FACTSHEETS FOR FAMILIES | SEPTEMBER 2020

Intercountry Adoption: What Do I Need to Know?

Intercountry adoption can be a rewarding but WHAT'S INSIDE complex process. It is subject to U.S. Federal and State laws as well as the laws in the country The Hague Adoption Convention from which you wish to adopt. If you would like to build your family by adopting a child from abroad, an overview of the requirements, Eligibility requirements and important considerations decisions, and steps and a list of resources will help you on that journey. Deciding where to adopt from This factsheet provides a guide to intercountry adoption, including information on requirements and processes you may need before and after Working with an adoption service provider you are matched with a child; how to select the adoption service provider that is right for you; and eligibility, immigration, and citizenship Adopting a child requirements. You'll also find information about how to prepare for parenting an internationally adopted child, bringing your child home, and tips Adjusting to a new family structure for adjusting to a new family structure for you and your new child. Conclusion

Additional resources

References

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 1 The U.S. Department of State is responsible Note: Some resources or organizations for overseeing intercountry adoption to refer to the Convention as "the Hague" and and from the United States, and you will therefore use terminology such as "Hague find helpful information on its Intercountry adoption" or "non-Hague process" rather than Adoption website. The U.S. Department of "Convention adoption" or "non-Convention Homeland Security's U.S. Citizenship and process." Although the terms are different, the Immigration Services (USCIS) has jurisdiction meaning is the same. over the suitability of the prospective ADOPTING FROM HAGUE CONVENTION adoptive parent(s) and the child's immigration AND NON-CONVENTION COUNTRIES requirements. USCIS's Adoption website also has helpful background information. There are two different intercountry adoption processes. One guides adoptions from THE HAGUE ADOPTION countries that are party to the Convention. CONVENTION The other guides non-Convention countries. The Hague Convention on Protection of Adoption and immigration processes usually Children and Co-Operation in Respect of occur in tandem, but each has its own Intercountry Adoption (the Convention) went elements and requirements. Your adoption into effect in the United States on April 1, service provider will guide you through the 2008. This international treaty is designed to entire process specific to the country from promote the best interests of children, birth which you decide to adopt. Websites from the families, and adoptive families in adoptions U.S. Department of State and USCIS provide between participating countries. It provides a general overview of the adoption and necessary and important protections to immigration processes for each of these: prevent the abduction, sale, and trafficking U.S. Department of State of children. In the United States, the Department of State is the designated Central ƒ Hague Adoption Process Authority for the Convention, and the Office ƒ Non-Hague Adoption Process of Children's Issues in the Department's Bureau of Consular Affairs is responsible for USCIS executing the day-to-day functions required ƒ under the Convention. Hague Process ƒ USCIS also plays a significant role in Orphan Process determining the suitability of prospective Over 100 nations, including the United States, adoptive parents and the child's eligibility are party to the Convention. In addition to to immigrate to the United States. For more providing important safeguards for children information, visit the U.S. Department of and families involved in the intercountry State's Understanding the Hague Convention adoption process, the Convention dictates webpage. that countries must first consider national

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 2 adoption solutions for placement of children Convention adoptions. In non-Convention domestically; ensure the child is legally countries, there may be additional steps eligible for adoption; preserve information required of the U.S. Embassy responsible for about the child and their family of origin; adjudicating the immigrant visa application work to match the child with a suitable and confirming the child's eligibility to adoptive family; and thoroughly evaluate the immigrate. One key difference is that if the suitability of the prospective adoptive family. child is from a non-Convention country, the U.S. Embassy processes the I-604 form The Intercountry Adoption Act of 2000 (Determination on Child for Adoption), (IAA) implemented the Convention in the commonly referred to as an "orphan United States. An important requirement determination." It generally takes several under the IAA is that adoption services in weeks or, in some cases, months, to complete Convention cases could only be provided by the orphan determination. Refer to the U.S. accredited agencies or approved persons, Department of State's Non-Convention adoption service providers supervised by Adoption Cases: Form I-604 Determination such accredited, or approved providers or and Immigrant Visa Appointment Scheduling by an exempted provider, unless all adoption webpage for more detailed information. services are provided by a public domestic authority. The U.S. Department of State provides an overview of the visa processes: The Intercountry Adoption Universal Accreditation Act of 2012 extends the ƒ Hague Visa Process safeguards provided by accreditation to ƒ Non-Hague Visa Process orphans who are being adopted from countries that are not party to the Hague ELIGIBILITY REQUIREMENTS AND Adoption Convention, to their adoptive IMPORTANT CONSIDERATIONS parents, and to their birth parents. This ensures that adoption service providers are all If you're interested in intercountry adoption, held to the same Federal standards, no matter you'll need to become familiar with the from which country a child is adopted. adoption regulations and guidelines of the U.S. Department of State. Additionally, you IMMIGRANT VISA PROCESSES: should be aware of USCIS's adoption eligibility CONVENTION AND NON-CONVENTION requirements, your home State's laws on DIFFERENCES immigration and citizenship, and the laws of Children adopted from other countries must the prospective child's country of origin. It's obtain U.S. visas (IH-3, IH-4, IR-3, or IR-4) also important to learn about the social and before they can travel or move to the United cultural context in which your prospective States. Because of the safeguards in place child was born and assess whether you can through the Convention, the immigration meet the child's needs. process is generally more streamlined in

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 3 ADOPTIVE PARENT ELIGIBILITY IMPORTANT CONSIDERATIONS REQUIREMENTS Prospective adoptive parents may also want to Eligibility requirements are subject to Federal think about these additional considerations: and State laws and the laws of the country from which you wish to adopt. ƒ Timeframe. It generally takes 1 to 5 years to complete an intercountry adoption. The ƒ Federal eligibility. USCIS determines the length and predictability of the process suitability and eligibility of prospective depend on the country, the adoption adoptive parents to adopt and the eligibility service provider, and the individual child of the child to immigrate to the United involved. It can also depend on your States. In general, USCIS has two basic background, including complex family eligibility requirements for prospective issues and mental health or financial parents: concerns that may affect the length to 1. Unmarried applicants must be U.S. navigate the home study process. citizens and at least 25 years old when ƒ Reasons the child needs a permanent they file the petition to adopt. family. As with children in the United 2. Married couples must jointly adopt the States, the main reasons children in other child, but only one spouse must be a U.S. countries need adoptive families include citizen. maltreatment, parental illness or death, U.S. requirements are addressed in more and abandonment. Factors in the child's detail on the USCIS webpages for the country of origin, such as the economy, Hague and orphan (non-Convention) policies on population control, famine, and processes. natural disasters, may also play a role in why the child is eligible for adoption. It is ƒ State eligibility. For State-specific important to understand how these factors information, visit Child Welfare Information may have affected the life of the child you Gateway's State Laws on Intercountry are considering adopting. Adoption webpage. ƒ Ages of eligible children. The international ƒ Foreign country eligibility. For country- adoption of children less than 1 year of age specific information about foreign has become increasingly less likely than in governments' eligibility requirements the past due, in part, to the Convention's for prospective adoptive parents and the commitment to the principle of subsidiarity. children they may adopt, visit the U.S. According to this principle, it's in the child's Department of State's Country Information best interests to remain with their birth webpage. For general information about or extended family whenever possible and eligibility, visit its Who Can Adopt and domestic placements are prioritized before Eligibility to Adopt webpages. intercountry adoption may be considered.

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 4 Consequently, the ages of children eligible from Information Gateway on its Adoption for adoption vary widely depending on the by Family Type: Racially and Culturally country. In general, the ages of children Diverse Families webpage. The National adopted from other countries ranges from Council For Adoption also has helpful 6 months to 16 years (although intercountry information on its website. adoptions at the latter age are less ƒ Age of child requested. As part of the home common). study process, you will be approved to ƒ Lack of information on the child: It is also adopt a child within a specific age range. very important for parents to understand However, knowing in advance the age range that information provided about the child you want to request allows you to choose a will likely be incomplete or inadequate. country that places children within that Parents need to be comfortable with range. The majority of children waiting for missing and possibly incorrect information adoption internationally are in an older regarding the child. As a result, it is critical range. Though infant adoptions used to be for parents to prepare for the unexpected. frequent, they are now quite rare in intercountry adoption. ƒ Needs of the children: Very often, these children are also in need of treatment to ƒ Special needs. The majority of children provide thorough nutritional, medical, and placed for adoption have some type of developmentally appropriate care. Also, medical, developmental, behavioral, and/or some countries have regulations prohibiting mental health related special need. It can be the separation of siblings. helpful to understand the profiles of children available for intercountry adoption DECIDING WHERE TO ADOPT from a particular country to determine FROM if it is a good match for the prospective You may have a variety of reasons for why adoptive family. you want to adopt from a particular country. ƒ Institution or foster care placements. Because agencies have different country In many countries, children who need programs, it is recommended that you choose permanent families are cared for in where to adopt from before choosing your institutions or orphanages, which may adoption service provider. If you are in the increase their risk of exposure to serious process of deciding where to adopt from, the trauma. Spending time in institutions early following information may help you narrow in life can cause harmful and sometimes your search. permanent effects in children, such as ƒ Racial and cultural diversity. Depending on developmental delays and behavioral and/ the country you select, your child's racial or attachment concerns (McCall and cultural background might be different & Groark, 2015). The age when a child from your own. Resources about racially enters an institution, the length of time in and culturally diverse families are available institutional care, and the quality of the institution or foster family are important

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 5 factors to consider when adopting. WORKING WITH AN ADOPTION Children adopted from institutions or SERVICE PROVIDER foster care may require additional medical, educational, and mental health support as Per the accreditation regulations of the IAA, well as families who understand their needs all agencies or persons providing any of the and how to help them. six specific intercountry adoption services listed below must be accredited or approved ƒ Travel requirements. Most countries per the U.S. Federal regulations 22 CFR §96, require prospective parents to travel to the §97, and §98, regardless of whether the child's country to complete the adoption adoption will fall under Convention or non- process. The number of trips required Convention processes. varies, as does the required lengths of stay. Traveling to your child's country of origin According to the IAA, the following are the may offer the added benefit of learning six intercountry adoption services (22 CFR about their culture. For more information § 96.2): on the benefits, refer to "The Top 10 Secrets 1. Identifying a child eligible for adoption and of Successful Adoption Travel" and "Family arranging an adoption Travel." 2. Securing the necessary consent to ƒ Processing time. The length of time it termination of parental rights and to takes to complete an adoption ranges from adoption country to country—and often within a country depending upon the child request 3. Performing a background study on a child (e.g., age of child, openness to medical or a home study on a prospective adoptive special needs, etc.). Adoption service parent and reporting on such a study providers can often provide estimates based 4. Making nonjudicial determinations of on the previous cases they have processed the best interests of a child and the for families. appropriateness of an adoptive placement ƒ Fees. Fees also vary depending on the for the child country, service provider, and needs of 5. Monitoring a case after a child has been the adoptive child. They typically range placed with prospective adoptive parents from $25,000 to $40,000 and cover agency until final adoption and foreign fees, a home study, and travel (R. Hanlon, personal communication, 6. Assuming custody and providing (including September 21, 2020). Accredited adoption facilitating the provision of) child care service providers are required by law or any other social service pending an to provide a comprehensive schedule alternative placement when necessary of expected fees. For more about the because of a disruption before final financial aspects of intercountry adoption, adoption read Information Gateway's Planning for Adoption: Knowing the Costs and Resources.

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 6 In addition to the six adoption services, Many adoption service providers have detailed an accredited adoption service provider websites with helpful information for your will assist you to obtain a home study, search. A reputable provider will walk you and complete required training and other through the adoption process and help you preparation for an intercountry adoption. with the following:

To be approved or accredited, adoption ƒ Prepare you to become an adoptive parent service providers must meet eligibility through classes on parenting and adoption requirements in nine areas, including ethical issues or referrals to such programs practices, information disclosure, and service ƒ Contact USCIS about immigration laws and planning. In addition, each Convention forms country may have its own accreditation requirements. Accredited providers generally ƒ Handle or help troubleshoot problems handle intercountry adoptions from specific along the way countries, and the country where you plan to adopt may also have authorization ƒ Provide information or direct services requirements that limit which provider you for postadoption reporting, citizenship are able to use. To find an accredited and acquisition, and postadoption supports. approved provider, visit the U.S. Department You should look for a provider who of State's Adoption Service Provider Search understands your values and priorities webpage. and will help you throughout the entire It's normal to work with a primary provider— intercountry adoption and immigration the accredited agency or approved person processes. To decide on an adoption service responsible for ensuring that all six adoption provider who is right for you, research services are provided—who is not in your providers who have specific experience State and partner with a local home study in your country(ies) of interest. Review agency. If you do not locate an accredited providers' websites and contact them provider with a program that meets your directly to learn more about the services needs or works in the country where they offer. Experienced providers will offer you wish to adopt, please see Finding a in-person or virtual sessions to answer your Primary Provider on the Intercountry questions openly, including those about fees. Adoption Accreditation and Maintenance These sessions are usually free. Researching Entity (IAAME) website. (IAAME is the U.S. different providers may help you find the one Department of State-designated accrediting that best meets your needs (Refer to Choosing entity. If you have additional questions, you an Adoption Professional for guidance on may contact IAAME for assistance.) selecting one.) You can also ask to speak to adoptive families who used the provider's services or check with your local Better Business Bureau.

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 7 For a list of agencies denied accreditation, ƒ In which countries does the provider have visit the Department of State's Agencies intercountry adoption programs? How long Denied or Subject to Adverse Action webpage. has the provider had programs in those You may review information about complaints countries? and adverse actions against all accredited ƒ How long has the provider been involved in adoption service providers on the IAAME intercountry adoptions? website by clicking on "Substantiated Complaints and Adverse Action Report" to ƒ Can you speak with other families who have download the most up-to-date report. adopted a child with similar circumstances?

QUESTIONS TO ASK ADOPTION SERVICE ƒ How many children has the provider placed PROVIDERS (both from the country of interest and The following questions can help you overall)? determine which provider may best meet your ƒ How does the adoption service provider family's needs: receive referrals (the packet of information ƒ By which State is the provider licensed? Is about a potential adoptive child)? the license in good standing? ƒ What training or support does the provider ƒ Has the provider had any complaints filed offer to help parents prepare to adopt and against them, and if so, what were they then parent a child with special needs? about and what was the outcome? ƒ What training or support does the provider ƒ Has the provider ever been denied offer to help parents prepare to adopt and accreditation? Why? then parent a child who is culturally or racially different from them? ƒ Does the provider offer all adoption services? What other organizations may be ƒ Does the provider have overseas staff or use involved in providing some of these services the services of facilitators or lawyers? How in a specific case? (For example, if your does the provider monitor or supervise the adoption services provider is only helping work of those individuals? to conduct your home study, ask which ƒ How do the provider's contacts who work other providers may help identify a child in other countries (such as staff, facilitators, for adoption, obtain the termination of the or lawyers) identify children needing birth parents' parental rights, or monitor families? Does the provider travel regularly the case until the adoption is finalized.) to the countries of origin? ƒ Does the provider offer a written contract ƒ What services are provided after your child that outlines the services offered, fees, and comes home? How long are they available? expectations of the client and provider? ƒ What happens if you change your mind and ƒ What are the provider's minimum decide not to adopt? requirements for prospective parents?

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 8 ƒ What, if any, is the refund policy if an agency) may operate from anywhere in the adoption does not occur or if the country United States. You also must complete at closes to adoptions? Can they provide that least 10 hours of training before the adoption policy in writing? in addition to any other requirements of your State of residence. Your child's country ƒ Does the provider offer services in of origin may have additional training the unlikely event that the adoption is requirements for prospective adoptive dissolved? parents. You may be exempted from training ƒ How many past clients have disrupted by the primary provider if you already have a placement or dissolved an adoption? completed other sufficient training. What supports did the provider offer such families, and what were the reasons the families made their decisions? Investing in Training and

ADOPTING A CHILD Development for Foster/Adoptive Families Whether you adopt a child from a Convention or non-Convention country, this section In 2017, the Children’s Bureau awarded provides information on the general steps you a 5-year grant to Spaulding for Children will need to complete before and after the to develop the National Training and adoption is finalized. It includes health and Development Curriculum for Foster and mental health concerns to consider before Adoptive Parents (NTDC). NTDC provides you bring your child home, support services foster and adoptive parents with the to help after your child is home, and how to training, knowledge, and ongoing skills complete the citizenship acquisition process they need to effectively parent children and for your child. youth. The curriculum addresses medical, PREPARING AND TRAINING FOR psychological, developmental, emotional, ADOPTION and mental health considerations for Like all prospective adoptive parents, you prospective adoptive parents. The will need to complete a home study; submit curriculum also includes several areas immigration forms; and put together a of knowledge and skills specifically for dossier, which is a collection of your family's parents interested in intercountry adoption personal records (e.g., proof of identity, to help them support the children they finances, health, other children in the home, adopt and help themselves understand fingerprints for clearance checks) required the intercountry adoption process. It is also by the legal system of the child's country of critical for prospective adoptive parents origin to process the adoption. While the to get child-specific and country-specific agency that conducts your home study must training before traveling to the child’s be licensed in your State of residence, the country of origin. accredited adoption service provider that serves as the primary provider (or placing

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 9 MATCHING AND PLACEMENT PROCESS (if known), placement history, any exposure to trauma, and expected emotional or A few months to a year or more after mental health needs. Do not be afraid to completing the required paperwork, your ask for additional information, particularly family may be chosen for a specific child for if a professional raises issues that concern possible placement, or you may receive a you (See the section belon on physical specific child profile for consideration. The and behavioral health considerations for specific referral or matching process may additional information and resources.) vary depending on the country and adoption service provider involved.

A few countries may allow families to be Adoption of Relatives directly involved in this step by viewing photolistings of waiting children. Many If you are interested in adopting a child to adoption service providers and some private whom you are related, you are required advocacy organizations offer their own to follow the same steps as you would photolistings you can view that include for a nonrelative adoption. A prospective pictures and brief descriptions of children adoptive child who is related to you must eligible for intercountry adoption. qualify for intercountry adoption and immigration to the United States under When a specific child is identified, you will the same criteria as unrelated children receive a referral (a packet of information about the child). This packet usually includes under the Convention or non-Convention the child's picture and information on their processes. The specific requirements health and history, if available. Medical depend on the country in which your information, however, may be inaccurate or relative lives. limited. You will likely have a minimum of 2 The adoption of a stepchild is not generally weeks to consider the available information handled as an intercountry adoption. and decide whether you can meet this child's needs. Ask questions of your provider or a For the most up-to-date information on doctor who specializes in internationally adopting a relative through intercountry adopted children before you accept the adoption, visit the U.S. Department of placement. Some clinics specialize in State’s Adopting a Relative for Immigration intercountry adoptions, so you can use them to the United States webpage and USCIS’ to have the medical information reviewed Other Adoption-Related Immigration by a doctor who is trained in this area. Pay particular attention to the information webpage. related to the child's health, prenatal health

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 10 If you are unsure about whether you can placed in the home. This could be through make the changes necessary to incorporate a formal or informal support group, mental the child into your family, it is better to stop health services, other adoptive families, the process before meeting them than to books and trainings on topics specific to your later risk a possible disruption (ending the adoption process, and through the support of adoption process after legal placement but your adoption agency. before finalization) or dissolution (ending PHYSICAL AND BEHAVIORAL HEALTH the adoption after finalization). Children CONSIDERATIONS who experience disruptions or dissolutions face new grief, rejection, and compounded Although there is a very wide diversity among trauma. More information on this topic is on children awaiting adoption in terms of their Information Gateway's Adoption Disruption/ age, gender, skin color, religion, ethnicity, Dissolution webpage and in Adoption and other personal and socio-demographical Disruption and Dissolution. aspects, there are some general factors that they share: Children adopted through intercountry adoption may be at risk for unregulated ƒ They are primarily residing in orphanages, custody transfer, sometimes referred to as with some in foster care or other child "rehoming," which occurs when adoptive welfare settings. parents informally (i.e., without involving ƒ Many children placed for intercountry child welfare professionals or courts) place adoption have known medical special their child in a home other than theirs with needs. The needs can cover a wide range of the intention of permanently transferring issues—from minor, medically correctible custody. (Child Welfare Information Gateway, needs to more profound needs that impact 2018b; U.S. Government Accountability Office, a child's daily independent functioning. 2015). Unregulated custody transfer puts the child at risk of abuse, neglect, and other poor ƒ Children without a diagnosed or suspected outcomes, and many State laws attempt to medical or cognitive special need may prevent it. (Refer to Information Gateway's still have unreported short- or long-term Unregulated Custody Transfers of Adopted special needs that could impact their health Children for more information.) and development.

It is critical that families be as prepared ƒ Sibling groups often await adoption as a as possible to move into this journey with unit. commitment and a full understanding of Children eligible for intercountry adoption the challenges that they may encounter. often have special needs and health To reduce the likelihood of relational conditions that may be treated in the breakdowns, families should obtain support United States more easily than in the child's prior to being matched, during the process of country of origin. These challenges may be being matched, and after the child has been

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 11 accompanied by trauma from their early life records sometimes are not complete or experience as well as deep feelings of loss accurate. Parents should consider requesting and grief for their birth families, culture, copies of the original medical records so that community, friends, food, and language. U.S. health professionals who are fluent in Refer to Information Gateway's The Impact that language can review and translate them. of Adoption to learn more about core issues When reviewing the medical information of a experienced in adoption. child with whom you are matched, consider Also, children who live in institutions are that child's expected health and behavioral sometimes exposed to physical or sexual health needs so you can have realistic short- abuse and/or neglect, which can contribute and long-term expectations. A doctor familiar to physical and behavioral health concerns. with intercountry adoption can help you Sometimes children may not feel safe to share understand the information you receive about information, particularly about sexual abuse, your child's health and development. until they feel comfortable with their adoptive Visit the following resources for general families, who may be the first people to learn information on the health needs and concerns about the maltreatment. commonly associated with adopting a child Given the possible lack of health and other from another country: life history information about the child, you ƒ Health Considerations (U.S. Department of may learn of your child's special needs after State) placement, whether or not you had planned and prepared to adopt a child with special ƒ Medical Examination (U.S. Department of needs. Refer to Information Gateway's State) Obtaining Background Information on Your Prospective Adopted Child for details on how ƒ Adopting a Child From Another Country to find personal information about your (Intercountry Adoption) (Centers for prospective adoptive child. Disease Control and Prevention)

The American Academy of Pediatrics ƒ Internationally Adopted Children: Important recommends a comprehensive health Information for Parents (American Academy evaluation for all children who are adopted, of Pediatrics) including those adopted internationally (Jones ƒ The Role of Pre-Placement Medical Review et al., 2019). Reputable providers will give you in Contemporary Adoptions: Setting as much medical information as possible from Expectations, Assessing a Child's Needs, and your child's country of origin, including the Supporting Successful Family Formation child's background. But they cannot guarantee (National Council For Adoption) the information is accurate or complete. The type and quality of available information Arrange for your adopted child to have a will vary depending on the country and the medical exam with a pediatrician specializing child's situation. Health records will be in the in adoption health soon after you bring your language of the child's country of origin and child home. may need to be translated, and translated

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 12 OBTAINING LEGAL CUSTODY AND Requirements vary depending on the type ADDITIONAL ACTIONS of immigrant visa your child received. Your adoption service provider can tell you about Your adoption service provider will guide you what must be done in your specific case, but through the appropriate and required steps the following are possible other steps: in the legal adoption process, which typically begins after you accept a referral for a specific ƒ Finalize your child's adoption or readopt child. Some countries may require you to your child in a U.S. court. If your child finalize the adoption in their jurisdiction. received an IR-4 or IH-4 category visa, Other countries may only transfer legal which are generally issued when the foreign custody/guardianship to you or your adoption court issues a guardianship order instead service provider and not complete a final of an adoption order, you must finalize adoption. In that case, you must finalize the the adoption in a U.S. State court before adoption in a U.S. court to establish the child's your child can acquire U.S. citizenship. It U.S. citizenship. is recommended to readopt your child in the United States if your child is not from For a child from a Convention country, do not a Convention country. If your child is from adopt or accept legal custody of the child until a Convention country, readoption is not the following have occurred: typically required. For more information ƒ USCIS has provisionally approved your on State laws and why readopting in the petition to classify the Convention adoptee United States may be beneficial in some as an immediate relative (Form I-800). cases, visit Information Gateway's Meeting Citizenship Requirements webpage, which ƒ The U.S. Department of State has advised covers readoption. the central authority in the child's country of origin that you have been found suitable ƒ Obtain documentation of your child's U.S. and that the child appears eligible to come Citizenship. USCIS will automatically issue to the United States if adopted or if legal a Certificate of Citizenship to children custody for the purpose of adoption is who enter the United States with an IR-3 granted. This is often referred to as the or IH-3 category visa to reside with the "Article 5 letter." adoptive parents. For children who do not automatically acquire citizenship and who Additional actions may be required by parents must take additional steps in the U.S. immigration law, State law, the law State of residence, the parents may apply to or regulations of your child's country of USCIS for a Certificate of Citizenship or to origin, or your adoption service provider the Department of State for a U.S. passport. before or after you bring your child home.

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 13 ƒ Obtain a Social Security number for ƒ Support groups your child. The U.S. Social Security ƒ Therapy or counseling Administration will assign your child a Social Security number before you ƒ Respite care obtain proof of U.S. citizenship. If your child entered the United States on an ƒ Camps, social events, and heritage activities IR-4 or IH-4 visa and was granted Lawful ƒ Information resources Permanent Resident status but did not acquire U.S. citizenship automatically, you ƒ Support in maintaining relationships with will need to provide proof that your child birth families, including search and reunion subsequently acquired citizenship after Although the availability of services may you completed a full and final adoption vary depending on your State or locality, the and satisfied any remaining requirements. Federal Government encourages States to Records will not show your child is a U.S. provide services to any adoptive family that citizen until you provide this proof with needs them (Children's Bureau, 2014). To either a Certificate of Citizenship or a U.S. view information on services by State, visit passport. For more information, refer to Information Gateway's Adoption Assistance Social Security Numbers for Children. by State webpage. It is important to note that The following Information Gateway adoption services may be offered by the child publications may be helpful in determining welfare agency but open to any family who what additional actions may be required in has adopted. your case: The following are additional resources about ƒ State Recognition of Intercountry Adoptions adoption support and preservation services: Finalized Abroad ƒ What to Expect After Adoption (U.S. ƒ Completing Intercountry Adoptions Not Department of State) Finalized Abroad ƒ Accessing Adoption Support and SERVICES FOR AFTER AN ADOPTION IS Preservation Services (Information Gateway) FINALIZED ƒ Finding and Working With Adoption- Your family will likely need some level of Competent Therapists (Information support and services after the adoption is Gateway) finalized. This need may arise years after the adoption is finalized. Work with your adoption service provider before your child's adoption is finalized to ensure you know where and how to access services if the need arises. The following are examples of adoption support and preservation services (Child Welfare Information Gateway, 2018a):

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 14 citizenship automatically if the child meets the following conditions: Submitting Postadoption Reports and Pictures ƒ Is under the age of 18;

Many countries require parents to submit ƒ Enters the United States as a permanent reports on the progress and welfare resident; and of their child after the adoption has ƒ Resides in the United States and is in the been finalized. Postadoption reporting legal and physical custody of at least one requirements vary by country. For parent who is a U.S. citizen example, some may require annual reports For many internationally adopted children, for 5 years or perhaps until the child is 18 citizenship is acquired automatically, years old. Ensuring these reports are filed but documentation of citizenship is not. in a timely manner is an important factor Therefore, obtaining documentation for them in fostering positive relationships between is important. A Certificate of Citizenship the United States and your child's country issued by USCIS, or a U.S. passport issued of origin, paving the way for future by the U.S. Department of State, provides intercountry adoptions. Failure to submit proof of U.S. citizenship for children who these reports to foreign countries has become citizens through adoption. This is caused adoption programs to shut down, different than the certificate provided with so it's important that you are aware of Convention adoptions that states the adoption reporting requirements and adhere to complies with the Convention. The process them. Visit the U.S. Department of State's for obtaining the Certificate of Citizenship Post-Adoption Reporting Overview depends on the type of visa your child was webpage for additional information. issued. Check the stamp on your child's passport to determine the type of visa issued.

You may be able to obtain a passport for ACQUIRING AND DOCUMENTING U.S. your child from the U.S. Department of State CITIZENSHIP before receiving the Certificate of Citizenship, Acquiring and documenting your child's U.S. but the adoption must be full and final citizenship is important to ensure they are according to U.S. Federal law. The "full effect" able to enjoy certain rights and privileges, of a foreign adoption decree means that including applying to colleges for financial you and your child have the same rights and aid, being eligible for certain types of obligations as you would have if a State court employment, or registering to vote. Most had issued the adoption decree. Even if you children adopted from abroad acquire U.S. have obtained a passport for your child, the citizenship automatically when they enter the Certificate of Citizenship is still recommended United States under the terms of the Child as the best proof of citizenship as it does not Citizenship Act of 2000. In general, a child expire and is issued from USCIS. whose adoption is finalized abroad acquires

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 15 Your child will not acquire citizenship ADJUSTING TO A NEW FAMILY automatically if they enter the United States STRUCTURE as a permanent resident with either an IR-4 or IH-4 visa. For example, one common scenario Parents are often unprepared for the for issuance of this category of visa is if both emotional challenges they and their children adoptive parents do not travel to the child's face when their family grows through country of origin, and both do not appear adoption. Information Gateway provides for the visa interview with the child. In this several factsheets and webpages to help you case, it is essential that you first finalize your and your child adjust: child's adoption in the appropriate State court ƒ Parenting Your Adopted Preschooler, and meet other State-specific requirements Parenting Your Adopted School-Age Child, before your child can acquire citizenship. and Parenting Your Adopted Teenager offer Some individuals who were legally adopted tips for helping your child adjust to a new and have been U.S. residents for most of their home and family and explore common lives learn later that they do not hold U.S. parenting considerations, including citizenship because their adoptive parents adoption and child development, gaps did not fulfill citizenship requirements. Some in developmental stages, discipline, and adoptees may discover this as young adults improving your child's school experience. when applying for certain jobs, registering to ƒ After Intercountry Adoption provides vote, or applying for a U.S. passport. resources to help in a variety of Visit the following webpages for more areas, including understanding health information on obtaining and documenting assessments and evaluations, obtaining citizenship for your child: documents, and helping your child reconnect with their cultural roots. U.S. Department of State ƒ The Impact of Adoption provides an ƒ Obtaining Citizenship or Documenting overview of the seven core issues in Acquired Citizenship for Adopted Children adoption and how they may affect children and adults who have been adopted, birth ƒ Documenting U.S. Citizenship for Your parents, and adoptive parents. Child Adopted Abroad The National Council For Adoption also USCIS provides an Intercountry Adoption webpage ƒ U.S. Citizenship for an Adopted Child as another helpful resource for adoptive families. ƒ After Your Child Enters the United States During this transition and throughout your ƒ Certificate of Citizenship for Your lives as an adoptive family, staff from the Internationally Adopted Child adoption service provider may be a valuable

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 16 source of support. Your adoption agency may CONCLUSION provide services that last from 6 months to several years after placement. You can locate Navigating the laws and process of resources and referrals for additional services intercountry adoption is challenging, but an from a variety of sources, such as the internet accredited adoption service provider can or the local library. For more information guide you through a successful journey, from about support and services for after adoption, arranging a home study to documenting refer to Information Gateway's Accessing your child's citizenship. If you decide that Adoption Support and Preservation Services. intercountry adoption is right for you, actively preparing for your child's needs and your own will smooth the transition for you and your growing family. Children who have Contact With Birth Families endured potentially traumatic experiences With the enormous amount of information before they join your family deserve parents available online throughout the world, who know their needs and how to care for more people are finding each other them. Preparing for your child's physical and behavioral health and considering your through online searches. Children and family's adjustments will help ready you youth who are adopted frequently search for the complex and exciting journey of for their birth families and vice versa. Feel welcoming a child from another country into free to ask your adoption service provider your home. about how you can support your child in safely using the internet and social ADDITIONAL RESOURCES media and how to navigate newly formed Information Gateway: Includes several relationships with the child’s birth family. It publications and web sections on intercountry is important for adoptive families to share adoptions: information they have about the birth family with the child and to be supportive ƒ Adoption Options: Where Do I Start? in acknowledging and honoring not only ƒ Obtaining Background Information on Your the child’s birth family but their culture, Prospective Adopted Child race and community. This supportive ƒ Adopting Children From Another Country atmosphere will help the child to develop their full identity. For more information ƒ After Intercountry Adoption about maintaining connections ƒ Adoption by Family Type: Racially and and contact with birth families, visit Culturally Diverse Families Information Gateway’s Ongoing Contact With Birth Families in Adoption webpage U.S. Department of State: Provides and Helping Your Adopted Children information on a wide range of intercountry Maintain Important Relationships With adoption topics, such as the Hague Family factsheet. Convention, the adoption process, and country-specific notes

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 17 USCIS: Details Convention and non- REFERENCES Convention process for intercountry adoptions Children's Bureau. (2014). Re-homing of adopted children: Responsibilities for States University of Minnesota Adoption Medicine and opportunities in the provision of post- Clinic: Addresses health issues related to adoption services (ACYF-CB-IM-14-02). U.S. children adopted from other countries Department of Health and Human Services, Administration for Children and Families. American Academy of Pediatrics: Includes a https://www.acf.hhs.gov/cb/resource/ listing of pediatricians by State who specialize im1402 in providing services to adopted children and information about health-related adoption Child Welfare Information Gateway. issues (2018a). Accessing Adoption Support and Preservation Services. Washington, DC: U.S. ComeUnity: Highlights information on health Department of Health and Human Services, issues related to intercountry and domestic Children's Bureau. adoptions, including a list of clinics and doctors that specialize intercountry adoption Child Welfare Information Gateway. (2018b). Unregulated custody transfers of adopted International Adoption Help: Lists adoption children. Washington, DC: U.S. Department clinics that specialize in international medical of Health and Human Services, Children's and health information Bureau. National Council For Adoption: Offers a Jones, V. F., Schulte, E. E., & Council on Foster Convention-compliant training, "Intercountry Care, Adoption, and Kinship Care. (2019). Adoption Journey," that prepares prospective Comprehensive health evaluation of the adoptive parents for the unique challenges newly adopted child. Pediatrics, 143(5), of parenting a child adopted from another e20190657. https://doi.org/10.1542/ country peds.2019-0657

McCall, R. B., & Groark, C. J. (2015). Research on institutionalized children: Implications for international child welfare practitioners and policymakers. International Perspectives in Psychology: Research, Practice, Consultation, 4(2), 142–159. https://doi.org/10.1037/ipp0000033

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 18 U.S. Government Accountability Office. (2015). Steps have been taken to address unregulated custody transfers of adopted children (GAO-15-733). https://www.gao. gov/assets/680/672575.pdf

SUGGESTED CITATION:

Child Welfare Information Gateway. (2020). Intercountry adoption: What do I need to know? Washington, DC: U.S. Department of Health and Human Services, Administration for Children and Families, Children's Bureau.

U.S. Department of Health and Human Services Administration for Children and Families Administration on Children, Youth and Families Children’s Bureau

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. This publication is available online at https://www.childwelfare.gov/pubs/factsheets-families-intercountry/.

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 19