NEW US adoption regulations

Posted by namaste (92 days ago)

We got all the way through and into the matching panel when our social worker informed us of new US regulations which state that a US homestudy must be completed, prior to the child being placed in the home, if the child is to be brought back to the States before 18 years of age. These new regulations include child abuse certificates from each state AND country in which you've resided since you were 18 years old! This is presenting major complications as I worked an international model until I was 22 and lived all over the world and not in the US. Our helper also must have these docs from Saudi, Singapore and Indonesia. The social worker said that in some US states, you must apply in person in order to get these records. The records are only valid for 15 months and so if you aren't matched in that time, you have to reapply, refingerprint, etc... In addition, the child must have health insurance arranged prior to coming home, which includes acceptance of pre-existing conditions. An alternative guardian also must be designated, fingerprinted, have child abuse checks and be interviewed (in case we die). Remind me again of the benefits of being American? I am in a state of shock right as we were so close to being matched and now are so far.

(I am based in Hong Kong)

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Posted by tommytommy (92 days ago)

I have no comforting words. I wish I did. Like you, I am in complete shock that the US would do this. It is already such a long, involved process to adopt. To put yet more bureaucratic red tape in the way is disgusting.

Just a thought, if you are planning on being in Hong Kong for the next few years, have you considered going ahead with the adoption and worrying about this down the track. There would have to be someway around it or perhaps this ridiculous rule will change. I know its a big risk. But maybe one worth thinking about.

(I am based in Hong Kong)

Posted by namaste (92 days ago)

You can tell the US that you never plan to go back to get around it. Understandably, HK SWD won't permit an adoption to a US citizen without the US homestudy approval, with these new regs. This is understandable b/c it is unclear to the SWD whether or not this child would automatically become a US citizen at 18 years of age. Also, the ISS has told the SWD that the US Immigration will even be reluctant to issue visas to adopted children for visits when they are under 18. I can understand why the SWD wouldn't overstep the US regs b/c imagine the identity issues in an adopted child who is passportless in the adopted country. The child would really lack a true sense of belonging. We don't ever plan to go back, but there are always what if's and we are young and things can change.....

(I am based in Hong Kong)

Posted by cappucino (39 days ago)

I now find I am in the same situation, can you tell me what you have since learned? Are you working with an agency in the US? Many thanks for any help

(I am based in Hong Kong)

Posted by namaste (39 days ago)

I have since learned that many Americans in HK have withdrawn their pursuit of adoption, as we did. We were looking at a very specific age, 2-3 and a girl. The paperwork is only good for 15 months with the US Immigration, which would mean re-collecting the paperwork from various parts of the globe at least twice, and maybe three times as the SWD had told us there are a very limited number of girls that age available. I decided that I don't want my life to be hinging on this paperwork for the next few years and although it is a dream let-go, it's a huge relief to have made this decision. If we had applied to the SWD just 6 months earlier, we might have not come across this problem and the Immigration Dept in the US accepted the I-800 app without the new Hague interventions up until April of this year. What are you going to do and what have you learned so far?

(I am based in Hong Kong)