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INTERNATIONAL ADOPTIONS |
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We want to adopt a child, but have had no luck finding a child available in the United States . Can we adopt a child born in another country? |
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Why have international adoptions increased in number and popularity? |
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What are currently some of the popular countries where American citizens are adopting children? |
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What costs and time frames are involved with adopting a child born in another country? |
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What rules apply to American citizens who live in Illinois and want to adopt a child born in another country? |
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How do we start looking for children born in other countries who are available for adoption? |
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If we adopt a child in a foreign country, should we re-adopt the child in the United States ? |
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What do you know about the recent legislation aimed at making it easier to obtain a Record of Foreign Birth? |
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Even with Senate Bill 180 becoming law, do you still recommend going through court proceedings for readoption? |
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How do I start the Illinois readoption court proceedings? |
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How long should the Illinois readoption court proceedings take? |
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What costs are charged for readoption court proceedings? |
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What do attorneys normally charge to represent adoptive parents in readoption cases? |
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| Q: |
We want to adopt a child, but have had no luck finding a child available in the United States . Can we adopt a child born in another country? |
| A: |
Yes. In America in 1999, more than 15,000 families adopted children born outside the United States . |
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| Q: |
Why have international adoptions increased in number and popularity? |
| A: |
Several reasons, such as the decrease in the number of children, particularly healthy infants, born in America who are available for adoption. At the same time, other countries have made more children available for adoption to American families. Many prospective adoptive parents tire of the wait often associated with domestic agency adoptions. Some prospective adoptive parents also fear the birth parents of an American child will try to make post-adoption contact or have the court vacate the adoption. In these cases international adoption may offer better and more opportunities to adopt. |
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| Q: |
What are currently some of the popular countries where American citizens are adopting children? |
| A:: |
Russia and other former Soviet Union republics. Also, former Eastern Bloc countries such as Poland and Romania . Adopting children born in China also is popular. |
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| Q: |
What costs and time frames are involved with adopting a child born in another country? |
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It is impossible to pinpoint accurately how much time and money will be spent by American families wanting to adopt a child born in another country. Factors affecting the costs and timing include how quickly a child can be found, the child's state of health, the United States ' diplomatic relations with the child's country of birth, travel expenses, and the unofficial customary fees and gratuities. |
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| Q: |
What rules apply to American citizens who live in Illinois and want to adopt a child born in another country? |
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The United States Immigration and Naturalization Service (INS) has significant rules, prerequisites, and other requirements that prospective adoptive parents must follow even before they can go to another country and return with a child they adopted in that country. The requirements include applications, background checks, and extensive home study investigations. The Illinois Department of Children and Family Services (DCFS) also has rules regarding international adoption, including that no person, agency or organization except a licensed child care institution or child welfare agency can receive a foreign-born child in Illinois without prior notice to and approval of DCFS. |
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| Q: |
How do we start looking for children born in other countries who are available for adoption? |
| A: |
Because INS and DCFS must approve the child coming into the United States , we recommend prospective adoptive parents of foreign-born children contact a reputable adoption agency experienced in international adoptions and dealing with INS and DCFS. |
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| Q: |
If we adopt a child in a foreign country, should we re-adopt the child in the United States ? |
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Yes. Readoption is not required, but it is highly practical because this is how you may obtain an American birth certificate for the child. Without an American birth certificate, difficulties with school registration, driver's license and other applications, and countless other bureaucratic matters may regularly occur. After entry of a readoption decree, the adoptive parents can obtain an Illinois "Record of Foreign Birth," which is similar to a new birth certificate. |
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| Q: |
What do you know about the recent legislation aimed at making it easier to obtain a Record of Foreign Birth? |
| A: |
Senate Bill 180 simplifies obtaining a Record of Foreign Birth for a person born and adopted in a foreign country by allowing the adoptive parents to submit five items to the State Registrar of Vital Records:
- evidence of the child's birth date and place, provided by the birth certificate (original or certified copy)
- certified copy of the foreign adoption decree
- copy of the IR-3 visa (immigrant visa issued by the U.S. Immigration and Naturalization Service for a child adopted abroad)
- name and address of the adoption agency that handled the adoption
- $5 application fee
Senate Bill 180 became law in late 2003 |
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| Q: |
Even with Senate Bill 180 becoming law, do you still recommend going through court proceedings for readoption? |
| A: |
Maybe. Many foreign adoption proceedings do not terminate the parental rights of the birth parents, especially if one or both birth parents are unknown or anonymous. Readoption court proceedings in Illinois will assure the termination of the birth parents' parental rights. |
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| Q: |
How do I start the Illinois readoption court proceedings? |
| A: |
The initial step in Illinois readoption court proceedings, after returning to the United States with the child adopted in the foreign country, is to file a court petition for entry of an Illinois adoption decree. If all rules involved with adopting the child in the foreign country and bringing the child to the United States are followed, and the adoptive parents file for readoption soon after returning to the United States with the child, the adoptive parents should be able to avoid another home study investigation during readoption court proceedings. |
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| Q: |
How long should the Illinois readoption court proceedings take? |
| A: |
The readoption court proceedings should be considered similar to a related adoption, but some Illinois courts treat readoption as if the parents were adopting an unrelated child. In the latter cases, the readoption court proceedings will take longer. |
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| Q: |
What costs are charged for readoption court proceedings? |
| A: |
For readoption, the petitioners must pay the Clerk of the Circuit Court's filing fee ($65.00 in McHenry County); the fee to serve the child with summons and the petition ($37.65 if done by window service through the McHenry County Sheriff Civil Process Division); $250 to $500 for fees of a guardian ad litem , who is an attorney for the child; and $5 to State Registrar of Vital Records to obtain the child's Record of Foreign Birth. If the child's birth parents did not consent to the adoption or did not have their parental rights terminated in the foreign country, the readoption petitioners also will have to publish notice in a newspaper, which costs $75 to $150 depending on the newspaper. |
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| Q: |
What do attorneys normally charge to represent adoptive parents in readoption cases? |
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Some attorneys may charge a set, or flat, fee. Many attorneys charge their customary hourly rates for readoption representation. |
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