Adoptions

Determining that the Child is an "Orphan"

In order to qualify for an immigrant visa as an adopted child of an American citizen, the child must be under the age of 16 at the time of the filing of the I-600 and meet the definition of "orphan" in the U.S. Immigration and Nationality Act of 1952, as amended. The only exception to the age criterion is for a child under age 18 who otherwise meets the definition of orphan and who was/will be adopted together with a sibling who is under age16. 

Under this law, an "orphan" is a child who has no parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents. An orphan is also a child whose sole or surviving parent has forever and irrevocably released him or her for adoption and emigration because that parent cannot properly care for the child.

An "orphan" is a child who has no parents because of any combination of the following: 

The natural parent has died. In this case, the death certificate should be presented at the time of the immigrant visa interview.

The parent has been permanently deprived of his/her parental rights by court decree for cause and the child has become a ward of the State. The parent must have been properly notified and granted the opportunity to contest such action. In this case, the court record of the permanent termination of the parent's rights is required.

The parent abandoned or deserted the child. This means the parent has willfully forsaken all parental rights and claims to the child without transferring (or even intending to transfer) those rights to any specific person. The State has stepped in and assumed custody of the child (i.e.: placed the child in an orphanage.) In this case, the court record of the permanent termination of the parent's rights is required.

The parent has unaccountably or inexplicably disappeared, his/her whereabouts are unknown, there is no reasonable hope of his/her reappearance, and the appropriate local authorities have made a reasonable, but unsuccessful, effort to locate him/her. In this case, a copy of the court's determination that the parent cannot be located is required.

An "orphan" may also be a child who meets one of the following descriptions:

The child has only one surviving parent and no stepparents. This surviving parent is unable to provide care and support for the child according to local standards and has irrevocably and in writing relinquished his/her parental rights. In this case, court documents regarding relinquishment of the birth parent's rights are needed, as well as proof that the parent cannot give proper care for the child.

The child has a sole parent. The child was born out of wedlock, has no step-parents, has not been legitimated, and the natural father (a) is unknown, (b) has disappeared or abandoned the child (see above definitions), or (c) has in writing irrevocably renounced his parental rights and released the child for emigration and adoption. The natural mother is unable (i.e.: financially, emotionally, etc.) to provide proper care for the child. In this case, the following are required: legal documentation of the status of the father; evidence of the mother's inability to provide care, and court approval of her relinquishment of parental rights. (Please note: If the child has never been recognized by his/her biological father, the adopting parents must submit a court declaration stating that under local law, an unestablished biological father has no parental rights.)