Articles Tagged with “International Adoption”

icelander-flag-large-300x216In just a few short weeks, the Supreme Court of Iceland will rule on its first surrogacy case involving two women who wish to be recognized as the legal parents of their child born via gestational surrogacy. A U.S. surrogate carried the same-sex couple’s child, which was created using donor egg and sperm. The baby was born in 2013 and received a US passport and citizenship. The intended mothers established their legal parentage in the U.S., but things became complicated when the mothers tried to return to Iceland with the child. Surrogacy is illegal in Iceland, and when the mothers tried to register their child as an Icelandic citizen and themselves as the child’s legal parents, the National Registry of Iceland rejected the registration attempt. Although the child eventually received Icelandic citizenship and an identity number, the mothers sued the National Registry and the Icelandic State because they were only granted a fostering agreement rather than legal parentage.

This decision will have a great impact in Iceland because it will affect many couples and individuals who wish to have children through gestational surrogacy. This case also shows that in many countries, the laws are a bit lagging on how to address surrogacy. Make sure to stay tuned for a follow up blog post about the Supreme Court of Iceland’s decision.

The attorneys of Harden Jackson Law are devoted to servicing clients throughout the Indianapolis area and the state of Indiana in all areas family law, including divorce, custody, child support, property division, paternity, post-divorce modifications, prenuptial and postnuptial agreements, simple wills, adoption, surrogacy and other areas of assisted reproductive technology law. For more information, please contact us at 317.569.0770 or

The Dave Thomas Foundation for Adoption recently released its annual “100 Best Adoption-Friendly Workplaces” list. The Foundation has compiled a yearly list of workplaces that offer the best policies for employees growing their families through adoption since 2007. The criteria involve benefits such as financial assistance and paid leave for adoptive families. Employers submit applications and complete surveys, and the Foundation analyzes their data to create the list. The highest amount of financial reimbursement offered by this year’s applicants was $25,000.00, and the longest duration of paid leave was eighteen weeks. The average amount of financial assistance employers offered was $8,000.00, and the average duration of paid leave was five weeks.

Ferring Pharmaceuticals topped the 2016 list, with adoption policies that include reimbursement of up to $25,000.00 in adoption expenses, up to five and a half weeks of paid leave, and adoption counseling resources.  The rest of the top ten is comprised of:

  1. Citizens Bank ($23,460.00 in reimbursement of adoption expenses and 1 week of paid leave);

quoteblock_clinton.jpgThe Intercountry Adoption Universal Accreditation Act of 2012 (UAA) goes into effect on July 14, 2014. As of that date, all agencies or persons that provide adoption services in support of the two forms listed below must be accredited or approved, or be a supervised or exempted provider, in compliance with the Intercountry Adoption Act and accreditation regulations. According to U.S. Citizenship and Immigration Services (USCIS), adoptive parents who are not working with an accredited or approved adoption provider and filed Form I-600A or Form I-600 (Application for Orphan Visa) on or after July 13, 2013, may be denied an orphan visa. An Adoptive parent that has filed the appropriate adoption application to the appropriate foreign authority for adoptions prior to July 13, 2013 may also be grandfathered into old regulations and USCIS may not require them to use an agency/provider under the UAA.

This means that many parents may be given a Notice of Intent to Deny (NOID) or a Notice of Intent to Revoke (NOIR) if they attempted an independent international adoption or used as their placing agency an organization or agency that was not approved/accredited per the UAA unless they filed the above forms/document prior to July 13, 2013. If you receive a NOID or NOIR, it can be a serious complication in your adoption process and may prevent you from completing the international adoption process. The Orphan Visa enables a child adopted from a foreign country to enter the United States. Without the Orphan Visa it may be impossible for the child to legally enter the United States. Our team can assist you with your Rebuttal of a NOID or Appeal of Denial with the United States Citizenship and Immigration Services (USCIS). Our legal team may also be able to explore other immigration options with you as well.

Denials & Notice of Intent to Deny (NOID) Orphan Visa

Thumbnail image for MLJ WEB2.jpgAttorney Michele Jackson was interviewed by the Associated Press about the desperate situation for the children and adoptive parents in the Congo. The article appeared in many national publications, including the Huffington Post. To link to the article, click here. Otherwise, the text is below.

“Justin Carroll is the proud dad of a 6-week-old daughter in Tennessee, but thus far he’s done his doting via Facetime video phone calls from Africa. Since mid-November, Carroll has been living in Congo, unwilling to leave until he gets exit papers allowing two newly adopted sons to travel with him.

Carroll and his wife, Alana, are among scores of U.S. couples caught up in wrenching uncertainty, as a suspension of all foreign adoptions imposed by Congolese authorities has temporarily derailed their efforts to adopt.

MLJ WEB2.jpgAttorney Michele Jackson was profiled in this week’s Indianapolis Business Journal. Below is the text from the article. We are so proud of Michele and the work she does to advocate for orphans around the world.

“Michele Jackson marched into an internship in 1999 hoping to deliver a swift blow to international injustices against women and children.

The 24-year-old Indiana University law student didn’t realize how unpleasant the topics would be.

Attorney Michele Jackson is photographed on one of her trips to an orphanage in the DRC (Democratic Republic of the Congo).

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Please join and support the Facebook group, Hope for DRC Adoptions. This group exists to raise awareness, discuss the issues, and work together to advocate for the best interests of the children and promoting ethical adoptions in DRC. There is concern about current events impacting adoption in the Democratic Republic of Congo and the future hopes for a family of the millions of orphans in DRC. There are millions of orphans in Congo and international adoption gives some of them hope for a family. We cannot take away their fundamental right to have a family. Advocate for orphans and children’s rights!

By: Michele Jackson

1350860_hand-in-hand.jpgThere are anywhere from 143,000,000 to 165,000,000 million orphans living in our world. This number is astonishing but what do these numbers represent? These numbers are developed from attempting to account for children that have one or more parent absent and the child is often living with relatives, foster parents, in orphanages or on the streets. It is unclear as to whether the “social orphan” is included in this number. I would venture to say that if the child is in an institution then they are accounted for; however, the “social orphan” is one that is difficult to quantify and has not been properly protected under the laws of many states or International conventions (Convention on the Rights of the Child, Hague Convention on Inter-Country Adoption).

The “social orphan” is the most common child in an orphanage. A “social orphan” is a child that has parents living that cannot or will not take care of the child but the parent’s rights to the child are still intact and have not been terminated. Often these parents are working long hours in remote areas, not able to afford/feed their children or have drug/alcohol related issues that are preventing them from parenting. I am consistently asked about adopting specific children living in an orphanage and often I know that the child is likely to be a “social orphan”. A “social orphan” is not adoptable in most situations. The child will likely not be adoptable because of one or more of the following reasons:

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

Africa orphanage trip.jpgOver 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:

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