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Old 01-17-2005, 11:50 AM
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vietnam vietnam is offline
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Adopting a non Orphan child

Hello,

My husband and I are both Vietnamese. We know people in Vietnam who is willing to give up their baby to us but I don't know what the process is like since the baby is not an orphan. Can I still adopt this baby without going through an agency and all? and if yes, how?

Thanks

VN
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Old 01-17-2005, 11:57 AM
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Lissa Lissa is offline
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Contact a Lawyer

My understanding is unless you are a blood relative of the child they legally must be an orphan to be adopted into this country. I know this is true of some countries, but not sure for all (though I suspect that is the case.) I would contact a lawyer to make certain. Good Luck on your journey.
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Old 01-17-2005, 12:15 PM
Colorbind love Colorbind love is offline
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If the parents are together and raising the child, then they won't qualify for an orphan visa to immigrate to the US. At that point, the only option would be for you to adopt them in the country of origin and live abroad with them for 2 years before you could immigrate them as a blood relative.

But, you have a bigger issue than that right now. Currently, there is no agreement between the US and Vietnam for adoptions. You cannot do a Vietnamese adoption from the US. If you are eligible to do an adoption as non-resident citizens in Vietnam, you could probably go that route, but again can't bring the child into the US unless they meet the standards for the orphan visa.

You can find some information at the State Dept regarding what qualifies a child for the orphan visa, which isn't just being a classic orphan. But, again there isn't a procedure from adopting from Vietnam while in the US right now. They are supposed to iron out an agreement for special needs adoptions this spring with regular adoptions to move again at a later date. But, as of today its not possible.
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