There are many factors to consider in kinship or relative adoptions. The following form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
California Petition for Kinship Adoption
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How to fill out Petition For Kinship Adoption?
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Yes, your aunt may adopt you as an adult. You both need at least one lawyer with specialties in both family law and immigration but more likely two different attorneys. Depending on the state in which she resides the procedure for adult adoption will vary.
In California, adoption is a permanent legal process that confers the same rights and responsibilities as biological parents. To begin the process, the grandparents must file a petition for adoption with the court.
The Family-based Petition Process: To be eligible to receive an immigrant visa through the family-based petition process, the child must have been adopted while under the age of 16 (or be the natural sibling of such a child, adopted by the same parent(s) as his or her sibling while under the age of 18).
In order to complete a stepparent adoption, you must get the other parent's consent in writing, show a reason they do not need to consent (deceased, not the biological parent) or ask the court to end their rights as a parent.
Lawful Permanent Residence or Citizenship Upon Being Admitted into the U.S. Under section 320 of the INA, adopted children will automatically acquire citizenship when they are admitted into the United States if they: Meet the requirements applicable to adopted children under INA 101(b)(1)(E), (F), or (G);
Ing to the Child Welfare Information Gateway, the requirements for age can vary significantly. Seven states only require the adoptive parents to be 18 years old. Three states (Colorado, Delaware and Oklahoma) set the age requirement at 21. Two states (Georgia and Idaho) have set the bar at 25.
The only way for a biological parent to regain custody after the adoption is to prove that consent to the adoption was provided under fraud, duress, or coercion.
If the child you adopted or intend to adopt in the United States is residing abroad, the child will need an immigrant visa to enter the United States. Visas are issued by the U.S. Department of State (DOS) at the embassy or consulate in the foreign country where your child resides.
