International Adoption Attorney

International Adoption Process

Every year, many residents of  California consult a San Jose family law attorney to help them adopt childrenSan jose adoption from other countries.  International adoption is similar to domestic adoption. In both situations,  legal parental rights are transferred from a child’s birth parents to his or her adoptive parents.  The main difference between an international adoption and a domestic adoption are the laws that govern the adoptions. A San Jose adoption attorney can help you in either situation.

When adoptions take place in the United States between United States citizens, foreign laws do not apply.  International adoptions, however,  are subject both to the adoption laws of the country where the adoptive parents live and where the child lives. The adoption process is further complicated by whether the countries involved are parties to the Hague Convention. Because of the complexity of international adoption, it is a good idea to contact a knowledgeable San Jose family law attorney to best navigate the international adoption process.

What is the Hague Adoption Convention and does it apply to me?

The Hague Adoption Convention is an international agreement. It was created to protect the international adoption process. The Hague Adoption Convention created set standards for international adoptions in order to protect the children involved.  The Convention applies to all adoptions between the United States and the 75 other nations that have joined the convention.

Who can adopt?

In order to successfully adopt a child from another country, you must first be eligible for an adoption under U.S. law. You must be a U.S. citizen, and you must be 25 years old if you are single. If you are married, you must adopt the child with your spouse, even if you are in the process of getting a divorce. You must also pass a criminal background check, amongst other background requirements.  In addition,  you must also meet your state’s specific adoption requirements, and the requirements of the country from which you are adopting. A San Jose family law attorney can help you comply with the applicable adoption laws, both nationally and internationally.

Please contact Madan Ahluwalia, the experienced San Jose family law attorney, at Ahluwalia Law P.C.