US Passport issue with internationally adopted child. HELP!

[cmacf1]

One of our cruising group has a child adopted from Russia who is unable to get a passport right now (when you get a passport for a foreign adopted child, you have to send in their original Russian birth certificate and Russian adoption certificate. This child was inexplicably abadoned by his first adoptive parents as soon as they arrived in the US -- I say inexplicably because I know this child and he is a TOTAL sweetheart.) My friends took him in as a foster child and ended up adopting him. The problem is that the first adoptive parents have all the original Russian documents including the two docs that are required to get a US passport. They have steadfastly refused to hand over any documents to my friends and now will not even speak to them.

 

This child has US citizenship and proof of US citizenship, but still cannot get a passport. According to what I've read on this thread and elsewhere, people need a government issue photo ID and valid proof of citizenship. He has the latter. Does a child also need a government issued photo ID? My friends have to make final payment for our cruise in 2 weeks and they dont' want to pay for the cruise only to find out that they cannot go. The rest of the family has passports.

 

Thanks for any help -- we want this family on our cruise in the worst way and they want to go too!!

[OceanDreamin]

I think they can take the child to their local DMV and get a State ID with the child's picture on it. That would qualify as "Government Issue Photo ID." I don't think there is an age limit on it, of course I'm sure it varies by state. They should call their DMV though.

[cherylandtk]

A minor child generally does not need the government photo ID, particularly if travelling with his legal parents.

 

What document does the child have for citizenship purposes?

[MEcruzr]

Check out this site: http://travel.state.gov/family/adoption/info/info_457.html

 

"How Does the Child Get a Passport Under the Child Citizenship Act?

 

You will need the following when the child applies for a passport:

 

Proof of the child''s relationship to the American citizen parent. For the biological child of the American citizen this will be a certified copy of the foreign birth certificate (and translation if not in English). For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);

 

The child''s foreign passport showing the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) I-551 stamp in the passport, or the child''s permanent resident card (green card);

 

Proof of identity of the American citizen parent(s)

 

Passport application, passport photographs and fees. Go to Passport Services for forms and full instructions."

 

 

It doesn't say anything about needing original birth certificates or adoption papers... does the child have a green card?

 

Anyway, the parents really need to be asking the right people these questions. Get on the phone with Passport Services.

 

When I took my son to the DMV for a state photo ID (for travel purposes when he was under 15) I had to have a birth certificate... but maybe they would accept adoption papers with proof of US citizenship from the parents. Worth a try!

 

Good luck. Two weeks is a very short time when dealing with these things. Did the parents buy travel insurance?

[spongerob]

This site has a lot of really good and knowledgeable people, but it's still a message board. For a question as important as this, go directly to the governing authority (ICE) and find out what can and cannot be done. You never know if a response you get here is reliable. Someone might say you are okay because they were in the same situation and didn't have a problem, until you dig a little and find out that their experience is several years old and the laws have changed.

[MEcruzr]

A minor child generally does not need the government photo ID, particularly if travelling with his legal parents.

 

What document does the child have for citizenship purposes?

 

The problem they have is this child does not have a US birth certificate... or even a Russion one. Children 15 and younger are not required to have a photo ID, but they DO need a certified/original birth certificate. What it seems, to me, is they need a US/state photo ID in order to get a passport.... since they don't have any birth certificates. All they have is the adoption paperwork.

 

Again... get on the phone and start calling these agencies.

[greatam]

 

What document does the child have for citizenship purposes?

 

To continue on with this thought-Most foreign adoptions provide a US passport to bring the child back into the US. This is all handled overseas by the US Embassy/Consulate. I would check with the US State Dept. I wouldn't be a bit surprised to find that the child has already been issued a passport to allow the first entry into the US. The original adoptive parents may not be turning over the paperwork, but if there is an original passport, there will be records and it may not be too difficult to get a duplicate.

 

And call your Senator/Representive's office IMMEDIATELY for help.

[cmacf1]

Thanks to everybody who responded. The situation is unbearably complicated and it appears that our friends will not be able to go on the cruise.

 

They took guardianship of this boy with very few of the documents that the original parents were given, including the adoption decree, the original birth certificate and the child's Russian passport. Coming into the US, he came in on his Russian passport and then immediately went through US immigration. Once he went through immigration, we was considered a US citizen (I know this because we have adopted 2 children from Russia.) Immediately after they exited immigration, they handed the child over to officials from their adoption agency who contacted social services. The original parents did not hand over all the documentation. Children coming in to the US as adoptees of US citizens are not given green cards since they are not aliens at all.

 

This little boy does have a Certificate of Citizenship, but it is in his original adoptive name. When my friends adopted him here in the US system (which they had to do since he was considered a US foster child,) they had his name changed to their last name. Then they reapplied for another certificate of citizenship (this is what they need to apply for a US passport in lieu of Russian adoption papers.) When we applied for the Cert of citizenship for our older daughter, it took 17 months to get. Immigration is VERY backed up apparently. It has been 13 months since they applied for that certificate and they have been informed not to expect it for 4-6 months. So, they cannot even apply for a passport and that certificate is what he needs to prove his citizenship. No proof of citizenship, no cruise :mad:

 

I saw these friends today and suggested that they contact their representative immediately, if not for the cruise (we don't believe this will be straightened out by 10/29 which is when final payment is due,) but maybe by the time the parents head to Vietnam to adopt a little girl which will probably happen in February or March. Right now, they don't think he will be able to accompany them because he won't have a passport. The passport office lost all of my first adopted child's original Russian paperwork (the only way to replace it was to return to her hometown in a remote area of Russia!) After fighting with the Passport office for 6 weeks and freaking out, I called our senator and within 24 hours, the Passport office called me and said they had located all the paperwork. A little pressure sometimes works -- maybe it can work for them.

 

Sorry this is so long. We were all so hoping they'd be able to join our group of 8 Russian adoptive families on our Disney cruise. Maybe next time.

[cruisead]

Your friends need to get an attorney and sue the original adoptive parents who refuse to give over his personal papers. It's illegal what they're doing when they refuse to give his new parents all legal documents. They need to go to court and have a judge order the original adopters to immediately release all the child's documents.

[sail7seas]

I'm no lawyer but those were my first thoughts. The first set of adoptive parents should be ordered by a court to produce those documents and hand them over.

 

I hope it works out for your friends and they can travel with you.

 

[cmacf1]

Your friends need to get an attorney and sue the original adoptive parents who refuse to give over his personal papers. It's illegal what they're doing when they refuse to give his new parents all legal documents. They need to go to court and have a judge order the original adopters to immediately release all the child's documents.

 

I fully agree. They've tried being nice and asking for the documents, but my thought is that the original adoptive parents just threw them out and so the documents are no longer in existence (though my friends have not been told this.) The really sad thing is that the original parents also had all the information about this child's biological past and they handed none of it over. We did not receive much information about our children when we adopted them, but we have certain basic facts that I will be able to tell my girls when they are older. This boy was 4 when he entered the orphanage and 6 when he came to this country and because of that, he knows the name of the town where he lived. It has been an uphill battle for my friends from the beginning when this sweet boy came into their lives and until they formally adopted him, they didn't want to do anything to rock the boat for fear that this little boy would be taken from them.

 

Thanks for all the opinions and suggestions. I really appreciate it! As it is, we will have 11 children from 7 families, all adopted from Russia, on our cruise! All the families met through the 'waiting parent meetings' we all attended prior to our adoptions. Most of us adopted several years ago and we've been waiting until the youngest of the group (my younger daughter) was old enough to go into the kid's club :D on the Disney Magic. We are VERY excited (both for the cruise and to finally have a few hours alone with my DH for the first time in 4.5 years!!!)

[cherylandtk]

They took guardianship of this boy with very few of the documents that the original parents were given, including the adoption decree, the original birth certificate and the child's Russian passport.

 

This little boy does have a Certificate of Citizenship, but it is in his original adoptive name. When my friends adopted him here in the US system (which they had to do since he was considered a US foster child,) they had his name changed to their last name. Then they reapplied for another certificate of citizenship (this is what they need to apply for a US passport in lieu of Russian adoption papers.) ..... No proof of citizenship, no cruise .

Two thoughts come to mind here (BTW, thanks for the detailed explanation, which DOES help, despite being long, so don't apologize):

1. IF the parents have the first Certificate of Citizenship AND the court adoption papers showing his name change from original adoptive name to current name and parents, they might be fine to travel on a cruise with just that. Since you did not list the COC among the papers that the first 'parents' did not relinquish, I am hoping this is the case. In this situation, the COC takes the place of a US issued Birth Certificate. The adoption papers certify the identity of the child as being the same one on the COC, and the parents as being the legal parents. That is all that is needed (plus parents travel docs) to take a RT cruise out of the US going to the Caribbean.

 

But, because this is a slightly more complicated situation than your average cruiser, please call the immigration authorities in the port of departure and discuss this with them to ensure everyone is in agreement prior to final payment. (800-375-5283)

 

2. The same two documents noted above should also be sufficient for the parents to apply for a passport now. What is the reason they were told the COC in the newly adopted name is the only suitable document? The 'old name' COC combined with the court certified adoption papers show the same paper trail. (I realize that with many adoptions, both immigrant and native born, the original documents are re-issued with the adoptive name, but that only replaces and does not invalidate the original document) It is possible that the advice the parents were given was based on what is usually done, and did not take into account an alternate approach based on a need for a faster process.

 

I saw these friends today and suggested that they contact their representative immediately.

. This is excellent advice and should help your friends cut through the red tape, both of the interpretation of the regulations as well as shortening the time frame.

[sail7seas]

This has been on my mind since I read this thread.

Please have your friends contact their Senator or Representative. How sad they should not be able to join your group and travel with their darling child.

 

There are always solutions. One just needs to go to the right place/person to accomplish it. Some kindhearted person in their Senator's office may choose to be a pitbull about accomplishing their goal.

 

Good Luck and PLEASE let us know how it works out.

 

[cruisead]

How in heaven's name were the original adopters able to give that child to another agency so the other couple could adopt him, without demanding the parents give them all the documents? What kind of agency takes a child with absolutely no documentation? Sounds like more than little shady. Perhaps the original adoptees are still benefiting financially for this child even though he's not their's anymore. Probably still claiming him on tax forms or some such thing.

[blindrid]

On this one, I certainly wouldn't trust our judgement (not to belittle us). You need someone who knows exactly what to do i.e. attorney, not free advice here.

[cmacf1]

The official word from Disney is that no one will be allowed to sail after January 1st without a passport, even though official word from Dept of Homeland security says it's not needed until sometime later (I couldn't quite figure out the wording in those official missives from them!)

 

I think my friends have only a copy of the original CoC (don't know where the original is) and that's not good enough for the Passport office. And I think that my friends have been so beaten down by this whole situation in the past 2 years that fighting with the passport office to get a passport before January 12th is something they don't have the energy to do. I also think if they weren't in the process to adopt a little girl from Vietnam, they would summon the energy to get the passport and go on the cruise.

 

I didn't even get into half of what the little boy went through in his month between arriving in the US and getting to my friend's house and what they went through not to have him taken from them, both by Social Services AND by Russian officials (when they heard he had been 'ditched' by his original adoptive parents, they were concerned he had been adopted for nefarious purposes.) It was such an unusual situation that there were no rules/regulations on the books to deal with the legalities of it. Now that he is officially adopted, their worries about him being taken are over, but they have all these horrendous document issues. I don't know all the details (like why the original parents kept most of the documents and weren't required to hand them over,) but I know enough to know that the boy and my friends have been to hell and back and now are in a good place (other than those missing docs!)

 

So, they have decided to not go on the cruise, much to our sadness (and my 5 year old daughter's sadness -- she looks up to him as a VERY knowledgeable and cool person -- he is now 8.) The good news is that they will be going to Disney World during the time they were going to be on the cruise with us.

 

From the bottom of my heart, I really appreciate the time you all put into responding to me. I think people who cruise are generally just nice people;) .

[cherylandtk]

I truly understand how this family is feeling--and wish you all the best in your travels this next year. I am sure that when the paperwork finally gets processed and the passport is obtained, they will finally take that long wished-for cruise. The silver lining is that they made this decision before final payment and are able to make alternate plans for that time frame.