International adoptions can present a number of complications, due to the variety of laws and regulations that govern the process. Adoption laws vary by country and even province, making adherence potentially tedious. 

In the U.S., the Immigration and Naturalization Services (INS) regulates the movement of non-US citizens across American boarders-this includes adopted children. Potential adoptive parents must complete a series of applications, background checks and extensive home study investigations before bringing a foreign child into the US. In Illinois, both INS and the Illinois Department of Children and Family Services must approve a child coming to the state. It is important that adoptive parents adhere to any adoption or residency laws of the child’s home country as well. To avoid potential complications with the adoption process, prospective parents frequently turn to a reputable adoption agency with experience working with INS and DCFS. 

After the international adoption process is complete, parents have the option of re-adoption in order to obtain a U.S. Record of Foreign Birth for the child (similar to a birth certificate), thereby eliminating bureaucratic matters that may arise during the child’s life. This process also ensures the termination of the birth parents’ parental rights. 

Adoptive parents wishing to obtain U.S. Record of Foreign Birth must provide the following to the State Registrar of Vital Records:

1. A petition for entry of a re-adoption decree
2. Evidence of the child’s birth date and place
3. A certified copy of the foreign adoption decree
4. A copy of the IR-3 visa
5. The name and address of the adoption agency that handled the adoption
6. $5 application fee

The average length of time for re-adoption proceedings is usually similar to that for a regular adoption – about seven to eight weeks. Parents who adhere to all U.S and foreign adoption laws and complete the re-adoption process promptly after bringing the child to the U.S. should be able to avoid additional home investigations following the adoption.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.