Adoption of foreign-born child is a legal transaction
The well-publicized adoption in October by pop singer Madonna and her husband of an African child has stirred up controversy around the world. One of the issues is whether the prospective parents flouted laws concerning their residency in Malawi. Some charities have started legal proceedings to challenge the adoption.
The situation underscores the importance of knowing the laws regarding international adoption.
Most countries have some type of laws or rules regarding foreign adoptions. In the U.S., the Immigration and Naturalization Services (INS) has significant rules, prerequisites and other requirements that prospective parents must follow before they can even visit another country and return with an adopted child. The requirements include applications, background checks and extensive home study investigations.
INS and the Illinois Department of Children and Family Services must both approve a child coming into the U.S. Prospective parents frequently turn to a reputable adoption agency that has experience in working with INS and DCFS.
Once parents have an adopted child, they may want to consider re-adoption so they can obtain a U.S. birth certificate for the child, thereby eliminating countless bureaucratic matters that may arise during the child's life. After filing a petition for entry of a re-adoption decree, the adoptive parents can obtain an Illinois "Record of Foreign Birth," which is similar to a birth certificate.
Illinois Senate Bill 180, passed by the state legislature in November 2003, simplifies obtaining a record of Foreign Birth by allowing the adoptive parents to submit five items to the State Registrar of Vital Records, including evidence of the child's birth date and place, a certified copy of the foreign adoption decree, copy of the IR-3 visa, name and address of the adoption agency that handled the adoption, and a $5 application fee.
Re-adoption court proceedings in Illinois will ensure the termination of the birth parents' parental rights. The initial step is to file a court petition for entry of an Illinois adoption decree. If all rules involved with adopting the child and bringing the child to the U.S. are followed, and the adoptive parents file for re-adoption soon after returning to the U.S. with the child, they should be able to avoid another home study investigation.
The average length of time that re-adoption proceedings take is usually similar to the amount of time as a regular adoption - about seven to eight weeks.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.