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Hi all,
My wife and I are looking to adopt her niece's daughter, who lives in Thailand. My wife is from Thailand and has her US Green card and I am an American Citizen. We live in the US. My wife's niece was newly married and shortly after the birth of their lovely daughter her husband tragically passed away from cancer. Their daughter is one and a half years old now. The niece is quite young and wishes to continue her education. My wife and her niece have discussed us adopting this child and taking care of her in the US. My wife and I are happy to do this and agree that it is the best for the child and mother and coincidently ,we were discussing having a child ourselves - so there is "Room at the Inn" so to speak both physically and mentally.
My question is what is the best way to go about getting an adoption of this sort approved and through the system in Thailand and the US? I am willing to spend a great deal of time and effort to accomplish this, and will also spare no expense if it makes the process easier. Any help would be most appreciated by all parties involved here.
Thank You for your time.
Steve and Ploy
PS my wife and I are happy to answer any questions that adoptive parents may have on Thai culture etc
We are hoping to adopt my sister in laws' 10 year old daughter from Isaan. It's hard to find out much about the process and even harder to find a Thai attorney who can be trusted.
My wife too, is con Thai (recenty got her US citizenship!!).
We would really like to give this youngster a shot at the American dream. Any info or better yet, connections in the Land of Smiles that might assist our efforts is appreciated.
Thanks and good luck with your efforts,
BULL
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We're being told that adopting in Thailand should not be a problem but that US Immigration will only issue a visa for 'orphans'. I don't see how these relatives can meet the criteria as orphans. Discouraging information. Anyone have experience adopting and bringing to the USA non-orphans?
BULL
Daihlo and Bull: Your best bet is to contact a reputable American adoption/immigration attorney.
Daihlo: Do not worry about the "orphan" status of your niece's child. The definition of "orphan" in the U.S. Immigration and Nationality Act (INA) is much broader than the definition that is in common use.
Basically, an orphan, under the terms of the INA, is a child who is in one of the following situations:
1. Lives with a single parent who cannot support him/her at a level considered normal in the foreign country. A single parent can be never married, divorced, widowed, or in a situation where the spouse or partner has left the home and is not involved in the support of the child. (Expect problems if the single parent is currently living with a partner who is not the biological parent, as that partner may be treated as a step-parent, disqualifying the child from orphan status.)
2. Has two deceased parents. (Death certificates are needed.)
3. Was abandoned, with no contact with parents.
4. Had the parental rights of the parents revoked permanently by the actions of a legitimate court -- for example, because of abuse or neglect.
5. Was permanently and legally relinquished by the family, with no further contact.
The biggest barrier to orphan status occurs if the child has been living with two married parents, or with unmarried parents who are in a common-law relationship recognized by the foreign country. Such a child will NOT be considered an "eligible orphan".
It would, therefore, appear that a case could be made for considering your niece's child to be an orphan, since the father is deceased and the mother is raising her. The issue would be whether the mother can support the child at a level considered normal in Thailand. Since you say that she is young and in need of further education, I suspect that she does not have good earning power; a good American attorney can help you make that case.
Bull, in your case, the issue would be whether your sister-in-law is functioning as a single parent. Her husband/boyfriend does not need to be deceased. She can be divorced or unmarried or widowed, or in a situation where her husband left the home and has not supported or kept contact with the child, as long as she cannot support the child at a level considered normal in her country, and as long as no one else is functioning as the father or stepfather.
Do proceed fairly quickly, however, Bull. Remember that U.S. law allows the filing of an "orphan petition" (I-600) only up until a child's 16th birthday. The sole exception occurs when the adoptive family has already adopted a biological sibling of the child, when the child can be up to age 18.
Remember, however, Daihlo and Bull, that international adoption involves two components -- adoption and immigration.
Adoption involves complying with the adoption laws of the child's country of citizenship. A good American adoption/immigration attorney can help you find out what Thai adoption laws require, and advise you on whether you can adopt the children you have in mind. With Thailand, you DO need to complete the adoption overseas, and will not be able to bring the child to the U.S. under a decree of guardianship, for adoption here.
With respect to immigration, you need to comply with U.S. immigration law. You and your respective spouses will need to have a homestudy, just as you would for non-relative adoption. You will need to satisfy the USCIS that you are morally and financially qualified to bring an orphan to the U.S.
And, as mentioned above, you will need to prove that the child you propose to immigrate is under 16, meets the "orphan definition" of the INA, and has been legally adopted.
Again, I would advise both of you to get the best American adoption/immigration lawyers you can, and to work with them on bringing the kids to the U.S.
Sharon
BULL
We're being told that adopting in Thailand should not be a problem but that US Immigration will only issue a visa for 'orphans'. I don't see how these relatives can meet the criteria as orphans. Discouraging information. Anyone have experience adopting and bringing to the USA non-orphans?
BULL
Hello Bull why not contact reverend Father Michael(shumichael1969@gmail.com) regarding your adoption???we went to Thailand reveral times and did not succeeded until we contacted him and finaly we adopted our child within a perion of months.
Ambe
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I am not sure about the "rights rebuked with no contact" I just watched a circumstance where in another country, the child had two parents that were married, they gave the child up to the receiving family which at the time lived in the country, the were visiting. After the courts were finalized and the child was legally theirs for 6 months, the U.S. refused to issue a Visa and there was no contact with the child for 6 months and everything was legal in that country for adoption (the wife even stuck around for another 3 or 4 months and they still refused visa). The family is now living in Canada for the "two year period" required by law in this circumstance, for the child to get a visa to enter the U.S. Please please make sure that all letters of the law are examined by lawers as another poster suggested. I have seen what seemed "clear cut and maneuverable" cases become nightmares because of that orphan definition. This is only one case I am privy too and I am aware of more. In some cases, I have seen the giving family have to transfer household registry or "rights" to an orphanage in some countries before the child was considered an orphan also. Good luck to you.