Can a US citizen adopt a child who is in the US illegally?

Adopting an Illegal Alien

Guardianship or adoption is only possible for a child who is under the age of 16-years when the action if filed. Before adoption is possible the child must have resides with the prospective parents for at least two years by order of the court or the permission of a jurisdictional government agency.

The best option is to consult with an attorney who is qualified in immigration law as to the possibility of adoption and/or the procedures required as they relate to the individual's circumstances.

Here is more input:

• Yes and no. I believe that you would have to deal with the bureaucracy of both countries (the U.S. and the child's home country) first. The USCIS may grant temporary anti-deportation protection for the child but do not count on it.

• It could be done under certain circumstances, but it would be a two-country "beaurocracy hell" in the beginning.

• It depends what country you want to adopt the child from and to be honest, it's all about money. If you have enough money to sway certain people in certain countries you can adopt as many children as you want. Moscow and Asian countries are difficult to adopt from, but money talks. There is a lot of red tape involved and also a lot of time involved. I suggest you speak to a lawyer and prepare yourself before you start any adoption process.

• Yes, if the child is residing in the U.S. he or she must be under the age of 16 and have no surviving parent or a single parent who has voluntarily relinquished parental rights. INA Section 101 (b)(1)(F), USC Section 1101(b)(1)(F).

• What papers do you file to sever rights to a child?
• I have a friend who wants us to adopt her baby when can she and her husband sign over their rights?
• If a birth mother is eighteen and the birth father twenty Can she give up her baby for adoption without him interfering?