Adopting a child from another country can bring a lot of joy, but there’s no denying it can also be a tough process. There’s a lot of red tape involved, and even if you’ve been through it before, the laws change regularly. An adoption attorney in San Antonio, TX can take you through all the legal steps to make sure everything goes smoothly.

What Are the Legal Steps for International Adoptions?

For an international adoption, there are federal requirements from the U.S. government, plus some state-specific parts, like home studies. International adoption is different from domestic adoption because you have to deal with immigration laws, foreign governments, and sometimes even international treaties. The U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS) handle most of the oversight on the American side.

For Texans, the Texas Department of Family and Protective Services (DFPS) or licensed agencies will usually be involved to do evaluations and offer post-adoption support. The whole process can take one to five years, with the average being three years, and all depending on the country you’re trying to adopt from, your precise situation, and a few other issues that can sometimes cause delays. 

Step 1: Decide If International Adoption Fits Your Situation

Before jumping in, be sure to carefully think about why you want to adopt from overseas. The most basic thing to consider is whether you’re prepared for a process that may take years, cost tens of thousands of dollars, and likely include some setbacks along the way.  

You also need to meet basic eligibility rules to start. You must be at least 21 years old, financially stable enough to support a child, and pass background checks. Single people can adopt from some countries but not others, and some countries may require you to be at least 25. Married couples need to adopt together, and both must agree on the adoption. Each country has specific rules, so be sure to talk with your lawyer about this. Bulgaria, for example, requires couples to have been married for 2 1/2 years and allows single women, but not single men, to adopt.

Health checks are part of it, too. You don’t have to be in perfect shape, but you need to show you can care for a child long-term. If you have other kids or pets, that’s usually fine, as long as your home is ready. Spend time researching. Read books, join support groups, or talk to families who’ve adopted. Websites like the U.S. State Department’s adoption page offer free info on getting started., and the Texas Adoption Resource Exchange can connect you with resources. 

Step 2: Choose the Country to Adopt From

Not every country allows adoptions to Americans, and rules vary widely. Some popular ones include China, Ukraine, Colombia, and India, but availability is always changing based on politics, health issues, or new laws. There are often new warnings from the State Department due to ongoing concerns in certain countries, so check for alerts.

A big factor is whether the country follows the Hague Adoption Convention. This is an international agreement that sets standards for adoptions to protect kids from trafficking. About 100 countries are part of it, including the U.S. If you pick a Hague country, the process is more standardized with extra safeguards. For non-Hague countries, it’s similar, but there might be fewer checks, and you use different USCIS forms.

To choose, look at the State Department’s country-specific pages. They list age limits for parents, how many kids you can have already, and wait times. Once you pick a country, you’ll need an adoption agency that’s licensed for that place.

3: Pick an Adoption Agency or Provider

You can’t do international adoption alone. You need a licensed agency, and you should always look for one that’s accredited by the Council on Accreditation or approved by the State Department and ask your attorney about it. The agency will handle a lot of the paperwork, match you with kids, and give you advice about foreign laws. Agencies charge fees for services, so compare a few. Ask about their experience with your chosen country, success rates, and the support they offer after adoption. Texas requires agencies to be licensed by the Residential Child Care Licensing (RCCL) division of the Department of Family and Protective Services.

Step 5: Get an Adoption Attorney in San Antonio, TX

In addition to an adoption agency, you also need a lawyer. An adoption service can help you arrange placement, but the adoption service cannot represent you before US Citizenship and Immigration Services (USCIS), nor can an agency actually advise you on the legal aspects of the US immigration process, though the agency can make you aware of the laws in the various countries you may wish to adopt from. You need an attorney to get proper legal advice and representation along the way.

Step 4: Complete a Home Study

The home study is a deep look at your life to make sure you’re ready to adopt. A social worker visits your home, interviews you, and checks your references to look at your finances, health, marriage (if applicable), and parenting plans. They’ll also do background checks of child abuse registries and through the FBI.

Step 5: Apply to USCIS for Eligibility

With your home study done, you’ll work with your lawyer to file with USCIS to prove you’re eligible to adopt. Getting approval here can take three to six months, and once you’re approved, you’re then cleared to proceed with the foreign side of things.

Step 6: Prepare and Submit Your Dossier

The dossier is a big packet of documents that you send on to the foreign country you hope to adopt from. It should include your home study, verification of your USCIS approval, birth and marriage certificates, financial statements, and letters of recommendation. Everything needs to be notarized, apostilled, and in some cases, also translated into the target language of the country you’re sending it to. Your agency helps assemble this, and, in Texas, the Secretary of State handles apostilles.

Step 8: Travel to the Child’s Country

Most countries require you to take at least one trip, and at this trip, you’ll likely to meet the child but also need to attend court hearings and complete paperwork, so it’s best to bring all documents and be ready for interviews. 

Step 9: Apply for the Child’s Visa and Bring Them Home

After the adoption, your next step will be to apply for the child’s U.S. visa at the American embassy in the country where you’re adopting from. This will require the child to have a medical exam and you to have an interview. Once you’re approved, you can bring the child to the U.S., and at entry they become a permanent resident. If the adoption was finalized abroad and both parents saw the child before, they get automatic citizenship. Otherwise, you finalize things here in Texas and apply for citizenship.

There’s a lot that goes into an international adoption, and we can help. Reach out to us now at the Aida Rojas Law Firm in San Antonio to set up a consultation, and we’ll help you move forward in this exciting chapter of your family’s life.