[Shana112573]

We want to adopt my husband's niece from Spain (she is 10 and currently enrolled here in public school in Queens, NY). Her mother (my SIL) sent her to live with us because we are her only family plus she really wants her daughter to study in the US. I don't know where to begin... Her visa will be expiring in about a week so we are running out of time now (I just found out about that). Her mother will fly in from Spain if she needs to. Does anyone know what the first step is for us?

Thanks,
Shana

[Shana112573]

One question that I have from reading other posts was that the birth parents (in this case it is just the mother) is to initiate all contact with an attorney...How do you start this if she is in Spain and we are in the US? The birthmother (my SIL) has no problem with the adoption...Can she do it from Spain? If not, if she comes to the US could it be done quickly (since she wouldn't be able to stay long because of work) ~ I know nothing is done quickly when it comes to adoption

Our main concern is that her visa is expiring soon.
Any suggestions?

Thanks,
Shana

[spitzlvr]

Shana,

(I posted this on your other post too)

I did alittle web research on your question, and here is what I found...

Foreign adoptions in Spain are exceptionally rare. There are not enough children available for adoption to satisfy the demand of Spanish prospective adoptive parents. Adoptive parents must be legal residents of Spain and must remain in Spain throughout the adoption proceedings.

Prospective parents may not adopt their own descendents or immediate blood relatives, and may not adopt second-degree relatives (i.e. niece, nephew) by blood or marriage.

http://travel.state.gov/family/adop...ountry_324.html

This site also has links to get started.

But from what I read, it really doesn't look easy or very possible.

[Shana112573]

Thanks for the reply...I tried to click on the link but it didn't work. Can you please e-mail it to me (SMotta@tullyconstruction.com)

Thank you very much,
Shana

[Shana112573]

I checked out the website...thank you very much. So adoption doesn't look possible...is there such a thing as a legal guardian? Again, I don't know much about this...any information would be greatly appreciated.

[sneezyone]

You may not be able to complete an adoption under Spanish law, but since the child is in the states and the mother is willing to travel to the states to complete the proceedings, you may be able to adopt the child uner U.S. law??? I'd talk to an experienced adoption attorney in your area to see about obtaining guardianship (the immediate need) then see to the adoption issue later.

[Shana112573]

Can a 10-year-old from Spain be here on a student visa? (I know it is easier for a college student)...

[spitzlvr]

Ok - I looked into that a bit. It looks like she can, if she gets one of these types of visas...F-2, J-2 or H-4. (NOT an f-1).

Try looking here...

http://www.unitedstatesvisas.gov/vis...rocedures.html

[sak9645]

You need to contact a reputable immigration attorney immediately!

It may be possible to extend the child's current visa, which will give you a little lead time. Perhaps an attorney could make the argument that she ought to be in the U.S. for the full school year, although, if she is here on a tourist visa, she shouldn't have been enrolled in public school in the first place.

As to adoption, remember that, even if it was possible to adopt from Spain, you would have to satisfy both the laws of Spain and the laws of the U.S. Complying with foreign and U.S. laws often takes as much as a year or more, even when a country is very open to adoption.

I'm not totally familiar with Spain, but my recollection is that the country has a residency requirement. That is, prospective parents must be legal residents of the country for some period of time, probably at least a year. I'm not sure that you would be willing to move overseas for such a long period of time, to make the adoption happen.

The State Department website also indicates that Spain does not allow adoption of children by relatives such as aunts and uncles. This would seem to rule you out totally, although it may be worth your while to talk with a reputable adoption/immigration attorney to see if this law has any exceptions.

Also, if the child has been living with married parents, or with unmarried parents in a country that recognizes common-law marriage, he/she will not qualify for an adoption visa, under U.S. immigration law. I'm not sure this applies in your case, because you speak only of your sister-in-law, and not of a husband or father. But even if she qualified, just because she is already in the U.S. does not mean that she can stay here, just with a different visa status. She would probably have to go back to Spain and wait out the adoption/immigration process.

Sneezyone, what you propose regarding the child is not feasible. An adoption must be completed under the laws of the child's country of citizenship. Since the child is not an American citizen, she cannot be adopted under U.S. law. She must be adopted under Spanish law.

Do remember, of course, that neither I nor most of the people on this board are adoption/immigration attorneys. Your best bet is to find an American adoption/immigration attorney who is highly experienced and ethical. He/she can enumerate your options, and help you figure out the right way to proceed.

Sharon