Adoption of my step daughter

[jemmyell]

Hi,

This is a request for personal experience information about adoption of a step child. My step daughter is 17, and will be 18 next November.

Does she have to be a LPR before I can start the adoption process?

Will I need to use an attorney? Any web links to the filing process?

It is my understanding that she will become a citizen automatically but we need to request a certificate?

We were married January 8 and are now filing AOS since we have received the official marriage certificate. My SO and her daughter hope to return to China next summer, should we attempt to file for adoption there? Would I have to be present in China for the filing if we do that?

-James and Loving Candle

[LeeFisher3]

This may help concerning China:

China Adoption Law

Article 14 A stepfather or stepmother may, with the consent of the father or mother of a child, adopt the child as his or her stepson or stepdaughter, and may be subject to no restrictions specified in Item (3), Article 4; Item (3), Article 5 and Article 6 of this Law, nor the restrictions that the adoptee shall be under the age of 14 and that only one child may be adopted.

 

Most state laws have a provision that if the child is a foreign national that the adoption must meet with the foreign countries laws. With Kansas it is unclear as to whether the adoption must be done in the foreign country or not, not sure how your state law applies.

[jemmyell]

I just spoke to a para legal and she said my step daughter (17 years old, will be 18 in November) is already too old to gain citizenship by adoption. Does she know what she is talking about? Anybody have any experience with a step child older than 16?

 

-James

[Guest Duke]

I just spoke to a para legal and she said my step daughter (17 years old, will be 18 in November) is already too old to gain citizenship by adoption. Does she know what she is talking about? Anybody have any experience with a step child older than 16?

 

-James

 

I googled "citizenship by adoption" and found this.

 

http://www.hooyou.com/adoption/citizenship.html

 

In short, to gain citizenship by adoption both the adoption and AOS must be complete before the 18 birthday.

Edited February 15, 2007 by Duke (see edit history)