International adoption has become more difficult, more complicated, and more expensive over the years. It’s not surprising that the number of international adoptions has fallen. Until now, the barriers to international adoption have generally been set by other nations. The Hague Convention regulated international adoptions and prioritzed domestic adoptions. Several countries have banned foreign adoptions, including China, Ethiopia, Russia, and Guatemala, while many more have restricted foreign adoptions or plan to end or restrict them. Now, U.S. regulations are making international adoption even more complicated with travel bans.
How are travel bans connected with adoption?
They really aren’t connected. However, previous travel bans had exceptions for adoptions. Current travel bans don’t have these exemptions. Now, U.S. citizens can apply for exemptions on a case-by-case basis — a level of uncertainty that should make would-be adotpive parents think twice.
Travel bans are laws limiting entry to the U.S. for people coming from specific places. Right now, there are at least some restrictions on 39 countries — about 20% of all the countries in the world. The nations in question:
- Afghanistan
- Angola
- Antigua and Barbuda
- Benin
- Burkina Faso
- Burundi
- Chad
- Cote d’Ivoire
- Cuba
- Dominica
- Equatorial Guinea
- Eritrea
- Gabon
- Gambia
- Haiti
- Iran
- Laos
- Libya
- Malawi
- Mali
- Mauritania
- Myanmar
- Niger
- Nigeria
- Republic of the Congo
- Senegal
- Sierra Leone
- Somalia
- South Sudan
- Sudan
- Syria
- Tanzania
- Togo
- Tonga
- Turkmenistan
- Venezuela
- Yemen
- Zambia
- Zimbabwe
How do travel bans affect adoptions?
Without the formerly usual blanket exemption for adopted children and the previous automatic permission for U.S. citizens to bring a new spouse or child into the country on a temporary immigrant visa, a child born in another country may not be able to enter the United States. In the past, a fiancé of a U.S. citizen or a child in the process of being adopted could enter on a special visa and then begin the process of naturalization in the United States.
The new travel ban has ended this option. Now the decision must be made on a case-by-case basis, with possible long waiting times for decisions.
What’s the solution?
If you have been thinking about an international adoption, you may want to rethink that iudea. Realisitically, it is not a good time to attempt an international adoption. In the past, wuld-be adoptive parents often thought that an international adoption would be faster and less expensive than a domestic adoption. That is no longer the case.
If you’d like to discuss domestic adoption, call Heimer Law at (479) 225.9725 or use our simple form to get in touch. We offer a free consultation.
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