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International adoptions and California law

by Dinnebier & Demmerle on December 24, 2014

INTERNATIONAL ADOPTIONWhen families welcome a child through adoption, all the legal, financial and emotional ordeals, so to speak, are rewarded by the end result: a new family member being the outcome. The process can be long and difficult for adoptions within the United States; when parents choose to adopt a child from another country, there are additional considerations and often, obstacles. There are many misconceptions about international adoption; negative publicity and horror stories not grounded in fact may discourage families, including those with substantial assets, from embarking on the adoption path.

Generally speaking, an international adoption is completed according to the laws of the country in which it takes place; so it is logical to think that once adopted, the child is officially adopted for good. However, once the family (and adoptee) has returned to the U.S., different laws may come into play, depending upon where the family makes its home. And a child newly adopted in another country may need to be legally re-adopted in America.

This varies from state to state. As of this posting, the State of California does not require re-adoption, but does allow for it if the United States Immigration and Naturalization Service should mandate it. For example, an adopted child may enter the U.S. on what is known as an Immigrant Visa that does not allow for permanent residency; the parents will need to satisfy all conditions, and take measures to resolve issues such as these, including legal re-adoption.

Please keep in mind that the content of this blog is intended not as legal advice, but only for information and/or discussion purposes. Should you have questions or concerns about how California family law may apply to you, you may wish to consult a knowledgeable family law attorney. 

As Orange County’s premier family law specialists, the attorneys at Dinnebier & Demmerle can provide answers to your questions and concerns, clarify and establish your legal rights, and represent you in court. If you would like more information about domestic or international adoption or any other aspect of California family law, please call to set up a consultation. We’re ready to move forward when you are. Just contact us in Tustin at 714-838-1099.

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