Legal Question in Family Law in California

International Adoption vs. American Adoption

My husband and I want to adopt his cousin's son. My husband and his ex-wife have been raising him as their own. The divorce brought up the guardianship issue. They both applied. The boy's mother lives in Mexico and cannot provide for the child. She gave my husband permission to be his guardian (on paper). The boy is an illegal alien here in the United States. My husband's ex-wife has guardianship of the boy. The court ordered this guardianship to the ex-wife because my husband's INS paperwork was not complete. We are now married and his paperwork is in the system. This will not be a problem in 30 days. His biological mother wants us to adopt him. He is resides with the ex-wife. I have hired 3 different attorneys and have gotten nowhere. My husband and I want to adopt with child. Does the child need to go back to Mexico or can we do this here


Asked on 3/26/01, 9:58 pm

1 Answer from Attorneys
John A. Giffen Law Offices of John A. Giffen

Re: International Adoption vs. American Adoption

I need additional information to reply to this question. Is the ex wife a California resident?. How old is the child. Are you a U.S. citizen and California resident? Is your husband legally in the U.S.? How long has he been in the U.S. If the child is under 16 and residing in California he can be adopted by you (and your husband) assuming you are a U.S. Citizen. The child would then become a citizen of the U.S. by virtue of the adoption decree. If he is not in the U.S. then you will have to go through INS to get him into the states to allow the adoption. Please call me or email with the additional information.

John A. Giffen

Adoption Attorney

(661) 257-3725

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Answered on 5/31/01, 2:23 pm


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