Well we finally have it! USCIS has issued its interim guidance on the UAA. Let’s get right down to the nitty gritty- what’s going to happen to adoptions from Pakistan, Syria, Iraq, Egypt?

 

Here is is from the horse’s mouth:

 

“Petitioners may still act on their own behalf in their own adoption case if

permitted under the laws of the state in which they reside and the laws of the

country from which they seek to adopt. Although petitioners do not need

accreditation or approval to act on their own behalf, their actions need to comply

with applicable law, and petitioners will still need to engage an accredited agency

or approved person to act as the primary provider in their case. A primary

provider helps to ensure that orphan adoption services are provided with the

same standards of practice and ethical conduct as Hague Adoption Convention

cases.”

 

Read it again- Petitioner’s may act on their own behalf!! This means that those of you who are adopting from Edhi, Imkaan, SOS, or from the multitudes of orphanages in Egypt, Iran and Afghanistan do not need Primary Service Providers to supervise your adoption services overseas- proceed as you would have done before the UAA. Nor do those of you who are adopting babies who were found in trash cans, outside of mosques, on the street or left in hospitals. And finally, those of you adopting relatives may also continue to act on our own behalf.

Does this mean an adoption free for all? No!  You must still show compliance with the laws of the foreign county. How is this different from before? It’s not! As I have been explaining for years, you must comply with three sets of laws to bring a child home to the US- whether you know it or not. 1. The laws of your home state (you have to have a home study and background checks) 2. The laws of the foreign country (you have to get a guardianship order. You can’t steal, buy or lie about where the child comes from) 3. The US immigration laws (You have to prove the child is an orphan.)

Also, you still need an accredited provider to act as the primary provider but the primary provider is not responsible for what happens overseas nor do they need to supervise or have agreements with the foreign entities.

Finally note- carefully drafted court orders are not optional!!

More to come…..Happy 4th of July!!