International adoptions allow children the opportunity to become part of a loving, caring family, who might otherwise never know the advantages that come with being part of a permanent family. Within the United States, there exist immigration processes that allow American citizens to adopt a child from another country and bring that child back to the U.S. to live permanently.
There are two distinct international adoption procedures to bring a child from overseas to the U.S.: the Hague process and the non-Hague process.
The Hague Adoption Convention
The Hague Adoption Convention is an agreement between signatory countries, which are working together to ensure protections in international adoptions. These protections include:
- providing adoptees with permanent loving homes
- looking after children’s best interests throughout the adoption process
- preventing the abduction, sale or illegal trafficking of children
The Hague Adoption Convention became effective for the United States on April 1, 2008. To help support the adoption process, the U.S. State Department has setup a website dedicated to international adoption, which explains both the Hague and non-Hague adoption processes.
The following provides a general overview of international adoption application procedures.
Hague Application Basics
If the adopted child's country or origin is one of the signatory countries in the Hague Adoption Convention, then the Hague adoption procedures should be followed.
Eligibility
A Consular Officer at a U.S. Embassy or Consulate must determine that the child qualifies for the visa before you adopt or obtain legal custody of the child. The child must be under 16 years of age at the time the application is submitted, unmarried and reside in a convention country. The adoptive parent(s) must normally reside in the U.S. and must be married U.S. citizens filing jointly, or an unmarried citizen at least 25 years of age. In addition, the child's parents, legal custodians, etc. must provide written consent to the adoption and ending their legal relationship with the child.
Forms
USCIS centralized all Hague processing and adjudication at the National Benefits Center (NBC) in Lee’s Summit, Mo. The Hague process requires the filing of two forms:
- Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country
- Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative
Adoption Service Provider and Home Study
You must work with a Hague accredited adoption service provider. The home study must be completed by a Hague accredited agency, or a Hague accredited agency must review and approve the home study, prior to submitting it, along with your Forms I-800A and I-800 to USCIS. Please remember that a home study can no more than 6 months old at the time that the application is filed with USCIS.
Visa Types
Children adopted in convention countries will receive an IH-3 visa (provides citizenship upon entry to the U.S.) or an IH-4 visa (provides permanent resident status in the U.S. until the adoption is completed).
The complete Hague visa process can be found on the U.S. State Department's Intercountry Adoption website.
Non-Hague Application Basics
If the adoptive child’s country of origin is not a Hague Convention country, then orphan procedures must be followed.
Eligibility
U.S. law determines if a child qualifies as an orphan, not the child's home country. The child must have no parents or a sole parent who is unable to care for the child and has provided written consent to the adoption. The child must be under 16 years of age at the time the application is submitted, or is 16 or 17 years old if he or she is a birth sibling of an adopted child or one who will be adopted under the age of 16 by the same adopting parents. The adoptive parent(s) must be married U.S. citizens filing jointly, or an unmarried citizen at least 25 years of age. The adoption must be fully completed, or the adopting parents must have legal custody of the child allowing them to continue the process in the U.S.
Forms
Orphan petitions should be filed with the USCIS office having jurisdiction over the petitioner's place of residence. The non-Hague process requires the filing of the following forms:
- Optional Form I-600A, Application of Advance Processing of Orphan Petition
- Form I-600, Petition to Classify Orphan as an Immediate Relative
Visa Types
Children adopted in non-Hague countries will receive an IR-3 visa (provides citizenship to children under 18 upon entry to the U.S.) or an IR-4 visa (provides permanent resident status in the U.S. until the adoption is completed).
The complete non-Hague visa process can be found on the U.S. State Department's Intercountry Adoption website.
Source: USCIS and U.S. Department of State
