Legal Question in Family Law in Massachusetts
Adopting a relative from haiti
Hello my parents are trying to adopt my cousin who lives in haiti, but we are not really sure how to go about it. His mother has passed on, his father is sick and is unable to take care of him, and cant afford to send him to school. My parents want to adopt him and send him to school in the united states, but we dont know were to start. How do we go about adopting him. They want to do it as soon as possible so he can get into school.
2 Answers from Attorneys
Re: Adopting a relative from haiti
You cannot adopt a person in Massachusetts (or any other state) unless that person and the parent(s) are in Massachusetts and submit to the jurisdiction of a Massachusetts Court. You will have to go to Haiti to have the adoption done there.
I am assuming that the child to be adopted is a minor.
It may make more sense to have the father sign an agreement giving physical custody to you and giving you a durable power of attorney (drawn up by a Haitian lawyer) to make all medical, educational and other decisions for the child. The Haitian lawyer and a MA lawyer should collaborate so that the documents satisfy the requirements of both Massachusetts and Haiti. You will also need to check with an immigration lawyer, since the rules are a lot more complicated since 9/11 for foreigners coming to this country.
Re: Adopting a relative from haiti
First, it must be determined that your parents are eligible to file an orphan petition with the Citizenship and Immigration Services and that the child qualifies within the definition of "Orphan" established by C.I.S. After that, assuming that all requirements are met, your parents must file a petition with C.I.S.
Feel free to contact me if you have any further questions.
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