[hdowns]

In considering changing from Colombia to Ethiopia I am trying to sort out some of the various details. If we switch countries we will need to take out a loan (also because we may be adopting two waiting girls, rather than one thru Colombia) and we were originally hoping the tax credit would come right back early next year to cover that loan.

Now I hear that because of the Visa that Ethiopia gives the child we have to re-adopt here in the states in order to get that tax credit. The year is too quickly slipping away and I don't know how long that might take or if it just not likely to happen in 2005.

Can anyone comment on this?

Thanks!

[teranga]

It is not the Ethiopia program which determines whether or not you can get the tax credit upon your child's arrival in the U.S. The law is that you must see your child before the adoption finalizes in the child's homeland in order for the adoption to be considered final in the US when the child comes to the US. This is the same no matter what country you adopt from. The difference is that Ethiopia does not REQUIRE you to go there and see your child before the adoption is finalized in Ethiopia. So..if you choose to go over and see your child before the adoption is final, and then go get your child, the adoption is final (although you would probably still want to re-adopt once home, but that's another subject...for tax purposes though, the adoption would be final).

If you choose not to see your child before the adoption is finalized, then whether you escort or go to Ethiopia to bring your child home, the adoption would not be considered final in the US and therefore you would have to re-adopt before taking the tax credit.

I will mention that I know a lot of people who have taken the tax credit before they have re-adopted. This is not legal. The people I know have gotten away with it, but be aware that it is not legal to do it this way and if you are audited you'll get caught.

It is highly unlikely that you'll switch programs, have your children home, and re-adopt in the U.S. before the end of the year. I suppose if you fly to Ethiopia to see your kids before the adoption, there is a possibility they will be home before x-mas (and you would be able to claim the tax credit in this case) but it still seems pretty unlikely w/only 3 1/2 months til the end of the year. 2006 is more likely....

I hope that wasn't too confusing!!
Regards,
Teranga

[hdowns]

Not too confusing, it all makes sense. However, can you humor me for a minute and tell me what is involved with re-adopting in the US?
Thanks

[teranga]

It varies by state (actually there are even a couple of states which don't allow re-adoption--MI being one of them) but it's pretty straight-forward and easy.

You need 1-3 social worker visits (AZ, where we are, only requires one). As post-placement visits are needed just after placement anyway, you can combine them. If you don't re-adopt right away, you'll have to do more social worker visits later, specifically for the re-adoption. More money and more time--no thanks!.

So...your social worker knows you're going to re-adopt when they come to do the post-placements. They write a post-placement report for your agency, and a separate post-placement to submit to the court in your area recommending finalization.

The court fees are very low (under$20 in AZ), you fill out a couple of sheets of paper, have an "interview" at family services (they asked things like "do you understand your inheritance will go equally to this child and to your bio children"). Then a court date is assigned. You show up w/your child, tell them yes, you want to finalize the adoption, and they say congratulations. Also, they will do the name change at the same time if you are changing the name (the name your child will come home with will be the first name your child has in Ethiopia plus your husband's first and last names. If you're single, your first and last name). For example, if you're adopting a little girl named Meron and your husband is John Smith, your child's name would officially be Meron John Smith. So name changes are often necessary, even if you're keeping the Ethiopian name.

The whole process here took about 2 months, but there was really nothing to it. Then they send you a birth certificate w/the new name which is good b/c it's doubtful you'll ever be able to get copies of their Ethiopian birth certificate, if/when you need one!

[arkasha]

*******************

[hjdeth1]

re-adoption or finalization of a foreign adoption is really simply adoption so the length of time depends on the state.

For those children entering the US on an IR-4 visa, the adoption is not finalized according to US law until an adoption is completed in your home state. For these children, this is required regardless of your state to #1) obtain citizenship and #2) finalize the adoption for tax purposes.

In most states the costs will vary from $200 to $2500 and will take 6-12 months, just like any other adoption.

On the other hand, if the child arrives on an IR-3 visa, adoption in the home state is optional and in some cases you can simply have a process whereby the foreign adoption is validated by a judge very inexpensively and quickly.

If you are switching countries and have not yet changed your USCIS approval to the new country, then chances of completing the adoption before the end of the year are slim.

However, if you know who you are adopting and have a court date and return date, then one option is to simply go visit the children (both of you if you are married) for a few days BEFORE the adoption is finalized in Ethiopia. Then take pictures, etc to prove you visited the kids and supply those to the US Embassy issuing their Visas making it clear that you want them to have IR-4 visas.

[teranga]

Just a note here that when your child comes in on an IR-3, MOST states do not require re-adoption, but some do. This seems strange, b/c the adoption is already final according to US federal law, but there are some states which require re-adoption anyway (NJ being one of them), so check w/your state. Also there are advantages to re-adopting even if you don't have to.

And, as I mentioned above, some states will not allow re-adoption, even w/an IR-4, but you will still have to go through a court validation process in those states. The adoption is not final w/an IR-4 until re-adoption (in most states) is complete (and until validation is complete in the states which don't allow re-adoption).

Re-adoption does vary widely by state, but it is not just like doing an adoption from scratch (at least not in all states). In AZ, for example, all that is required is ONE social worker visit and a report from the social worker, plus a 15 min. interview w/family services. That is it. The cost of that visit plus court fees under $20 is the entire cost. In our case, she was coming anyway for the agency post-placement so charged only a small fee for writing the finalization recommendation and nothing for the visit. It was finalized in under 2 months.

So...bottom line is to check w/your social worker in your state--s/he'll know how it works where you are, but it's not necessarily a long or expensive or difficult process.

Teranga

[hdowns]

Thank you.
At first I thought it would be near impossible for us to make the switch of country, and to deal with the expense of adopting two if we couldn't get the tax credit this year. However, we found a way and we have decided to adopt two little girls waiting in Ethiopia as we speak!
They are 3yrs and 14mos and we can't wait!
Heather

[hjdeth1]

Heather,
That is fantastic. Congratulations on your daughters.
Hannah