[collect07]

Could someone please just tell me if it possible for someone living in the United States to adopt their niece from Laos if the child is in the custody of her birth parents? Also this is with the parents consent.

I have posted another message in this same form under the title, "Adopting a Relative".
I would appreciate any help. Thank you!
Tom

[sak9645]

Remember that all international adoptions have two components -- adoption and immigration. The adoption of a child is governed by the laws of the country where the child is a citizen. The immigration of a child to the U.S. is governed by the U.S. Immigration and Nationality Act (INA).

There is an excellent article on adopting a child from Laos on the website of the U.S. State Department, at International Adoption Laos. It explains the problems with both adoption and immigration of a chlid from Laos.

Basically, in terms of adoption, according to the article, Laos bans all adoptions of children by foreigners. However, some exceptions have been made, but only through the Office of the Prime Minister. The process for obtaining adoption approval from the Office of the Prime Minister is described, but it is clear that there are no guarantees. Since you are a relative and of Laotian heritage, things might well go better for you than for most people.

As to immigration, I think you may find that it is the bigger barrier. The reason is that the U.S. INA does NOT allow the granting of an adoption visa to a child who has been living with his/her married parents (or with his/her parents who have been living in a common-law relationship recognized by the foreign country), even if the parents consent to the adoption and/or if the child is related to the prospective adoptive family. An adoption visa may be given ONLY if a child has:

1. Been living with a single parent (never-married, widowed, divorced, etc.) who cannot maintain the child at a standard considered normal IN THE FOREIGN COUNTRY.

2. Lost both parents to death.

3. Been abandoned, with both parents either unknown or unable to be found.

4. Been irrevocably relinquished by the parents, with no contact for a considerable length of time.

5. Been removed from parents who have had their parental rights terminated by a legitimate court in the foreign country, for reasons such as abuse or neglect.)

Moreover, an adoption visa can only be given to a child being adopted by a family in which at least one of the adoptive parents is an American citizen. You do not state whether you are single or married, and whether you (or, if married, your spouse) are U.S. citizens. If you are in the U.S. on a green card or other visa, and you are either single or married to a non-citizen, you cannot bring a child to the U.S. on an adoption visa.

Since the child you want to adopt appears to have been living with married parents, the ONLY way you would be able to bring him/her into the U.S. would be to adopt him/her overseas and then live with him/her OVERSEAS for at least two years. At that time, you could apply for a regular dependent visa for the child. Of course, if you are in the U.S. on a green card or other visa, that might mean the necessity for giving up the visa, moving back to Laos, then reapplying for a new visa for yourself, as well as for the child.

The article also points out that, even when a Laotian child qualifies as an eligible orphan, and when the Laotian Prime Minister approves the adoption, it may still be hard to get an adoption visa for him/her from the USCIS. Laotian documents, such as birth certificates, tend to be unreliable and are often rejected when presented to the U.S. Embassy in support of a visa application.

Under the circumstances, the best thing you can do is to retain a good adoption/immigration attorney in the U.S. He/she will be able to help you find out if there is even the slightest chance of adopting and immigrating your niece.

Sharon