Attorney Michele Jackson, who chairs the Adoption Practice Group of Harden Jackson Law, is featured in this month's Hamilton County Family magazine. The article is titled "The Adoption Option" and discusses the process of adoption.

Jackson is a founding member of Harden Jackson where she offers numerous legal services for domestic and international adoptions including private and agency adoptions, step-parent adoptions, second parent adoptions, and surrogacy contracts. In addition, Jackson is also the founder of MLJ Adoptions, an international adoption agency based in Indianapolis.

See below to read the article

Are you considering international adoption? Have you adopted internationally in the past? If so, you may be well aware of some of the problems listed below when filing for your Orphan Visa. Sometimes, this can be a very disheartening process for intended parents as this is one of the final steps before bringing the child home.

You have your foreign Decree for your International adoption and you now have filed your I-600 - Application for Orphan Visa (I-R3 and I-R4). This is for all Non-Hague countries Orphan Visas; however, if you are adopting from a Hague Country the process is similar but does have some differences, specifically the reasons for problems in the Hague Orphan Visa process. For general information about the I-600/I-600A process, please see U.S. Citizenship and Immigration Services

Over the past ten years in international adoption and most specifically in the past 4 years, we have seen higher scrutiny given to the examination of the Orphan Visa applications. I believe the increased scrutiny is a result of the following:
1. Corruption in the international adoption process;
2. U.S. State Departments desire to streamline international adoptions into Hague and agency only adoptions to avoid corruption; and
3. Overall political shirt to scrutinizing immigration and therefore, increased desire to limit immigration into the U.S.

There are two ways in which you may file your I-600: Filing in the U.S. at the National Benefits' Center - NBC - (Department of Homeland Security/United State's Citizenship and Immigration Services) or in country (this may be at USCIS foreign office within an Embassy or with a U.S. State Department officer who are also given authority to review I-600 applications). The following will be the results of your filing:
1. Approval (if received by NBC) this is still only a pre-approval.
2. Request for Additional Evidence (RFE) - This means that the officer reviewing your application wants additional information to be able to make a determination. This can be used for various reasons and often does not mean that there are any problems in your case, but merely a desire for additional documents.
3. Notice of Intent to Deny (NOID) - This means that the officer reviewing your case did not deny your case but intends to do so. The NOID will give you time to respond and provide information so that the officer will not Deny. You will be given reasons in which the officer feels that a Denial is appropriate and therefore, you can respond accordingly. The intended parents or an attorney they retain can provide the response to a NOID.
4. Notice of Intend to Revoke (NOIR) - This is often used with the NBC already provided an approval and when documents were reviewed and the investigation was performed in the foreign country, the reviewing officer in the country determined that a Visa could not be issued and therefore, gave intended parents a Notice that they intend to revoke the approval for an Orphan Visa.
5. Orphan Visa Denial - Upon review of the I-600 and accompanying documents and the 604 Investigation in country (and potentially additional documents provided after a RFE, NOID, NOIR), the intended parents receive a denial. Denials can be appealed; however, the appeal decision is full and final with no additional options or remedies for the intended parents (however, other immigration options may be available, so please seek the advice of an attorney). All appeals are completed at USCIS Office of Appeals in Washington, D.C.
The following reasons I have observed as the most common for RFE, NOID, NOIRs and Denials:
1. Petitioners (intended adoptive parents) do not meet financial guidelines. A Petitioner may have received an initial approval of their I-600A Advanced Processing of the Orphan Visa; however, finances may have changed or ways in which finances were reported changed and therefore, the Petitioners are not deemed to qualify upon the filing of their I-600. Often a Petitioner can include a co-sponsor for the child and then qualify (co-sponsors can be anyone that agrees to be financially responsible for the child until the adoption in the U.S. is fully recognized and child becomes a U.S. citizen).
2. Child does not qualify as an orphan. This is the most disheartening problem as often the child' qualified per the foreign laws BUT do not qualify per U.S. immigration laws and therefore, the parents that have completed the entire adoption cannot obtain permission for the child to immigrate into the U.S. This problem has increased with the increase of independent international adoptions and higher scrutiny of the orphan visa. U.S. has very complicated and specific laws on the qualifications of an orphan. The mere reading of the qualifications will likely not be sufficient for a determination for most parents as there is additional case law that accompanies the interpretation of the laws as well.
3. Information in documentation is not consistent (dates/names/descriptions).
4. Adoption process was not done properly. This could include anything from corruption to using the wrong judicial system.

What can you do? Most importantly, if you are adopting internationally, you should always work with a licensed adoption agency or an experienced adoption attorney. These professionals can assist you with the entire process and hopefully can prepare you for issues or even help prevent issues in bringing your child home.

Do you have questions about international adoption or help with orphan visa appeals? Contact Michele Jackson at Harden Jackson Law. Our Adoption Practice Group can assist clients in a number of domestic and international matters.

Attorney, Michele Jackson, a founder of HARDEN JACKSON, LLC where she serves as Chair of the Adoption & Reproductive Law Practice Group and concentrates her law practice in adoption, surrogacy, and international family law gives information about the different ways to adopt and considerations for each type.
There are several types of adoption that you may want to consider. The following is general information about adoption that may assist you making a decision regarding whether or not to pursue an adoption for your family.

Domestic Agency Adoption:

1. Agency finds birth mother and matches you with her.
2. Agency assist in counseling and preparations for the adoption.
3. You will need an adoption attorney to assist you with the legal aspects of the adoption.
4. Generally you have a relationship prior to adoption and possibly post adoption with the birth mother/family.
5. You generally have good social and medical history on the child.
6. Birth mother can only consent to adoption post birth and her consent is vital for the success of the adoption.
7. Cost is between $20,000-40,000 all expenses.

Foster-to-Adopt:

1. Child is a ward of the state and the state must qualify you to adopt and match you to child.
2. Child has been a victim of abuse or neglect.
3. There is typically some type of contact with biological family pre-adoption and possibly post-adoption.
4. Child may not be an infant.
5. Child may not qualify for adoption and be reunited with their birth family, depending upon when in the process you decide to be involved.
6. You generally have good social and medical history on the child.
7. Cost is minimal and there could be subsidies to assist with any of the costs.

Private Domestic Adoption:

1. You have found your own birth mother.
2. You need an adoption attorney to complete your adoption.
3. Contact with the birth family may happen pre-adoption and post-adoption.
4. You generally have good social and medical history on the child.
5. Cost is between $5,000-16,000.

International Adoption:

1. Your agency matches you with a child in another country.
2. You need an agency to complete your adoption (which includes legal services of an attorney).
3. You have little to no contact with birth family.
4. Country qualifications and requirements must be met for adoption to be completed.
5. You may know little to no information regarding social and medical history of the child.
6. Cost is between $25,000-40,000.

Costs are typical and not specific to your agency or adoption. In addition, this is general information and should be considered legal advice or specific to your situation. It is important to know that an adoption should always be completed in Court and you should not assume you have adopted your child without a Decree of Adoption from a Court. I highly recommend using an experienced adoption agency and adoption attorney.

Find out more about Harden Jackson Law's adoption services here.

At Harden Jackson LLC, our practice is devoted to servicing clients throughout the Indianapolis area and the state of Indiana in all areas of family law, including divorce, custody, child support, property division, adoption and surrogacy.

Press Contact:
Leah Potter
HARDEN JACKSON LLC
11450 N. Meridian, Carmel, IN 46032
Phone: 317.569.0770
Email: lpotter@hardenjacksonlaw.com
Web site: www.hardenjacksonlaw.com

For Immediate Release

Putin signs law banning American adoptions from Russia

CARMEL, IN - December 28, 2012 - Russian President Vladimir Putin has signed a measure into law that would ban Americans from adopting Russian children. Russia's parliament had overwhelmingly approved the ban, which was designed as retaliation for a new U.S. law that sanctions Russian officials accused of human rights violations. The law, which has ignited outrage among Russian liberals and children's rights advocates, enters into force on Jan. 1 and is likely to strain U.S.-Russia relations.

As well as banning U.S. adoptions, it will also outlaw some non-governmental organizations that receive U.S. funding and impose a visa ban and asset freeze on Americans accused of violating the rights of Russians abroad.

This retaliation against the United States could have devastating effects on Russia's orphaned children. Russia has more orphans per capita than any nation in the world - an estimated 650,000 orphans. Of that total, 110,000 lived in state institutions in 2011, according to the Ministry of Science and Education. While international adoption is not the solution for all of these children, for some, it is their only hope for a family. In the past 10 years, U.S. citizens have adopted over 35,000 Russian children and have given them a permanent, loving family.

"There are an estimated 1,500 American families currently in the process of adopting from Russia, and 46 Russian children have been matched with those U.S. families. For these families this news is devastating, and they are just the first to suffer." Michele Jackson, the founding Executive Director of MLJ Adoptions, Inc. and a founding partner of HARDEN JACKSON, LLC where she concentrates in International Adoption points out, "Thousands of Russian children in need of families have now lost hope for the permanent and loving home that each child deserves."

Ms. Jackson goes on to say, "Many prospective adoptive parents will now look to other more stable Eastern European country options, like Bulgaria. Bulgaria is an option for these families who are interested in adoption from Russia, as it is a more stable option. Bulgaria is a Hague Convention country, and therefore has additional safeguards in place requiring that the country looks to the best interests of children."

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As the holidays are fast approaching, you may be looking for that perfect gift for the loved ones in your life. Whether you celebrate Christmas, Hanukkah, or Kwanzaa, December is typically a time for giving.

Moms or even moms-to-be can be particularly difficult to buy for. Below are a few ideas specifically for adoptive moms that have already adopted, intended mothers that may want to adopt or are in the process of adopting.

Jewelry- while always a great gift for any women, there are a few items out there specifically for adoptive mothers.

• At www.helpusadopt.org they have a variety of necklaces and bracelets to signify everlasting love and the dream of parenthood through adoption. Even more importantly, this organization exists as a financial assistance grant program providing qualified couples and individuals with grants of up to $15,000 towards their domestic, international, foster, or special needs adoption expenses.

• This unique personalized locket necklace has a cut out of the child's country and a personalized saying behind the cut out. One of the common phases selected is "I searched the world for you."

Apparel

• "Adopt Globally, Love Locally" apparel by MLJ Adoptions. A great way to spread the word about Adoption.

There are many gift options for moms, but a gift to benefit adoption may be extra special for the adoptive (or soon-to-be) mother in your life.

A picture is worth 1000 words? These two photos tell a story about an adoption journey.

In the first picture, beautiful baby Alyssa is sick and malnourished.

After Alyssa found her forever family, she is thriving. Happy, healthy and LOVED.

Are you considering adoption? Our Adoption Practice Group routinely assists clients in a number of domestic and international matters. We also handle step-parent and relative (i.e. grandparent) adoptions.

Please join us in supporting our sister agency, the Fatherless Foundation.

The Fatherless Foundation is holding its annual Auction Benefit on Friday, November 16th at 6pm at The Knights of Columbus on 71st Street in Indianapolis, Indiana.

The Fatherless Foundation exists to serve the adopting family, advocate on behalf of the orphan, and respond with action to provide holistic care for orphans and vulnerable children worldwide.