Adopt blood relation from Malaysia?

February 9, 2007

No, it would not work.

Remember that international adoption involves two specific steps -- adoption and immigration. While your friend might or might not be able to adopt under Malaysian law, she could not bring the child to the U.S. on an adoption visa.

The U.S. Immigration and Nationality Act governs the immigration of adopted children. Basically, it has a part called the "orphan definition." Under this definition, you cannot immigrate a child who has been adopted directly from married parents. At the time of adoption, the child must be either:

1. Living with his/her SINGLE parent, who cannot parent at a level considered normal by the country. (Note: if a birthmother is legally single but living with the birthfather or another man, there will usually be a challenge to the issuance of a visa, and your friend may not be able to immigrate the child).

2. Abandoned, with an unknown birth family, and living in an orphanage or other setting.

3. Legally relinquished, and living in an orphanage or other setting with no contact with the birth family for a significant period of time. (Note: the USCIS will not issue a visa if it appears that the child has been placed in the orphanage specifically to make him/her immigratable under the Act.)

4. Removed from a family by legal authorities in the birth country for a cause such as abuse or neglect, and living in an orphanage or other setting without contact with the birth family.

5. Truly an orphan, with both parents deceased. (Note: proof of death is required.)

If a person adopts a child who does not qualify for an adoption visa, the only way he/she could bring the child to the U.S. would be to live overseas with the child for at least two years, and then to apply for a regular visa for the child.

Sharon