How do I adopt a child from another country and how does the Hague Treaty apply?
Some countries, such as Russia and China, permit United States citizens to formally adopt a child in their country, while others, such as Korea, do not, but only permit guardianship to the adopting parents or their sponsoring adoption agency. Some countries, such as Guatemala, permit adoption by proxy but federal law requires re-adoption in the adoptive parents home state. I always advise my clients who have adopted a child from another country to readopt their child in their home state. This protects you and the child from any possible retroactive changes in the law of your child’s country of origin which might affect the finality of your child’s adoption in any way. It also enables you, if you are a Massachusetts resident, to obtain a Massachusetts birth certificate for your child once she/he has been readopted in your county of residence. Your attorney can also advise you with regard to adoption-related immigration and citizenship questions, as well as the applicability of The Hague
