Navigating International Adoption Requirements and Procedures
March 10, 2025
Adopting a child from another country is a deeply rewarding journey, but it comes with its own set of unique challenges. In Louisiana, prospective parents considering international adoption must meet various requirements and adhere to specific legal procedures that align with both U.S. and international law.
At The Law Office of Ivy L. Graham in Denham Springs, Louisiana, we understand how overwhelming this process can feel, especially when it involves understanding adoption law in multiple jurisdictions.
We’re committed to walking with you every step of the way, helping you understand what is required and how to comply with the laws involved in international adoption.
Adoption Law in Louisiana
Before embarking on the international adoption process, it's important to familiarize yourself with the adoption laws in Louisiana. Louisiana has specific rules governing adoption, including both domestic and international cases. International adoption involves both U.S. federal laws and the adoption laws of the child’s country of origin.
While Louisiana’s adoption laws work in conjunction with federal regulations, the state’s adoption procedures provide important guidelines that must be followed to finalize the adoption process.
One of the first steps in international adoption is to understand the guidelines set by the Hague Convention on Intercountry Adoption (Hague Convention), an international treaty that establishes procedures for intercountry adoptions.
Louisiana adoption laws also place particular emphasis on verifying that the adoption meets the standards of both the sending country and U.S. immigration authorities.
The Hague Convention and International Adoption
The Hague Convention governs international adoptions between countries that are party to the treaty. As the U.S. is a member of the Hague Convention, adoptions from countries that also follow the Convention must adhere to its provisions.
This confirms that children are adopted into safe environments, the birth parents' rights are protected, and that the adoption process is free from corruption.
In the context of Louisiana adoption law, when adopting from a Hague Convention country, you must work through an accredited adoption agency.
These agencies are responsible for meeting both the sending country’s requirements and U.S. regulations, including making sure that all legal requirements are met for the child’s entry into the United States. The agency also facilitates communication with the child’s birth country to follow its adoption procedures.
Step-by-Step Process of International Adoption
At Ivy L. Graham Attorney at Law L.L.C., we guide clients through each phase of the international adoption process. Though this process can vary depending on the country of origin, there are general steps that most families must complete.
Choosing the country: The first step is choosing which country you wish to adopt from. The decision is influenced by factors such as the country’s adoption laws, the number of children available for adoption, and the country’s adoption requirements.
Louisiana adoption law does not dictate which countries prospective parents can adopt from but requires that all international adoption procedures meet specific guidelines.
Adoption application and home study: Once a country is selected, prospective parents must submit an application to adopt. The home study process is an essential part of this step.
In Louisiana, a licensed social worker evaluates the suitability of the home and the parents' ability to provide a stable, loving environment for the child. This report is submitted to the adoption agency and to the child’s country of origin.
International adoption agency: After the home study, you’ll work with an accredited agency that is authorized to handle adoptions from the selected country. This agency is crucial in guiding you through the paperwork, fees, and compliance with both the sending country’s and U.S. immigration laws.
Immigration approval and visa application: U.S. immigration law plays a significant role in the adoption process. Once a match has been made and the child’s country has completed its portion of the adoption procedure, parents must apply for the child’s visa to enter the U.S.
This includes filing an immigration petition with U.S. Citizenship and Immigration Services (USCIS), and once approved, applying for the appropriate visa that grants the child entry to the United States.
Finalization in Louisiana: After the child enters the United States, the adoption must be finalized in a Louisiana court. Adoption law in Louisiana requires a petition to be filed with the court to finalize the adoption. A judge will review the case and make a determination based on the best interests of the child.
Post-adoption requirements: After the adoption is finalized, some countries require post-placement reports to monitor the child’s adjustment to their new home. Louisiana adoption law may require follow-up visits from social workers to confirm the family is fully supporting the child’s well-being.
U.S. Immigration and Naturalization Service Requirements
In addition to adhering to Louisiana adoption law, prospective adoptive parents must also traverse the requirements of U.S. immigration laws, which oversee the child’s entry into the country.
The U.S. Citizenship and Immigration Services (USCIS) requires that the adoption be finalized in the home country before the child can be issued a visa. USCIS will also evaluate the adoptive parents’ suitability for adopting and whether the adoption complies with U.S. adoption law and immigration regulations.
For adoptions from Hague Convention countries, parents must complete the Hague Convention Certification and fulfill specific requirements regarding the adoption process and parental suitability. For children from non-Hague Convention countries, the process differs slightly but still requires the completion of forms to gain legal entry into the U.S.
Important Louisiana Adoption Laws
Louisiana adoption law focuses heavily on the best interests of the child and maintaining ethical standards in adoption practices. Some key considerations include:
Parental rights: Louisiana adoption law emphasizes the need for the legal termination of parental rights. This is true for both domestic and international adoptions. The rights of birth parents must be legally terminated before the adoption process can proceed.
Consent: In most cases, consent from the birth parents is required for adoption. However, in cases of abandonment or parental rights termination, this requirement may not apply.
International adoptions are particularly careful in making sure that consent is obtained from the appropriate parties in the child’s home country.
Post-adoption contact: While Louisiana law generally does not mandate ongoing contact between the birth family and the adoptive family after adoption, it is important to understand the rules regarding post-adoption communication.
Legal Support for International Adoption
International adoption is a delicate process, requiring careful attention to both the law and the emotional well-being of the child. At Ivy L. Graham Attorney at Law L.L.C., we provide legal counsel to families seeking to adopt children internationally.
Our knowledge of Louisiana adoption law means that we can offer personalized guidance tailored to your unique circumstances.
We assist with all legal documentation and confirm compliance with both state and federal laws, providing valuable information about adoption processes and immigration requirements. From the initial paperwork to finalizing the adoption in a Louisiana court, we’re committed to supporting you at every stage of the journey.
The Finalization of Adoption in Louisiana
Once all adoption requirements are met, Louisiana courts play a crucial role in finalizing the adoption. The court will review all necessary documentation, including the home study, international adoption paperwork, and U.S. immigration records.
Following this, a final hearing is scheduled, where a judge will determine whether the adoption is in the best interests of the child. If all requirements are met, the judge will issue a final adoption decree, officially making the child a legal member of the adoptive family.
The finalization process in Louisiana may take several months, depending on the circumstances. However, it is a critical step in establishing the legal relationship between the child and their new parents. After finalization, the child becomes eligible for citizenship under U.S. immigration law and can receive a U.S. passport.
Contact Us for the First Steps
At Ivy L. Graham Attorney at Law L.L.C., we’re here to guide you through every legal requirement involved in adopting a child from another country. We’re proud to serve Denham Springs, Louisiana, and the surrounding areas of Livingston, Colyell, Holden, and Albany. Contact us to get started.