I have to share

I do not believe that it will be possible for you to adopt this child and bring him into the US as your child. US law requires a child being adopted internationally to qualify as an "orphan". That requires the child to have only one parent (at most), who is unable to support the child to the standard expected in his home country. The second parent can either be deceased, or be gone and not supporting the child at all. Since this couple is married, obviously the child has two parents. This means the child does not qualify as an "orphan". Which means the child will not qualify for an orphan visa - which is the only kind of visa a newly adopted child can use to enter the USA. Bringing a citizen of Taiwan to the USA to give birth for the purpose of placing her child for adoption in the USA is not legal. So definately check the citizenship of the mother before you even think of doing it. Now, depending on the parents exact legal citizenship, there may be a few possibilities. If the mother is a US citizen who just happens to be living in Taiwan, I'm not aware of any law that prohibits her from traveling to the USA to give birth. And if your brother is still a US citizen, it's possible that there are interesting possibilities in adoption when the child is a dual citizen. (But your brother would have to take the steps necessary to have the child recognized as a US citizen, all of which have to happen after the birth, before you could make use of those possibilities.) So, family or not, you are definately going to need the advice and assistance of a lawyer well versed in immigration AND in adoption. In addition, your state may require you to use an agency whether you want to or not. There are a lot of legalities to be followed in adoption, even within a family. Be careful to follow all the laws, obviously, while you learn what avenues may (or may not) be legal. And as hard as it may be, do emotionally prepare yourself for the possibility that you will not be able to complete this adoption, or bring the child to the USA.

Thank you for your response, Diane. It does sound like more complicate then usual.Since I have dual citizenship, I may be able to adopt the baby in Taiwan then? I must check with immigration as you suggested so I can see if I really can help out.

Hi,If you adopt the baby as a citizen in Taiwan, but the baby is not eligible for a standard "orphan visa" for entering the US (due to not qualifying as an orphan under US law) you will need to live abroad for 2 years before you can bring your new baby into the US. MM

There are two separate issues at work here. One is the adoption. You *may* be able to adopt the child under Taiwan law. I have no idea, since I don't know anything about Taiwan law. But the other is immigration - legally bringing an infant Taiwan citizen, as your child, into the USA. And that is what most of us here know about. And that is only possible under an orphan visa, for which the child has to be an orphan... which the child isn't. So immigration - not adoption - seems to be your biggest issue. The only legal loopholes I have even heard rumors about are if the child or the mother are citizens of the USA. But even then I only know to send you to a really good immigration and adoption attorney to learn the details of what may be possible. If you successfully adopt a Taiwan citizen before figuring out how to bring the child into the USA, then you are likely to end up in the situation Max'sMom described - being unable to bring the child into the USA until you have lived abroad with the child long enough for the child to be considered for a regular dependent visa instead of an orphan visa. Last I heard, that time was indeed two full years of living in the other country with the child. Not what you're trying to sign up for, I don't think. I wish you luck!

Max's mom , I agree with your concerns. I am checking into bring in a dependent child into U.S after adoption with I-130 but I guess it is more complicate than what I thought. Diane, it is not difficult to adopt a child in Taiwan as a Taiwanese citizen and specially it is from a sibling. However,the problem is just like you said that is the immigration. I cannot live in Taiwan for 2 years because my husband's job and my other kids are in school, I really need to do more research and talk to lawyers. Luckily , baby is still a few months away so we can figure a way. Emotion is a strange thing ,after a while I am more calm about this and think more than when I first post this message. :)

There are two separate issues in any international adoption -- adoption and immigration. Adoption is regulated primarily by the laws of the child's country of citizenship. Taiwan does not require use of an agency, so if there were no immigration issues, you could do the adoption through a Taiwanese attorney, and possibly a U.S. attorney to help you on this end. However, the immigration end is much more complicated. To bring a newly adopted child, whether related or unrelated, into the U.S., he/she will need an IR-3 or IR-4 visa. And, according to the U.S. Immigration and Nationality Act, a federal law, these classes of visa CANNOT be given if the child has been living with two parents prior to adoption. The child must qualify as an "eligible orphan" under the Act. Also, be aware that, to get an IR-3 or IR-4 visa to bring an adopted child to the U.S., at least one parent must be a U.S. citizen. This is also part of the Immigration and Nationality Act. I don't know your immigration status, but if neither you nor your husband holds U.S. citizenship, you won't qualify. Both this part of the law and the part requiring the child to be an orphan are enforced very strictly. Pregnant women will not be granted any sort of visa to enter the U.S., if they indicate that their intention is to place their child for adoption here, because the U.S. government wants to protect them from exploitation. HOWEVER, if the pregnant woman fails to disclose the pregancy and the fact that she plans to place the child for adoption in the U.S., she could be charged with adoption fraud, a serious federal crime. If you can't get an adoption visa for the child, the only other LEGAL way for you to bring him/her to the U.S., as I understand it, would be to live overseas for two years with him/her and then apply for a regular dependent visa for him/her. All in all, before you even think about adopting your relative's child, get a good American immigration/adoption attorney to look at whether legal immigration of the child will be possible. Otherwise, you could find yourself with legal and moral responsibility for a child who cannot enter the U.S. Sharon

Sharon and everyone, Thank you for all the information that you provided and your support but my sister in law has made her own decision a few days ago. She told my brother(her husband ) and me that we don't have to worry about the pregnancy anymore. Thank you again!!