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HI everyone,
I have a daughter working at a Christian sponsored school in the Dominican Republic. She met a family with a sick baby and the family had too may other children so my daughter has obtained gardianship for the baby. It is sick and has some disabllity.
I need to find out infomation, the rules, where to get help, how to proceed, who to talk to(attornies,agencies) to get help so my daughter can get this adoption through and come home.
All advice and help will be very welcome.
God Bless
LoiusM
cbmeds@verizon.net
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First off, do remember that U.S. immigration law (the Immigration and Nationality Act) does NOT permit the granting of an adoption visa to a child who was living with married parents (or parents in a common-law arrangement recognized by the foreign country).
If the parents of the child for whom your daughter is providing care are married or in a common law relationship, it is unlikely that she will be able to bring the child to the U.S., even if the DR will let your daughter adopt her. If an American adopts a child overseas, and the child is not eligible for an adoption visa, the American would have to live overseas with him/her for two years and then apply for a regular visa for him/her. If the American cannot do this, he/she would have to overturn the adoption.
As far as the DR process for adopting a child, you need to go to the website of the U.S. State Department and read what it says about DR adoption. Here is the web address:[url=http://travel.state.gov/family/adoption/country/country_375.html]Intercountry Adoption Dominican Republic[/url]
One thing that the site indicates is that the Dominican Republic no longer allows international adoptions by single people. It also does not allow adoptions by people under age 30. You do not indicate your daughter's age or marital status, but this could be an issue.
If your daughter qualifies to adopt, the process seems relatively straightforward. As with all international adoptions, your daughter would need to have a homestudy acceptable to the U.S. and the DR. She would also need to obtain permission from the USCIS to bring an adopted child to the U.S.; the USCIS needs to review the homestudy report, do an FBI fingerprint check, and so on, and there are financial requirements.
With an approved homestudy and USCIS clearance, your daughter could then submit a dossier of documents to the Consejo Nacional para la Niez y la Adolescencia (CONANI) in the DR. CONANI will have to approve the child as eligible for adoption, and the parents as eligible to adopt. Then the child's case can be heard in the Dominican Court of Minors. The adoption won't be considered final unless your daughter lives with the child in the DR for at least two months, and the U.S. Embassy in Santo Domingo won't issue a visa if the child does not have proof of a final adoption.
The website states that the U.S. Embassy in Santo Domingo has a list of local attorneys who will help adoptive families complete an adoption. Your daughter will probably want to contact one. However, be aware that foreign attorneys do not necessarily understand U.S. immigration law. While they may be ethical and knowledgeable about the foreign country's laws, they are not necessarily aware of U.S. immigration requirements. Therefore, your daughter should become fully familiar with issues such as the definition of a child eligible for immigration and so on. She should also check references, as the appearance of the attorney on the U.S. Embassy list does NOT necessarily indicate U.S. approval of the attorney's competence or ethics.
If the child is not eligible for adoption or immigration, or your daughter is not eligible to adopt the child, it is possible that she CAN arrange for the child to come to the U.S. for medical care.
The U.S. MAY issue a medical visa if adequate treatment is not available in a sick child's home country, and if proof can be provided that a U.S. medical institution is willing to provide the necessary care and that someone will pay any bills that are incurred. There will also need to be a family that can take responsibility for housing the child pre and post treatment. A medical visa is NOT an immigrant visa. The child will need to return to the DR after appropriate treatment and recuperation. For additional information on medical visas OR adoption visas, your daughter can contact the U.S. Embassy in Santo Domingo.
Sharon
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