As adoption attorneys, we receive many questions from people looking to adopt children in the United States. Here are some which may be relevant to you:

1. I have been taking care of a child for some time. The parents are out of the picture. Can I adopt the child? 

Answer: It depends. If you are a relative of the child, you can adopt the child. If you are not related to the child, you can only adopt the child if (1) you either have consent of at least one parent, or (2) a guardianship has been in place for a year. You can loko at our guardianship article to learn more about guardianships. Parental rights are protected rights. They can only be ended by a petition to terminate parental rights, which is done either by the County or by an individual if they are a guardian, a stepparent, or a relative.

2. I want to adopt a niece or nephew who doesn't have green card but is in the US. Will doing so get the child a green card?

Answer: It depends again. If the child is from Korea, the child must be fully adopted before age 16 by a green card holder or citizen and the adopting individual must have legal and physical custody of the child for two years as adjudicated by a court. Other countries, it will depend on whether the country is a signatory of the Hague Convention for Adoption. While we conduct adoptions, it is a good idea to work with an immigration attorney to make sure the adoption will satisfy USCIS. 

3. How long does an adoption take?

Answer: An adoption will usually take at least 6 months, usually nine months to a year. This is because a completed home study is required before an adoption takes place.

4. How much does an adoption cost?

Legal fees will vary, but usually less than $5000. Home study fees depend on the type of adoption. A stepparent adoption a home study costs $700. A non-step parent adoption can cost up to $4500. Any adoption other than a stepparent adoption will be eligible for an adoption tax credit on your federal tax returns, currently over $13,000, and can be recouped over three years. So the adoption may end up not costing anything.

5. What is the advantage of adopting a child I have been taking care of like a parent?

You will have to answer this yourself, but the child will have a lot of advantages. 1. The child will have the stability of having a parent and they will know the difference whether you are legally a parent or not from seeing how schools and adults act. 2. If something happens to you, the child will be able to receive your estate if you die without a will, and your social security benefits. 3. There are many decisions and privileges that a parent has which a caretaker doesn't. Making medical decisions, enrolling in school, receiving government benefits, visiting in the hospital, having the authority to do things such as apply for a passport or travel abroad without a travel authorization. 

Tsong Law Group will be happy to answer your questions about adoption. 

562-274-7807

This article is for informational purposes only and does not constitute legal advice, or create an attorney-client relationship.