Lauren M. Phelps Attorney at Law

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International Adoption - Requirements for Adoptive Parents

Who may adopt a child from a foreign country?

Under United States law, a married U.S. citizen and his spouse may adopt a child from a foreign country. If the spouse is not a U.S. citizen, the spouse must be a legal immigrant in the U.S. An unmarried person may adopt a child from a foreign country if the person is at least 25 years old.

Who may not adopt a child from a foreign country?

The following persons may not adopt a child from a foreign country:

* An unmarried U.S. citizen under the age of 25;

* An individual residing lawfully in the U.S. who is not a U.S. citizen;

* A married couple residing lawfully in the U.S., neither of whom is a U.S. citizen;

* An individual or couple without lawful immigration status in the U.S;

* A U.S. citizen who is married but separated from a spouse, unless the spouse joins in the adoption.

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