How can a adoptive parent tell if their international adoption is "legal"?

Question

Still me:

You said," If I were adopting internationally, I would only work with an agency that can provide a meeting with the birthmother." How would you be able to tell if that was the real natural parent?

"Some are simply given up for $50 to feed the other four at home. Now, that child still needs a family and home, to be sure. But I could not adopt under those circumstances." I think that's where you're a little confused. Because that particular instance would be child trafficking and it is illegal. Adoption is something different.

Answer 1

Well, you really have to trust the agency...  because one big important fact to remember is that the child is not yours until the child is yours from a legal standpoint and there's no way a pre-adoptive parent can get into the politics and bureaucracy of a foreign government.

Answer 2

Here is the policy as enforced by USCIS (Immigration):

If both parents travel to the child's country to see him before bringing him home, the adoption papers given in the native country are legal and binding, and an R-4 Visa is issued.  You can choose to re-adopt in the U.S. through an attorney, but it's not absolutely necessary.

However, if one parent does not travel to bring home the child, or if the child is escorted from his native country and the parents do not travel at all, the child is issued an R-3 Visa, and must be re-adopted legally in the U.S.

Answer 3

The easy way is to meet the child's family and verify for themselves.  Sometimes, if the child has no family or the family cannot be reached, this isn't possible.  Other countries, like China, forbid this because it is illegal to abandon a child.  

The other way would be to look carefully at the paperwork.  Make sure that the government has followed the proper steps to ensure this is legal.  Look for social worker reports of contact with the family, or of attempts to contact.  Look for consistencies and inconsistencies in the paperwork!  Some countries require DNA tests; other times it can be requested.  

Make sure that the US consulate/embassy has seen all of the paperwork and validated it.  Consulates are much more educated on international adoption now and they must review everything to ensure the legality before issuing a US visa.  It's getting harder to get things by the consulates now, because of the education and attention on ethical international adoptive practices.  

Ask questions, ask more questions!  At this point in the process (Hopefully) the adoptive parent has already researched the agency and gotten references.  Does your child's dossier measure up to that of others?  What are the agency's polices for children that are relinquished to them?  Do they solicit?  Do they send agents to seek out families?

If the children are old enough, ask them how they came to be at the orphanage.  

It's a matter of taking the time to do the research and look at everything carefully.

Answer 4

Well, we have a semi-open international adoption.  I guess I can't be positive of their identity, but I'll just say it's been one  **ll of a in-depth fraud if they aren't!  We have many pictures of them holding their daughter, a picture of her birthmother while pregnant, we met them and they would have to be the best actors I've ever seen if they aren't really her parents.  Not to mention all of the court records, social services reports, medical reports, etc.  Like I said, I didn't personally witness everything, but it was a well-documented, open process.

Answer 5

You cannot.  You must work with an agency that is connected to community outreach in the area where they work.  Ask for those stats, how much is given, how, where, etc.  If I were adopting internationally, I would only work with an agency that can provide a meeting with the birthmother.  That is the only way I could feel sure.  Or, if I established a relationship with an orphanage myself, by doing work there, corresponding with people who have, or had friends who had volunteered there when they adopted.  You must do a lot of research to find out how children come into care.  Some are simply given up for $50 to feed the other four at home.  Now, that child still needs a family and home, to be sure.  But I  could not adopt under those circumstances.    

Say what people will about domestic adoption agencies, but at the very least, you know that there is a 99% chance that the birthmother has received counseling, education and support, and is freely and voluntarily relinquishing her child for adoption.