Bringing your child home: how international adoption and immigration work together

For many parents, building a family means looking beyond our nation’s borders. International adoption can be a life-changing path with many steps involved. Ultimately, it does not simply involve an adoption—it is also an immigration process governed by both United States federal law and international agreements.
Understanding how these systems work together is critical. The steps required, the timeline, and even how a child ultimately obtains U.S. citizenship can vary significantly depending on whether or not the adoption falls under the Hague Adoption Convention.

Hague Convention Adoption

The Hague Adoption Convention was established in 1993 to create safeguards and procedures for international adoptions. The purpose is to protect the rights of all parties involved in an adoption: children, birth parents, and adoptive parents. The United States joined the Convention in 2008.

When choosing a country to adopt from, the first step is to determine whether that country is a signatory to the Convention. When you adopt from a signatory country, you are agreeing to follow a uniform, internationally recognized process.

The process to adopt from a Hague country may seem document-heavy, but it is also predictable and transparent. The Hague adoption process generally follows this path:

1. Find an accredited adoption agency. Prospective families must engage with an adoption agency that is specifically authorized to handle Hague adoptions.
2. Complete a home study. Prospective families will schedule a home study with their agency. The designated agency representative will visit the parents’ home to ensure that it is a safe living environment for a prospective child. The representative will also look through the parents’ backgrounds, verify employment, and conduct face to face interviews with the parents. This process is the agency’s way to confirm that the prospective parents are eligible to adopt.
3. File Form I-800A with the United States Citizenship and Immigration Service (USCIS). Once the home study is complete, USCIS will conduct its own review to determine if the prospective parents are legally eligible and suited to adopt a child. USCIS will carefully review the home study report and additional factors such as the parents’ immigration history and proof of citizenship. USCIS will also require its own background and fingerprint check.
4. Get matched with an eligible child. Parents will be matched with a child that USCIS and the agency deem to be eligible for adoption. Further, based on the parents’ background and stated preferences, the child is matched with them.
5. File Form I-800 with USCIS to qualify your child for immigration to the United States. This form is used to request that USCIS recognize the adoptee as an immediate relative of the parents. Once approved, the case is transferred to the Department of State, where the visa itself will be issued. The specific visa issued will be a permanent resident immigrant visa.
6. Finalize the adoption. This step is country-specific. Some countries will require that the adoption be finalized inside its borders. In those cases, parents will bring the finalized adoption to the United States and register it. Other countries will allow the child to travel with their parents to the United States before the adoption is finalized. The parents will then finalize the adoption here in the United States.
7. Bring your child home! This is the moment you have waited for. The last step in the process is the make that long-awaited journey with your child to the United States.

Non-Hague Convention Adoption – Different rules, same goal

When working with countries who are not signatories to the Hague Convention, the process is much more dependent on the laws of that particular country. While Hague countries provide the convenience of following a uniform process of adoption, non-Hague countries do not. Therefore, the process may seem unpredictable and timely. Our team will handle all of the aspects of this process to ensure that your focus remains on you and your growing family.
One of the most important differences is that, in non-Hague countries, the child must meet the U.S. legal definition of an “orphan.” Immigration law defines an orphan as a child who (a) has been legally abandoned, (b) has lost both parents, or (c) has no proper parental care available.
The exact steps in determining whether the child is an orphan will vary by country. Overall, the following adoption process will apply:

1. Complete a home study. This process will be very similar to the home study for Hague purposes. Families can choose to work with a local or international adoption agency to complete this process.
2. File Form I-600A with USCIS. When the home study has been done, USCIS will review this application and conduct its own investigation on the family, including their background, work history, and education history. The application process is also the perfect opportunity for prospective parents to submit any and all evidence they have that proves the child is an orphan under the legal definition.
3. Complete the country’s legal adoption process. In partnership with local adoption agencies and local counsel, families will begin the formal adoption process in that country.
4. File Form I-600 to classify the child as an orphan under immigration law. When the adoption is close to completion, families will file Form I-600 and specifically request that USCIS recognize the child as an orphan. Our team will carefully put together a strong evidence packet to ensure that all statutory requirements are met. When it is approved, the Department of State will take over the case and will issue the child’s permanent resident immigrant visa to come to the United States.
5. Bring your child home! The best part of this process. Families are reunited and children experience the excitement of their new home.

Confusion

We know the process can be intimidating, so it is important to have a team of experts by your side while you navigate it. Our firm works within The Hague Convention, ensuring that every step is handled properly and accurately.

While you focus on choosing names, planning their first birthday party in your home, or decorating their room in your home, let us do the heavy lifting to help you grow your family.

Nathalie Kabongo-Chavez