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International or Intercountry Adoption Process

International or Intercountry Adoption Process

International adoption, or intercountry adoption, is a type of adoption where an individual or couple becomes the permanent and legal parents of a child born in another country.  Generally, prospective adoptive parents must meet the requirements of a legal adoption in their country of residence and those of the country in which the child was born.  However, it is the law of the country where the child is being adopted from which approves or allows the international adoption.  Some countries forbid international adoptions.

The first thing prospective parents need to do is to decide on an adoption agency.  The U.S. Department of State and Office of Children’s Issues suggests talking to other parents who have adopted.  In addition, a state’s licensing organization should be contacted to find out what providers are licensed in your area (adoption service providers generally must be licensed by the state in which they operate).

The United States is party to an important treaty on intercountry adoption called the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (“Hague Adoption Convention”). The treaty governs adoptions between the United States and approximately 75 other countries.  If any person intends to adopt from a country that is party to the Hague Adoption Convention, then they must select an adoption service provider that has been accredited by the convention.  Even if any person intends to adopt a child from a country that is not party to the Hague Adoption Convention, they still must choose a licensed adoption service provider.

Upon the adopting party’s request, the adoption service provider should disclose to prospective adoptive parents in writings the following:

  • A sample of the written adoption process;
  • A proposal of all estimated expenses and expected total fees;
  • Its adoption service procedures and policies, including general eligibility criteria and post-placement support;
  • A list of organizations and people not directly employed by the agency that would help with his/her adoption, and the costs of their services, and finally;
  • The total number of adoption placements per year, and the number of these placements that remain intact.

After choosing an adoption service provider, the adoptive parents will be expected to sign an adoption services contract with that agency.

The adoptive parents also need review the adoption laws of different countries and choose the one which best suits their needs.  In this regard, some countries allow single-parent adoption and some have age or income requirements for adoptive parents.

The United States Citizenship and Immigration Services (USCIS) must determine that an individual is able to provide a loving, stable home for the adopted child.  The most important requirement for USCIS approval is a home study that establishes an individual’s ability to care for a child.  Every state has different requirements for this home study.  Generally all home studies will detail personal, financial, and medical information.  Although state laws vary, home studies are typically prepared by a social work professional or organization.  The adoption agency should know the requirements of each state so that the home study satisfies all laws and regulations.

An individual must fulfill the requirements of three separate governmental authorities in order to complete an intercountry adoption and bring a child to the United States.

  • S/he must fulfill the requirements of the foreign country in which the child resides;
  • S/he must fulfill the requirements of the United States federal immigration law; and
  • S/he must fulfill the requirements of the state of their residence.

After the completion of home study, an application must be submitted to USCIS.  Children in Convention countries must meet the definition of a Convention adoptee; children in non-Convention countries must meet the United States definition of an orphan. To apply to USCIS for determination of whether a child is eligible to immigrate to the United States, the applying party must use one of two forms:

  • Form I-600, the petition to classify an orphan as an immediate relative, or
  • Form I-800, petition to classify a convention adoptee as an immediate relative

Form I-600 is used for non-Hague Adoption cases, while the Form I-800 is used for Hague Adoption cases.

The USCIS then evaluates an individual’s suitability and eligibility to adopt.  Once an application is approved, then the USCIS will notify the concerned individual at the United States embassy or consulate in the country where the child is to be adopted from.

Furthermore, after gaining legal custody of a child abroad, the child may be eligible to immigrate to the United States using an IH-4 or IR-4 immigrant visa. The IH-4 immigrant visa is issued to children from Hague Convention countries immigrating to the United States for adoption.  The IR-4 immigrant visa is issued to children from non-Convention countries.

When the child is back in the United States, it is important to finalize the adoption as soon as possible so that the child is eligible for U.S. citizenship.

Website for Government Adoption


Inside International or Intercountry Adoption Process