Adoption with criminal history

A lot will be up to the homestudy agency you choose. Generally, if a criminal act occurred more than 10 years ago, and when the perpetrator was a minor, it may be viewed more tolerantly, especially if it was for something relatively minor, like participating in a peaceful but unauthorized protest march, playing loud music at night, spraying whipped cream on cars on Halloween, etc. However, a lot will depend on how the social worker views the presence of SEVERAL arrests, what types of arrests they were, and how your friend talks about them now. It is possible that the social worker will note the fact that your friend didn't commit any violations of law as an adult and say, "Well, he was quite a hellion as a kid, but he has really matured." However, the social worker could also want to see a little more time pass before approving your friend, since he is still quite young, if he was still a minor ten years ago, and it may be hard for the social worker to believe that he can go from committing several law infractions to being a model citizen so quickly. When interviewed, your friend will almost certainly need to disclose arrests as a minor, even if he was told that the record was expunged or would be sealed once he turned 18 or 21, or once he completed a year of crime-free living. Likewise, both misdemeanors and felonies will need to be disclosed. If arrests are NOT disclosed to the social worker, and subsequently show up on the FBI fingerprint check, that could be grounds for a denial by the USCIS, unless he and the social worker have a good explanation for the non-disclosure. The social worker will probably want to see the police and court records, and will want a detailed written statement from him about each offense. In it, he should not attempt to evade responsibility by saying, "I didn't inhale" or "All the guys were doing it," or "It really wasn't a big deal." He should admit fault, talk about what he learned from the experience of being arrested and having a punishment such as a fine, community service, an alcohol awareness class, or whatever, and indicate what he has done to be sure that he won't commit further offenses. Do be aware that, if any of the offenses involved violence, domestic abuse, child abuse or neglect, or sexual misconduct, the story could be quite different. No social worker will be comfortable placing a child in a household where a resident might abuse, neglect, or molest him/her. Also, be aware that the USCIS and some foreign countries take drug and alcohol issues very seriously. Russia, for example, is EXTREMELY concerned about any mention of alcohol abuse, even DUIs. Alcoholism is a serious social problem in Russia, and the authorities know that many of the adoptable children have been removed from homes where their parents neglected or abused them because of it. As a result, they don't want to see a child put into a situation where he/she could be abused or neglected by an adoptive parent with a drinking problem. An episode of underage drinking, with no other indication of an alcohol issue in ten years, is unlikely to be a deterrent for the USCIS and some countries, but check with agencies about Russia, as some agencies don't want to have even a whisper about alcohol in the dossiers they submit to that country. Be aware that there are a few countries and some agencies that are not favorable to cohabiting singles, though that should not be a big problem if all else is OK and you are flexible about countries. Stability of relationship is always required, which means that you should be together a few years before applying. On the homestudy, you will probably be asked a lot of questions about your financial arrangements and other matters. If your partner is contributing to the support of the household, then you will be asked about your ability to provide for a child if you break up. You may be asked if your friend plans on doing a second parent adoption (if legal in your state), once you adopt, so that he is the legal father of your child and, if so, why you don't just get married. Your partner may be asked if he is as committed to the adoption as you are. The questions may be intrusive, but understand that the goal is to ensure that a child will come into a stable and loving home, where you have carefully thought about the nature of your relationship. Sharon