Legal Definitions - intercountry adoption

Intercountry adoption, also known as international adoption, is the legal process through which an individual or couple adopts a child who is a citizen or resident of a country different from their own. This complex process requires navigating the legal systems and requirements of both the adoptive parents' country and the child's country of origin, often involving compliance with international treaties designed to protect children, such as the Hague Adoption Convention. The primary aim is to provide a permanent, loving family for a child who cannot be cared for within their birth country.

• Example 1: A married couple living in California, USA, decides to adopt a baby girl from South Korea. They work with an accredited adoption agency that guides them through the legal procedures in both the United States (for immigration and finalization) and South Korea (for the initial adoption decree and child placement). After several months, the adoption is finalized, and the child travels to the U.S. with her new parents.

  Explanation: This scenario exemplifies intercountry adoption because the adoptive parents are U.S. citizens, and the child they are adopting is a citizen of South Korea. The adoption process spans two distinct national legal systems and involves the child moving from one country to another.

• Example 2: A single woman residing in Berlin, Germany, wishes to adopt a school-aged child from an orphanage in Ukraine. She completes a comprehensive home study in Germany, then follows the specific adoption protocols established by Ukrainian authorities, including court proceedings in Ukraine, before applying for a German visa for the child to enter Germany.

  Explanation: This is an intercountry adoption because a German citizen is adopting a child from Ukraine. The legal and administrative steps involve the governmental and judicial bodies of both Germany and Ukraine, demonstrating the cross-border nature of the adoption.

• Example 3: A Canadian family, currently living as expatriates in France, decides to adopt a toddler from Ethiopia. They must comply with Ethiopian adoption laws, French residency requirements for the child, and Canadian citizenship and immigration laws if they intend for the child to become a Canadian citizen or eventually reside in Canada.

  Explanation: This illustrates intercountry adoption because the child is from Ethiopia, and the adoptive parents are Canadian citizens, even though they are temporarily residing in a third country (France). The adoption involves the legal frameworks of at least two different nations (Ethiopia and Canada), highlighting the international scope of the process.