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We have raised an Aids orphaned boy(who is HIV negative) for 10 years, who had a grandmother living. We could not proceed to adopt him, because his grandmother, who was not caring for him, refused. We were advised by our Kenyan lawyer and adoption agency to wait till he was 14 and then move forward, as he could sign the papers himself.We then became his legal guardians, and have been trying to adopt him. Now they say that Kenya didn't finish the requirements for the Hague convention on adoptions. So, the US govt is recommending that Americans not adopt Kenyan children.So, our problem is that this is our child, and we want to adopt him. He is now approaching 16. Any ideas?
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Plenty of Americans adopt from non-Hague countries. As an example, Russia, which has consistently been a favorite country for adoption by American citizens, is non-Hague. So is Korea. Adoption from a non-Hague country should not be a problem if the country under consideration has a legal and ethical adoption system.
Just remember that, under U.S. law, you will NOT be able to get an adoption visa (IR-3 or IR-4) for the boy unless you can file your I-600 before he turns 16. American law is fairly strict about this. The ONLY exception occurs in the case where a family has already adopted a biological sibling of the child whom they now propose to adopt. In that case, the I-600 must be filed before the child turns 18. If a family cannot get an adoption visa for the child, the parents will have to live overseas with him for two years and then apply for a relative visa (IR-2).
So if you are going to adopt this child, you are going to have to act quickly if you want the child to be able to come to the U.S. with you. You will need to have your Kenyan lawyer and agency to tell you how long it will take to complete an adoption; if it won't be finalized till after the boy turns 16, you should not go through with it, since you won't be able to bring him home without staying overseas for two years. If you can get the adoption done quickly, then work with an American lawyer to be sure that your U.S. paperwork is done quickly and accurately, and that the boy will not be denied a visa.
Sharon
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