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Completing Intercountry Adoptions Not Finalized Abroad STATE STATUTES CURRENT THROUGH MAY 2019 Completing Intercountry Adoptions Not Finalized Abroad To find statute information for a particular State, go to https://www.childwelfare.gov/topics/systemwide/laws-policies/state/. WHAT'S INSIDE Intercountry adoption refers to the adoption of children in one country by parents who Requirements for completing the adoption are in a different country and the child, in connection with the adoption, will immigrate to the adoptive parents' country1. Intercountry Acquisition of U.S. citizenship adoptions may be finalized abroad or domestically in accordance with the laws of Required evidence/documentation the child's country of origin or may involve the issuance of a guardianship order by a court in the child's country, followed by a final adoption Background studies for completion of adoption order in the United States. The adopting individual or couple must comply with the laws of the child's country of origin, U.S. Federal Placement supervision and reporting immigration law, and the laws of the adoptive parents' State of residence. Effect of adoption decree on parental rights 1 See 22 C.F.R. 96.2 Obtaining a U.S. birth certificate Summaries of State laws Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 1 While many intercountry adoptions are was not finalized abroad, the documentation finalized in the child's country of origin before necessary for completing such an adoption, the child immigrates to the United States, information on obtaining a birth certificate there are instances when the adoption is after the adoption is completed, and more. not finalized in the child's country of origin. It includes a summary of State laws for all 50 For example, in some countries of origin, States, the District of Columbia, American the law does not allow for adoption. When Samoa, Guam, the Northern Mariana Islands, the adoption cannot be completed in the Puerto Rico, and the U.S. Virgin Islands. country of origin, a guardianship order is issued for the purpose of an adoption in the REQUIREMENTS FOR United States. In such cases, the child will be COMPLETING THE ADOPTION issued an IR-4 or an IH-4 visa, be admitted Prospective adoptive parents should refer to the United States as a lawful permanent to the U.S. Department of State and U.S. resident (LPR,) and issued a "green card" Citizenship and Immigration Services as evidence of LPR status. The child will (USCIS) websites for more information on not be able to acquire U.S. citizenship until the intercountry adoption and immigration the adoptive parents complete the child's processes, including age, citizenship, and adoption in accordance with the State laws other eligibility requirements, before in the parents' legal State of residence. For commencing an intercountry adoption. further information, including discussion Intercountry adoptions to the United States of other reasons an adopted child may be are subject to the Hague Convention on issued an IR-4 or IH-4 visa, please see USCIS's Protection of Children and Co-operation publication, Your New Child's Immigrant Visa. in Respect of Intercountry Adoption. The Convention established provisions for This publication specifically addresses conducting intercountry adoptions that are situations involving children who enter the designed to promote the best interests of United States under a guardianship order children, birth families, and adoptive families for the purpose of an adoption in the United and to prevent the abduction, sale, and States. Information regarding children whose trafficking of children.2 The Intercountry intercountry adoptions were finalized in a Adoption Act of 2000 (IAA) implemented the foreign court and who entered the United Convention in the United States (effective States on IR-3, IH-3, IR-4 or IH-4 visas is April 1, 2008). An important requirement available in the Child Welfare Information under the IAA is that U.S. citizens applying Gateway publication State Recognition of to adopt a child from a country that is also Intercountry Adoptions Finalized Abroad. party to the Convention must work with a This publication outlines the legal U.S. accredited or approved adoption service requirements for completing the adoption of provider (an adoption agency). In July 2014, a child who enters the United States on an the Universal Accreditation Act of 2012 IR-4 or IH-4 visa issued because the adoption extended this requirement to intercountry 2 For more information about the provisions of the Hague convention, see the Child Welfare Information Gateway publication Intercountry Adoption From Hague Convention and Non-Hague Convention Countries at https://www.childwelfare.gov/pubs/ factsheets/hague/. Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 2 adoption from countries not party to the other requirements. The person(s) who wish Hague Adoption Convention. Consequently, all to adopt the child must file a petition with intercountry adoptions to the United States the court having appropriate jurisdiction in must involve an accredited adoption service their State of residence; State statutes specify provider. the information that must be included in the petition. A hearing will be held to review Information about the intercountry adoption the petition and examine any witnesses. process is available on the Department of If the court is satisfied that the adopting State website, https://travel.state.gov/ parent(s) can provide a suitable home for the content/travel/en/Intercountry-Adoption. child and that the adoption is in the child's html and on the USCIS website, www.uscis. best interests, it will grant a final decree of gov/adoption. adoption. ACQUISITION OF U.S. After the adoption is completed, the child CITIZENSHIP acquires U.S. citizenship by operation of law A child who immigrates to the United States under the provisions of the Child Citizenship as the adopted child of a U.S. citizen will Act of 2000.4 A child born outside of the automatically become a U.S. citizen, pursuant United States automatically becomes a U.S. to the Child Citizenship Act of 2000, if the citizen when all the following conditions have adoption is full and final before the child's been fulfilled: 18th birthday, if the child is admitted to the At least one of the child's parents is a U.S. United States as an LPR before his or her 18th citizen by birth or naturalization. birthday, and if he or she is residing in the United States in the U.S. citizen parent's legal The child is younger than age 18. and physical custody.3 The child is residing in or has resided in However, when a child enters the United the United States in the legal and physical States under a foreign guardianship order and custody of the U.S. citizen parent pursuant without a full and final adoption, he or she to a lawful admission for permanent is admitted to the country as an LPR with an residence. IR-4 immigrant visa (if the country of origin is not party to the Convention) or an IH-4 The adoptive parent may apply for visa (if the country of origin is party to the documentation of their child's U.S. citizenship Convention). Before the child can acquire U.S. by applying to USCIS for a Certificate of citizenship, the child's adoptive parents must Citizenship or by obtaining a U.S. passport for complete the adoption in an appropriate State the child. court in their State of residence and meet 3 For more information, see https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states/ after-your-child-enters-united-states 4 For more information about the Child Citizenship Act, see the webpage of the U.S. Department of State at https://travel. state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html or the USCIS webpage at https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4. Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 3 REQUIRED EVIDENCE/ satisfaction of the foreign court and based on DOCUMENTATION FOR the laws of the child's country of origin.5 The COMPLETION OF ADOPTION laws in approximately 28 States,6 the District of Columbia, Guam, and the Northern Mariana The specific documents that must be attached Island allow courts to accept any of the to an adoption petition vary from State to following as consent to the child's adoption: State, but some of the documents that may be required include the following: A legally executed relinquishment of parental rights A copy of the adoptee's birth certificate, verification of birth, hospital birth Judicial decrees terminating parental rights registration, or other satisfactory proof of date and place of the child's birth A decree or order of guardianship issued by a court in the child's country of birth Certified copies of all necessary consents to the adoption or court orders terminating The decisions and orders of foreign courts the parents' parental rights and government agencies regarding the legal status of the child If applicable, a copy of the final decree or order of guardianship from the country of BACKGROUND STUDIES the child's former residence Federal law requires that a home study of the prospective adoptive parents be completed Certified English translations of any before a child may be placed with the documents not written in English prospective adoptive parents for adoption, Copies of any available preplacement guardianship, or custody. USCIS uses the assessments and postplacement reports home study to determine whether the prospective parents are suitable and eligible A copy of any report regarding the health to adopt a child abroad and bring the child to and social background of the child to be the United States.
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