International Adoption & Business

Who can adopt a child from a country outside the USA?

Most countries have their own policies regarding the age and marital status of adoptive applicants. A small number of programs are open to single people.

In some countries, requirements may be more flexible for children with known medical and developmental needs and for older children. We may be able to ask for "pre-approval" for you from a specific country.

What is the Legal Process?

The documents required for each country vary, but they will include documents such as birth, marriage and health certificates, financial status reports, police clearance and INS approval. We work with you to complete your dossier and have it certified, legalized, and, if necessary, translated and sent to your child's country. There it is filed in a court or presented to government officials.

The INS requires an approved home study and FBI fingerprint clearance. Complete the I-600A forms (Application for Advance Processing of Orphan Petition),and get fingerprinted (the INS will advise you when and where you can be fingerprinted). Send the 1-600A forms and supporting documents to the immigration office closest to you. We assist you with this part of the process; and, if you are undecided about which international program you want to adopt from, we can help you choose and we will guide you through the process for that country.

What information will I receive about the child?

You will receive a child referral from the country you have chosen. This usually includes a picture, a report, and sometimes a video. We require families to seek a medical opinion to help them interpret a child's medical information.

Do I need to travel to meet the child in his/her country?

You will be notified if you need to travel to the country and enter your petition to adopt in court, or if your child is being escorted to you. If you travel to meet your child, your child usually stays with you while you are in the country. As soon as the procedural and legal steps are complete, you are the child's legal parent, and you can complete your immigration visa work with the U.S. Consulate and return with your child to the United States. If your child is being escorted to you, the legal work and visa are usually completed first and then permission is granted for the escort to leave the country with your child.

International Business

• International Commercial Litigation
• International Joint Ventures
• Offshore Corporate Trusts

International Commercial Litigation

In the global business environment today, commercial disputes arise with disregard for geographic boundaries. International litigation brings unique circumstances and raises special issues. We are experienced with these factors and have the skills and experience to successfully represent clients in litigation and arbitration in the United States and abroad.

We provide answers in international cases to questions such as:

• What is the best venue? Is court preferable to arbitration? If a court is preferable, which court? Is arbitration best?
• What jurisdictional issues will arise?
• Which jurisdiction has the most favorable laws?
• Whose discovery procedures will be more beneficial?
• What is the timing and cost?
• Does location of witnesses and executives influence the decision?
• What are the issues involved in enforcing a judgment or award?
• What interim measures will be needed?

We make a thorough evaluation prior to advising you on the most advantageous direction to proceed; we provide you with a candid evaluation of the claim. If the claim or defense appears to be meritorious, we can often create a fee structure which will allow you to pursue your legal rights without taking undue risk with regard to future attorney's fees.

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International Joint Ventures

Through international joint ventures, the risks, costs, management and success of the venture are shared by the partners.

With international joint ventures, there are a number of statutes, regulations and legal requirements which must be understood by the players: the overseas partner, the U.S. business executive, the investment banker and the professional advisors.

The negotiation and drafting of international joint venture agreements includes:

• Strategic planning,
• Letters of Intent,
• Antitrust considerations both foreign and domestic,
• Protection of intellectual property,
• Transfers of technology,
• Dispute resolution procedures.

Legal and regulatory issues include:

• Export controls on goods and technology,
• License requirements
• License application process
• Customs and other import controls.
• Department of Justice guidelines
• How to work with foreign government officials
• Treasury Department foreign assets control

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Offshore Corporate Trusts

An offshore financial plan or offshore structure is a business and investment strategy to enhance the privacy, protection and performance of your financial affairs.

It involves holding personal or corporate wealth outside of your country where it is subject to greater secrecy regulations, low or no tax, and local regulations that protect your investment structures.

In years past, the offshore industry was only for the elite, since only the very wealthy could afford the services it took to plan and implement an offshore strategy.

But with increased competition today, enhanced technologies and communications improvements, there is an environment where offshore services are cheaper, simpler and more accessible.

Most of the traditional offshore locations created jurisdictions that emphasize asset protection which protect your company and its assets from potential court decisions of other countries, confiscation by creditors and similar actions against the wealth and property.

Confidentiality and anonymity are increased with offshore investments. Most offshore jurisdictions passed laws on information confidentiality preventing the disclosure of information about the founders, shareholders and members of the offshore arrangements and company.

In many cases, offshore planning can reduce tax liabilities. Assets placed in an offshore trust are no longer considered the settlers. Income and capital gains generated by those assets may be taxed according to the rules of the trustees' resident country.

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