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China Adoptions. Due Diligence, Due Diligence, Due Diligence.

By Dan Harris and Steve Dickinson

Lawyers are fond of saying there are three keys to any deal: due diligence, due diligence, and due diligence. Though one does not typically think of an adoption as a "deal, adoptions (particularly international adoptions) too should not be undertaken without thorough due diligence. There has been a lot of press the last few days about the woman in Tennessee who "returned" her seven year old adopted son back to Russia, claiming he was not as promised. I have no way of knowing what went wrong there, but I do know that thorough due diligence in an international adoption helps reduce risk. There are a lot of places where an international adoption can go wrong and due diligence is required at each step. First off, find out what you can about the U.S. agency you are using. What is its record? What sort of experience does it have with the country from which you are seeking to adopt? Talk to other parents who used that agency. What about the orphanage from where your prospective child will be coming? What is its reputation? Again, talk to other parents. What about the child you are considering for adoption? If you that child's mental and physical well-being will be a factor in whether you adopt him or her, you should consider retaining a physician and a mental health professional (in the country from which you are adopting) to independently assess the child you are considering for adoption. On the legal front, the key (of course) is to make sure your adoption, and every step of it along the way, complies fully with the laws of the country from which your child comes and the country in which you live.The United States Department of State has an incredibly thorough and informative website setting out what it takes to adopt a child internationally and from China. It makes for a great starting point.

Full post as published by China Law Blog on April 11, 2010 (boomark / email).