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My wife & I are considering adopting her godson, who is 13 years old and lives in Lima, Peru. We've been reading lots of information on this website and the adopting.org website, but it appears that the information that applies to our case is only covered in piece parts.
Here's the background: I am a 39-year-old active duty US Navy officer, currently serving on the Navy Pentagon staff with orders to a new 3-year assignment in the local area beginning in January. My wife is 32 years old, originally from Peru, and a legal US permanent resident (we'll be applying for her citizenship within the next couple of weeks). We've lived in & owned our home in Alexandria, Virginia since November 2004, and we'll be staying here for at least the next three years, at which point I plan on retiring from active duty to take a job in the civil sector (with my education, experience, & certifications, my income will very likely grow significantly).
My wife was named godmother to the son of a family friend in Lima, Peru. The boy's parents are both teachers, so it's not surprising that he has been one of the top 3 students in his grade. He was a surprise pregnancy, since his parents already had children in their 20s when he was born.
The big reason my wife & I have been talking with his parents about the possibility of adoption is his education & life opportunities. He is an exceptionally bright, decent, hard-working kid, but since his parents are economically limited, we're all concerned about his talent going to waste. His parents love him very much, but they also find themselves in a situation that they don't feel equipped to properly set him up for his future both economically and from the perspective of their declining health. Since they inherently trust & love my wife and have come to do with me as well (turns out the boy's mother grew up with mine, so my name was already gold in her book), they believe that we are best-suited to ensure his future success.
All said, from what I've been reading so far, it appears that either adoption or legal guardianship would be the best bets for our situation. We need to find out first if we're eligible/qualified for either, what steps are required, and estimated time & cost to complete these. If anyone has any recommendations, advice or perspective on our situation they can share, it would be greatly appreciated.
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Curtis Thomas likes this.
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Hi,You should take your questions to a good immigration attorney - the types of adoptions the people on this bulletin board are typically involved in are very different from what you describe. They are trying to adopt children who are already relinquished for adoption to the state/a children's home and who meet both local and American legal criteria for adoption. Your case is different, since the parents are not relinquishing custody by placing their child in the custody of the state or a home. Only a good immigration lawyer can help you, since what you are talking about is not a typical international adoption and thus our advice might not be accurate. You wouldn't want to be put in a position where you adopt this child over there, and then find you have not met the US legal criteria for bringing him here on an adoption visa.Good luck!MM
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Remember that international adoption involves two processes -- the foreign adoption, which must conform to the laws of the foreign country, and the immigration of the child to the U.S., which occurs under the terms of the U.S. Immigration and Nationality Act (INA).
As to immigration, it looks as if you will be out of luck in terms of getting an adoption visa. The INA includes a definition of a child eligible for an adoption visa as one who is NOT currently living with married parents (or parents in a common-law marriage recognized as valid by the foreign country). The child must have either:
a) A single parent (e.g., widowed, divorced, or never married) who cannot maintain him/her at a level considered normal in the foreign country.
b) No living parent.
c) Parents who have abandoned him/her.
d) Parents who have irrevocably relinquished him/her to an orphanage or similar facility, and who have not maintained any contact with the child for a significant period of time.
e) Parents who have had their parental rights terminated by a legitimate foreign court for reasons such as abuse or neglect.
The only way you would be able to get around this provision of the INA would be for you to complete an adoption of the child overseas and then to LIVE with him in Peru for AT LEAST TWO YEARS. You could then apply for a regular dependent visa -- not an adoption visa -- for him and go through the usual process of obtaining such a visa.
As far as Peru's adoption process, consult the website of the U.S. State Department, at [url=http://travel.state.gov/family/adoption/country/country_435.html]Intercountry Adoption Peru[/url]. There is a good description of the process there. You may have an advantage, since your wife holds Peruvian citizenship. However, even if you manage to complete an adoption, you will face the immigration issues noted above.
Sharon
I would strongly recommend contacting an American attorney with a combination of adoption and immigration experience, or an American agency that has a track record of placing children from Peru with American families.
Your ' GodDaughter ' has both Parents living and able to care for her. Adoption is going to be a ' tough alternative. 'I am curious as to why they gave you Adoption as an alternative or what other options did they give or are you exploring please??I would consider putting your Benefits in a Trust in your ' GodDaughter's ' name, or other type of entitlement for her.That is an extremely beautiful and beyond ' stellar ' gesture of what you intend to do as well also!!!