Adoption home study follow up in Texas??

I assume that you are bringing a child to the U.S. who did not have a full and final adoption overseas, but came here on an IR-4 visa and a decree of guardianship. Since the child will not have already been adopted, you must do an adoption in Texas. Since your original homestudy occurred before you took guardianship of your child, you will almost certainly need to update it to reflect the addition of the child. In fact, if you are moving back to the U.S. and making other life changes, it could well be that you will need a whole new homestudy. Also, remember that you may require post-placement visits, since your original homestudy took place before the child was placed with you. Sharon

Thank you Sharon for your response. Yes, my son would enter on an IR-4 visa. In my case, the initial homestudy will include my child, for whom I already have legal custody (for 3 years now) in his country of birth/where we live. The homestudy will reflect him. The problem is that I do not have plans to move back (permanently) to the US, but rather I would need to be there exclusively to complete the adoption. My social worker is able to complete the post-adoption visits here in our country of current residence, in compliance with all the normal, US rules and regulations (she is accredited accordingly etc). But my social worker was not sure if I would none-the-less require a follow up homestudy in Texas hence my question. If you have any thought on this i'd appreciate it very much. Thank you

Its alright. As long as you have a stable house there and you're not worrying about mortgage. ----------------------------------------- There is plenty of law at the end of a nightstick. -Grover Whalen foreclosureattorneysnow.org

Do you already have legal residency in Texas? Do you own property there? Do you vote there? Do you pay utility bills there? Do you have a driver's license there? Have you lived there in the past couple of years? Do you have a contract showing temporary employment overseas, after a period of residence in Texas? Unless you are legitimately domiciled in Texas, a state court is not likely to finalize your adoption, both because it does not have jurisdiction, and because it is not going to risk finalizing an adoption where you may be taking the child overseas to be beyond the reach of state and federal child welfare laws. And are you certain that you are going to be able to bring your child to the U.S. on an IR-4 visa, meaning that your child would have to meet the "orphan definition" in the U.S. Immigration and Nationality Act? Are you also sure that the foreign country will let you take the child to the U.S. without a final decree of adoption? Most foreign countries do not, nowadays; they want the adoptions finalized under their own legal system. My suggestion to you is that you get a good, American adoption/immigration attorney. He/she will know what you must do for the child who is in your custody. As far as whether you need a new homestudy, that is truly a second order issue. My feeling is that you can't possibly have a homestudy in Texas, if you don't have a legal domicile there. You would have to show a mortgage or lease, proof of employment in the state, etc. And you would have to have your home inspected for compliance with all local and state ordinances. A place that you rent for 30 days or whatever will simply not qualify. But, again, that is something that only a lawyer can tell you. Sharon

Thank you for your posts. As it turns out, in the months since I originally posted I have been able to complete my son's final adoption in the US (initial entry with an IR-4 visa) last month and all is well. FYI Sharon, permanent residency in the US is NOT a legal requirement for final adoption ; it depends on the states, but there are plenty of US Citizens residing out of the country who adopt. I am responding to this remark you made "because it is not going to risk finalizing an adoption where you may be taking the child overseas to be beyond the reach of state and federal child welfare laws" which, although logical, is actually not altogether accurate (as proven by the US Citizens who are able to adopt in the US despite living out of the country). Anyhow, thanks. Best wishes,Kore

As you say, states differ. I was actually looking at a summary of Texas laws defining legal residence and legal domicile, because a state court has no jurisdiction, in general, over matters concerning non-residents. A citizen of South Korea could adopt a baby born in Texas, using a state court, presumably, because adoption relates to the child's country of citizenship. A citizen of the U.S. who lives in Texas can adopt a South Korean baby in a Texas court, because the Korean government places the child with the family under a decree of guardianship, requiring adoption in the family's state of residence. However, a citizen of the U.S. who does not maintain residence or domicile in Texas, as defined by that state, may not be able to adopt a Korean child in a Texas court, since it would not have jurisdiction, as neither the child nor the parent is a Texan. I can only assume that you were able to establish residence or domicile in Texas that allows you to be defined as a Texan for the purpose of adoption. Sharon

I think you should seek legal help for that. You may ask an [URL="http://immigrationlawyerscourt.jimdo.com/2011/10/05/immigration-lawyers-liberals-shocked-with-herman-cain-s-views/"]immigration attorney[/URL] regarding that matter.