In the case of an orphan whose adoption has been finalized abroad and whose adoptive parents reside abroad, the home study preparer includes any party licensed or otherwise authorized to conduct home studies under the law of any state of the United States, or any party licensed or otherwise authorized by the foreign country s adoption authorities to conduct home studies under the laws of the foreign country. Incapable of providing proper care means that a sole or surviving parent is unable to provide for the child s basic needs, consistent with the local standards of the foreign-sending country. Loss from both parents means the involuntary severance or detachment of the child from the parents in a permanent manner such as that caused by a natural disaster, civil unrest or other calamitous event beyond the control of the parents, as verified by a competent authority in accordance with the laws of the foreign-sending country. The petition must be signed in accordance with the form s instructions by the married petitioner and spouse, or the unmarried petitioner. Overseas site means the Department of State immigrant visa-issuing post having jurisdiction over the orphan s residence, or in foreign countries in which INS has an office or offices, with the INS office having jurisdiction over the orphan s residence.
Petition is synonymous with orphan petition.
Petitioner means a married U.S. citizen of any age, or an unmarried U.S. citizen who is at least 24 years old at the time he or she files the advance processing application and at least 25 years old at the time he or she files the orphan petition. In the case of a married couple, both of whom are U.S. citizens, either party may be the petitioner. Prospective adoptive parents means a married U.S. citizen of any age and his or her spouse of any age, or an unmarried U.S. citizen who is at least 24 years old at the time he or she files the advance processing application and at least 25 years old at the time he or she files the orphan petition. The spouse of the U.S. citizen may be a citizen or an alien. An alien spouse must be in lawful status if residing in the United States.