| 1. | What is adoption? |
| | | | | Adoption is defined as the permanent legal transfer of parenting rights and responsibilities from one family to another. |
| 2. | How are children adopted? | | | |
| | There are several different types of adoptions: | | | | | |
Public: Children in the public child welfare system who are placed in permanent homes by public, government operated agencies or by contracted private agencies | | | |
| | Private agency: Children are placed in non relative homes through the services of a licensed (non profit or for profit) agency | | | |
| | Independent: Children are placed in relatives’ and non-relative homes directly by the birth parents or through the services of either a medical doctor, a member of the clergy, an attorney, or a licensed or unlicensed facilitator |
| | | | | Kinship: Children are placed in relatives’ homes, with or without the services of a public agency |
| | | | | Stepparent: Children are adopted by the spouse of one birth parent |
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| 3. | Who is considered an orphan? |
| | | | | Under U.S. immigration law, a foreign born child is an orphan if: |
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The child does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents |  |
| | The child’s sole or surviving parent is not able to take proper care of the child and has, in writing, irrevocably released the child for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before the child’s 16th birthday |
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Note: An orphan petition may be filed before the child’s 18th birthday, if the child is a natural sibling of an orphan or adopted child, and is adopted with or after that child, by the same adoptive parents. |
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