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Adoption and Immigration

According to the US State Department, more than 20,000 children were adopted by Americans from other countries last year. The procedures for adopting a child from another country can vary, depending on the requirements imposed on international adoptions by the child's home country.

In order for the child to immigrate to the US, either after the adoption has been completed or to complete the adoption in the US, the child will need to have a visa. To secure the visa, the adoptive parents must take several steps. It is important that prospective adoptive parents remain diligent in meeting these requirements so the adoption process can go as smoothly as possible.

Pre-Adoption Requirements

The first step parents interested in international adoption should take is completing a home study. The home study is usually conducted by a social worker who will meet with the family members and study the family relationships and environment, the family's reasons for wanting to adopt a child, the family's heath and other factors to determine if the family is suitable to provide a home for an adopted child. It can take several months to complete the home study.

After completing the home study, the next step is to file an Application for Advance Processing of Orphan Petition (Form I-600A) with the US Citizenship and Immigration Services (USCIS). This form can be filed even if the family has not found a specific child yet that they are interested in adopting. The form allows the USCIS to verify that the family is eligible to adopt a child. The USCIS will review the application, conduct a background and criminal history check on everyone in the family and take fingerprints. Prospective adoptive parents should wait until the USCIS has approved this petition before leaving the country to adopt a child.

It is important to note that adoptive parents are not required to file Form I-600A; however, doing so allows the adoptive parents to complete some of the most time-consuming parts of adopting a child prior to selecting a child. This means that once a child is located for adoption, the child will not have to remain outside the US while the family's eligibility for adoption is determined.

Meeting the Orphan Requirement

In order for a child from another country to be eligible for adoption by US citizens, the child must meet the legal definition of an orphan under US law. An orphan is defined by the US State Department as a "child [who] has no parents due to the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents; or the sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption." The child also must be under age 16, unless he or she is the sibling of a child you are adopting or have adopted.

Once the adoptive parents have located a child to adopt, they will need to file another form with the USCIS, the Petition to Classify the Orphan as an Immediate Relative (Form I-600). This form verifies the child is eligible for adoption.

Completing the Adoption

In the majority of cases, adoptive parents are required to complete the adoption in the child's home country. In some instances, the parents or a legal representative of the parents will be able to take guardianship over the child and return with him or her to the United States to complete the adoption. However, most countries require that the adoption be completed in their own courts.

Applying for a Visa

Once the USCIS has approved the Form I-600 petition, they will notify the US consulate or embassy in the child's home country. The adoptive parents then can file for an IR-3 visa (for children adopted abroad) or IR-4 visa (for child to be adopted in the US). To receive the visa, the adoptive parents will have to meet in person with an officer at the US embassy or consulate in the child's home country. As part of the process, officer will want to observe the child and the child will be required to undergo a medical exam to check for any communicable diseases or disabilities. The parents also will need to have a copy of the child's birth certificate and the child's passport (issued by the home country), in addition to any other documentation requested by the consulate. If the adoption was completed abroad, the parents also will need a copy of the adoption certificate. Once the visa application is approved, the child will be able to travel to the US.

Gaining US Citizenship

If the final adoption was completed overseas and the adopted parents saw the child in-person before or during the adoption, an adopted child will automatically become a US citizen once the visa is issued and the child is admitted to the US. If adoptive parents want to complete the adoption in the US, the child will acquire US citizenship once the adoption is complete and the parents file for a Certificate of Citizenship. Parents must complete this process before the child turns 16.

The Hague Adoption Convention

On April 1, 2008, the Hague Adoption Convention came into effect in the United States. Currently, 70 countries are members of the Convention. The process for securing a visa for a child adopted under the Hague Adoption Convention is similar to the process for adopting a child from a non-Convention country. However, adoptive parents will have to fill out the following forms in place of the I-600A and I-600 Petitions:

Application for Determination of Suitability to Adopt a Child from a Convention Country (Form I-800A)
Petition to Classify Convention Adoptee as an Immediate Relative (Form I-800)

Form I-800A checks the parents' eligibility to adopt a child while Form I-800 determines the child's eligibility to be adopted. Form I-800 must be submitted once the adoptive parents have located a child and must occur before they have adopted the child or taken custody of the child.

The information provided here is meant to be general. For advice on your specific international adoption questions, contact an immigration attorney in your area.

Getting Ready To Apply for a Visa

To read and print out a copy of the checklist, please follow the link below.

Getting Ready to Apply for a Visa

You can download a free copy of Adobe Acrobat Reader here.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.

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