If you're living overseas and considering adopting a child, you may want to know how your location will affect the adoption process. Adoption will be more complicated when living overseas, but there are agencies and support groups to guide you through it. Many military families in the same situation successfully adopt every year. If the timing's right for you to grow your family, living overseas won't be a barrier to adoption. Taking time to research the process and finding support and encouragement from other adopting families can help prepare you for the experience. Some basic things to keep in mind as you get started are:
Choosing an agency
Your adoption agency will be an integral part of your journey. It's important to research and choose carefully so you have the best experience possible. Look for an agency with experience working with United States citizens living overseas, and find an agency willing to work with military families (some choose not to). The Child Welfare Information Gateway provides a national adoption directory and adoption assistance information by state. Consider these factors when evaluating an agency:
- Experience — It's important that your agency has experience working with military families living overseas. Ask for references, and follow up with the references to learn from their experiences.
- Licensing — U.S. citizens must work with an agency licensed in the U.S. The agency may also need to be accredited if you're adopting internationally from a Hague Convention country.
- Requirements — Some agencies requirements for adoptive families go beyond the state's legal requirements (or the country's, for international adoptions), such as requiring a particular religious affiliation or that you meet specific financial conditions. Be sure you understand the difference between agency requirements and legal requirements. If you don't meet the agency requirements, keep looking for an agency that's a better match with your family.
- Costs — Agency fees can vary, so be sure you understand what's covered and what isn't when comparing agencies. Ask for a breakdown of all costs up front to avoid surprises later on.
- Nonprofit status — The military adoption subsidy reimburses you for some adoption expenses if you use a state, nonprofit or other qualified agency. For more information, read about the Adoption Reimbursement Program.
If you're adopting a child from the U.S., you can use a public agency (such as an agency run by the state's department of social or human services) or an adoption attorney. Military families overseas may find it convenient to use an agency in the state where the child lives. You may also have to comply with laws in your state of legal residence.
Home study requirements
A home study is required for all domestic and international adoptions. Your home study should be conducted by a licensed social worker who meets the legal requirements of your adoption (state, U.S. Citizenship and Immigration Service or country). Before you hire a home study provider, be sure they can prepare the study to the required specifications. Your installation Military and Family Support Center may provide information and referrals for home study providers. It can also help to talk with other families who have gone through the home study process.
Several agencies and adoption professionals will conduct home studies for families living abroad. If you can't find a licensed home study provider, you may be able to hire one in the country where you live and have International Social Service certify the study.
Gathering required documents, such as certified copies of birth and marriage certificates, can be a challenge when living overseas. If your documents have to be notarized by the state, you may need to contact the issuing state or county to get them.
Domestic and foreign adoption
When a U.S. citizen adopts a child from the U.S., the adoption is subject to the laws of the state or states involved. State laws can be complicated, and you should have an experienced agency or adoption attorney to help you with the details.
- State regulations — Both the state where your adoptive child lives and the state of your legal residence may have a legal interest in the adoption, but you might be able to complete your adoption only in the state where the child lives. The process could be different in each state. In some cases, the adoption may be subject to the Interstate Compact on the Placement of Children.
Adopting a child from a foreign country is subject to the laws of your country of residence, the foreign country where you live, and USCIS policies. An adoption agency experienced with international adoptions can help you through the process.
- The Hague Convention — In 2008 the U.S. became a member of the Hague Convention, which regulates adoptions between participating countries to protect children and provide safeguards for adoptive parents. If you want to adopt from a Hague Convention country, you must follow convention rules, which include regulations for adoption agencies. If you're adopting from a non-Hague Convention country, you'll be subject to both the rules of that country and U.S. adoption laws. Procedures for Hague Convention adoptions, a list of participating countries and information on non-Hague Convention countries are available on the U.S. Department of State Intercountry Adoption website.
- U.S. Citizenship and Immigration Service paperwork — Parents adopting from Hague Convention countries must file form I-800A (Application for Determination of Suitability to Adopt from a Convention Country) if you haven't yet found a specific child you want to adopt; if you've found a child, you'll file form I-800 (Petition to Classify Convention Adoptee as an Immediate Relative). Parents adopting from non-Hague Convention countries will file either form I-600A (Application for Advance Processing of an Orphan Petition) or I-600 (Petition to Classify Orphan as an Immediate Relative). The appropriate form, your home study, other required documents (such as birth certificates), and a processing fee should be submitted together. Prospective parents must also submit fingerprints to a USCIS office before the form is processed. In some cases, military service members and their families may be fingerprinted at their installation's military law enforcement office. Visit the USCIS Adoption web page.
How does the process of naturalization work?
In most cases, internationally adopted children automatically become naturalized citizens when they enter the U.S., allowing parents to apply for a U.S. passport for the child. If you aren’t traveling to the U.S. before going back to your overseas installation, you can request naturalization from the USCIS. The program, known as Overseas Naturalization Eligibility for Certain Children of U.S. Armed Forces Members, is for children whose adoption was finalized in their foreign country. Submit an application (form N-600K) along with the following:
- A cover letter with the heading: 322(d): Child of Military Member Overseas, explaining that the child currently lives overseas and qualifies to naturalize, and including the full names of the child and parents, current overseas address and location of the USCIS office overseas most convenient to conduct the interview
- Adoption paperwork and birth certificate
- Proof of U.S. citizenship, which can include valid U.S. passport, birth certificate or Certificate of Naturalization
- Two identical passport-style photos
- A copy of your permanent change of station orders as proof of your residence abroad
- A fee per the instructions in form N-600K
Send the application to the USCIS overseas office closest to your installation, or to the USCIS Nebraska Service Center. For detailed information, visit the USCIS website and type "Overseas Naturalization Eligibility for Certain Children of U.S. Armed Forces Members" into the search field. Download the form by following the links under Adoption and Forms. Scroll down to the link to Form N-600K.
Adoption can be an emotional process with a challenging amount of information to wade through and absorb, but many military families adopt while living overseas each year. You can find support resources at each installation, or contact your Military and Family Support Center to find resources near you. The military adoption community is strong, and you'll be able to find the guidance and support you need.