Adoption – Adopt a Child From Another Country
Inter-country Adoption
USCIS is responsible for determining the eligibility and suitability of the prospective adoptive parents willing to adopt a child from another country (Inter-country Adoption) as well as determining the eligibility of the child to immigrate to the United States.
Two separate processes apply only to children adopted by U.S. citizens. Choice of country that the U.S. Citizen wants to adopt from will determine which process the prospective parent needs to follow to be able to adopt.
Hague Process
Since the Hague Adoption Convention entered into force in the United States on April 1, 2008, all adoption cases filed on or after that date must follow the Hague Process, if the child to be adopted habitually resides in a foreign country that is a party to the Convention.
Adoptive Parents’ Eligibility under Hague Process
In order to establish their suitability and eligibility, the prospective adoptive parents need to file Form I-800A with USCIS. There are certain requirements for the prospective parents to be eligible to file this form. The prospective parent needs to be a U.S. citizen and needs to habitually reside in the U.S.
If married, both prospective parents must sign the Form I-800A and both must intend to adopt the child. If the prospective parent is not married, he/she must be at least 24 years of age at the moment of filing the Form I-800A and at least 25 years of age at the moment of filing the form I-800.
Eligibility of the Child under Hague Process
To determine the child’s eligibility as an Adoptee you must file Form I-800 on behalf of the child to determine his/her eligibility as a Convention Adoptee, before adopting or obtaining legal custody of the child.
The child needs to habitually reside in a country that is a party to the Hague Convention and needs to be under 16 years of age at the time when the prospective adoptive parents file the Form I-800. Additionally, the Central Authority of the Convention Country needs to determine that the child is eligible for the intercountry adoption.
When the USCIS approves the Form I-800 and once the Department of State advises that the prospective parents may complete the adoption of the child, the prospective parents may apply for a visa for the child.
If the child between the age of 16 and 18, he/she may still qualify to be adopted by the same adoptive parents, provided that such child is the birth sibling of an adopted child from the Convention Country, and the Form I-800 is filed before the sibling’s 18 birthday and before the expiration of the notice of approval or extension of the Form I-800A.
Orphan Process
This Process applies to children who live in the countries that are not parties to Hague Adoption Convention.
Adoptive Parents’ Eligibility under Orphan Process
In order to establish their suitability and eligibility, the prospective adoptive parents need to file Form I-600 with USCIS. There are certain requirements for the prospective parents to be eligible to file this form. The prospective parent needs to be a U.S. citizen and needs to establish that he/she will be able to provide proper parental care to the child.
If married, both prospective parents must sign the Form I-600 and both must intend to adopt the child. If the prospective parent is not married, he/she must be at least 25 years of age at the moment of filing the Form I-600.
Before the child’s arrival the prospective parents need to obtain permission to bring the child to the United States out of his/her home country.
Additionally the prospective parents need to prove that they will adopt the child in the United States after the child’s arrival or that they have already seen the child in person and have adopted the child abroad.
Eligibility of the Child under Orphan Process
To immigrate the child under this process the prospective parents need to establish that the child who they intend to adopt or have already adopted is an “Orphan”.
An Orphan is a child who is under 16 years of age when the orphan petition is filed and who was born outside the United States and who does not have any parents or has one parent who is unable to care for the child in accordance with the standards of the foreign country, when such parent has provided a written release to irrevocably give the child up for adoption and emigration.
If the child between the age of 16 and 18, he/she may still qualify to be adopted by the same adoptive parents, provided that such child is the birth sibling of an adopted child and the Form I-600 is filed before the sibling’s 18 birthday.
For more information on the Inter-country Adoption, please refer to the official website of the U.S. Citizenship and Immigration Services and the Department of State website.
