Adoption process for a family member

Asked over 4 years ago - San Diego, CA


I am a U.S. citizen who would like to adopt my nephiew who lives in Brazil. How is the process, what do I need to do?

Attorney answers (2)

  1. Stephanie Farr White

    Contributor Level 14

    Answered . Family member international adoptions are in theory easier than non-relative adoptions. From the US side, you will need to contact CIS to get paperwork going on a visa for the child. The adoption will need to be handled in Brazil (unless the country allows citizens to be adopted after leaving the country), so you will most likely have to handle the actual adoption in Brazil with an attorney and/or adoption agency there. Once here, again depending on the degree of finality had in Brazil, you may need to "re-adopt" -- which is somewhat less complicated than an actual adoption but will cost roughly $4,500 -- if you do it alone.

    Stephanie White
    Simi Valley, CA

    DISCLAIMER: The above is not legal advice nor does it establish an attorney-client relationship with the person posting the question or any person reading the above. There is no attorney-client relationship between any reader and this writer or her firm. These comments are not subject to any privilege protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing.

    The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

  2. Christianna J. Lyford

    Contributor Level 10

    Answered . Brazil is a party to the Hague Convention on Intercountry Adoption. Therefore, you will need to comply with the Convention requirements and U.S. law regarding the Convention. You should start by reviewing the Department of State website regarding the Convention and adoption from Brazil.

    C.J. Lyford, Esq.

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