Adopting While Living Overseas as a Military Family

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Adopting a child is exciting -- and sometimes difficult. If you live overseas, the process can become even more complicated. But adopting a child while you're stationed overseas is possible and many families complete the process every year. Fortunately, there are agencies and support groups that can help guide you through it.

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Steps to adoption

Whether you choose domestic or international adoption, the process will be a little more complicated because you live overseas. You'll want to find an agency and a home study provider experienced in working with families living overseas.

• Choosing an agency. Some agencies shy away from working with military families, while others embrace the opportunity. You'll want to find an adoption agency with experience working with U.S. citizens living overseas. Adoptive Families magazine ( www.adoptivefamilies.com) maintains a comprehensive listing of both domestic and international agencies. Here are a few things to consider when choosing an agency:
• Experience. Does the agency have experience working with military families living overseas? Ask for references and call the references to discuss their experiences.
• Licensing. Is the agency licensed in the U.S.? As a U.S. citizen, you'll need to work with an agency that is licensed in the U.S. The agency may need to be accredited if you are adopting internationally from a Hague Convention country.
• Requirements. Some agencies have requirements for their adoptive families that go beyond the legal requirements of the state (or country, for international adoptions). For example, some may require that you have a particular religious affiliation or meet certain financial conditions. When talking with an agency, make sure that you understand the difference between the agency's requirements and the legal requirements. If you don't meet the agency's requirements, find an agency that can meet your needs more easily.
• Costs. Fees can vary widely from agency to agency. Make sure you understand what is covered -- and what is not -- when you compare agencies.
• Nonprofit status. The military adoption subsidy, a financial reimbursement per child for certain adoption expenses, is available if you use a state, nonprofit, or other qualified agency. For more information, read the DoD Adoption Reimbursement Policy at www.dtic.mil/whs/directives/corres/pdf/134109p.pdf.
• If you are adopting a child from the U.S., you may use a state or 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 helpful to choose an agency in the state with jurisdiction over the child. State laws vary, and you may find you also have to comply with the laws in your state of legal residence.
• Completing a home study. A home study is required for all adoptions, domestic or international. Your home study should be prepared by a licensed social worker who meets the legal requirements (state, U.S. Citizenship and Immigration Service, or country) of your adoption. Before you contract the services of a home study preparer, make sure they can prepare the home study to the specifications required. Your installation's Family Support Center may be able to provide information and referrals for home study providers.

Several agencies and adoption professionals prepare home studies for families living abroad. If you can't find a licensed home study provider, you may be able to contract with a home study preparer in your country of residence and have the study certified by International Social Service at www.iss-usa.org. The following Web sites may help you find a home study provider:

• For a listing of agencies that provide home studies for families living abroad, visit the KMC Adoption Support Group at www.usadopteurope.com(follow the links for home study providers). The listing includes providers in both Europe and Japan.
• For families living in Japan, visit the International Mental Health Professionals Japan Web site at www.imhpj.org(this site can be searched by location and area of expertise).
• Documentation. Getting your hands on the necessary documents, such as certified copies of birth certificates and marriage certificates, can be difficult when you live overseas. If your documents must be notarized from the state, you may need to contact the issuing state or county to get the required documents. VitalChek Network, Inc. at www.vitalchek.com can mail you copies of these documents. If you use a documentation agency, such as VitalChek, make sure the copies they provide will meet your requirements.

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Domestic adoption

When a U.S. citizen adopts a child from the U.S., the adoption is subject to the laws of the interested state or states. However, state laws are complicated and you will need an experienced agency or adoption attorney to help work out the details.

• State regulations. Both the state in which the adoptive child lives and the state of your legal residence may have an interest in the adoption. You may be able to complete your adoption in just one state -- the state with jurisdiction over the child. Because state laws vary, each situation is different. In some cases, the adoption may be subject to the Interstate Compact on the Placement of Children (ICPC).
• Interstate Compact on the Placement of Children. The ICPC regulates the placement of a child from one state to another. In most cases, the state in which the child lives will contact the ICPC for guidance on placing a child with a U.S. citizen residing abroad. For more information, including contact information for state offices, visit the Association of Administrators of the Interstate Compact on the Placement of Children's Web site at icpc.aphsa.org.

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Foreign adoption

When you adopt a child from a foreign country, the adoption is subject to the laws of your country of residence, the foreign country, and the policies of the U.S. Citizenship and Immigration Services (USCIS). Because international adoptions are so complicated, most families use an experienced adoption agency to walk them through the process.

• The Hague Convention. In 2008 the U.S. became a member of the Hague Convention, which regulates adoptions between participating countries. If you choose to adopt from another Hague Convention country, you must follow the Convention rules, which include regulations for agencies handling adoptions. The Hague Convention is designed to protect the children, as well as provide safeguards for adoptive parents. The procedures for Hague Convention adoptions, including a list of participating countries, can be found on the U.S. Department of State Web site ( www.adoption.state.gov).

If you are adopting from a country that is not a party to the Hague convention, you will be subject to the rules of the foreign country, along with U.S. adoption laws. Information on countries not a party to the Hague Convention is also available at the U.S. Department of State Web site ( www.adoption.state.gov).

• USCIS paperwork. Parents adopting from Hague Convention countries must file form I-800A (Application for Determination of Suitability to Adopt from a Convention Country), if the child has not been identified. Parents who have identified a child from a Hague Convention country will file form I-800 (Petition to Classify Convention Adoptee as an Immediate Relative). Parents adopting from countries not a party to the Hague Convention will file either form I-600A or I-600.

The form should be submitted, along with your home study, other required documents (such as birth certificates), and a processing fee. Prospective parents must 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. Check with your adoption agency for current fingerprint procedures. For more information on specific USCIS requirements, visit their site at www.uscis.gov and follow the links under "Adoption."

• Naturalization. In most cases, internationally adopted children automatically become naturalized citizens when they enter the U.S. This process allows the parents to apply for a U.S. passport for the child. If you are not traveling to the U.S. before traveling back to your overseas installation, you may request naturalization from the USCIS. The program, known as "Overseas Naturalization Eligibility for Certain Children of U.S. Armed Forces Members," is available to children whose adoption was finalized in their foreign country. You will submit an application, form N-600-K, along with:
• A cover letter with the heading "322(d): Child of Military Member Overseas" explaining that the child currently lives overseas and qualifies to naturalize. You should include the full name of the child, the parents, and the current overseas address. Also include the location of the USCIS office overseas most convenient to conduct the interview.
• Adoption paperwork and birth certificate.
• The parent or parents should provide proof of U.S. citizenship, which can include valid U.S. passport, birth certificate, or Certificate of Naturalization.
• Two identical passport-style photos.
• Copy of your PCS orders as proof of your residence abroad.
• A fee of $420.
• Send to the USCIS overseas office with jurisdiction over the child's overseas residence or the USCIS Nebraska Service Center.

Send the application to the USCIS overseas office closest to your installation or the USCIS Nebraska Service Center. To download the form and find more information, including details on eligibility and current fees, visit the USCIS site at www.uscis.gov and follow the links under "Adoption" and "Forms." Scroll down to the link to Form N-600K.

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Other resources

Adoption support groups

groups.yahoo.com

There are several adoption support groups, including groups for U.S. citizens living abroad and groups for military families living in Europe and Asia.

DoD Adoption Reimbursement Policy

www.dtic.mil/whs/directives/corres/pdf/134109p.pdf

The latest DoD policy on adoption reimbursement, including definitions and procedures for reimbursement.

KMC Adoption Support Group (Europe)

www.usadopteurope.com

Group meets regularly and has an informative Web site, including referrals to agencies and other adoption professionals.

National Military Family Association

www.nmfa.org

Follow the link under "Adoption" for more sites with helpful information for military families thinking about adoption.

U.S. State Department

www.adoption.state.gov

The site has information on Hague Convention rules, regulations for countries not part of the Hague Convention, and an informational listing on adoption laws in more than 60 different foreign countries.

Your military support services

Each service branch sponsors information and support programs for service members and their families. You can call or visit any installation Army Community Service Center, Marine Corps Community Services, Fleet and Family Support Center, or Airman and Family Readiness Center regardless of your branch affiliation.

If you aren't near an installation, National Guard Family Assistance Centers are available in every state. The Local Community Resource Finder on the National Guard Family Program at www.guardfamily.org will identify your closest center.

Military OneSource

This free 24-hour service is available to all active duty, Guard, and Reserve members (regardless of activation status) and their families. Consultants provide information and make referrals on a wide range of issues, including adoption. Free face-to-face counseling sessions (and their equivalent by phone or online) are also available. Call 1-800-342-9647 or go to www.MilitaryOneSource.com to learn more.

Written with the assistance of the Kaiserslautern (Germany) Adoption Support Group Volunteers and Randy Barlow, MA, MSW, Adoption Social Worker.

© 2006, 2010 Ceridian Corporation, MilitaryOneSource. All rights reserved. 022410

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