The process of adopting a child from a foreign country is far more complicated than adopting a child who
is a United States citizen. Prospective parents who wish to adopt a foreign child must comply with the laws of the child's
home country, the laws of the United States, and the laws of the prospective parents' state of residence. Due to the legal
complications inherent in international adoptions, persons who wish to adopt a foreign child should consult an experienced
attorney or an adoption agency that specializes in international adoptions.
Exclusive Jurisdiction of
Original State Under UIFSA
Under the Uniform Interstate Family Support Act (UIFSA), there is only one controlling support order even
when multiple states are involved in enforcing it. Once a support order is established, the issuing state has continuing,
exclusive jurisdiction to modify that order. The issuing state retains exclusive jurisdiction to modify, upon proper petition,
so long as one of the individual parties or the child continue to reside in that state. Modification jurisdiction may be sought
in child support cases only when all individual parties and the child have left the issuing state or when the parties have
agreed in writing for another state to exercise jurisdiction.
International Adoption - Advance Processing
The United States Bureau of Citizenship and Immigration Services (USCIS) recommends that all prospective
parents file an application for "Advance Processing" before they identify a foreign child to adopt. Advance Processing is
a procedure whereby the USCIS pre-approves the prospective parents' application to adopt a child.
Incestuous
Marriages
An incestuous marriage is a marriage between close family members. The validity of an incestuous marriage
depends on the law of the state where the parties intend to reside. In the state where the incestuous marriage is regarded
as a crime, the incestuous marriage is not accepted for immigration purposes even if the marriage was legally contracted somewhere
else.
Overview of a Putative Father
A putative father is an alleged father or a father out of wedlock. The putative father typically claims
that he is the biological father of the child even though the mother failed to recognize his identity on the child's birth
certificate.
