Chapter 4 - Home Studies

A. Purpose and Scope

A home study is a process where a licensed or authorized home study preparer screens and prepares prospective adoptive parents (PAPs) for adoption. A home study concludes with a report that makes recommendations about a PAP’s suitability to adopt based on the assessments described in this chapter. Home studies must address all required content,^[1] but USCIS does not have a required format. Home studies must comply with applicable laws and policies in the:

• PAP’s place of residence (U.S. state or territory, or foreign country);

• Child’s country of origin; and

• United States (federal laws governing adoption and immigration).^[2] 

Summary of Home Study Requirements

Requirement	Summary
Authorized home study preparers	Only licensed or authorized persons or agencies may conduct home studies.
Visits and interviews	The home study preparer must conduct at least one interview in-person and at least one home visit with the PAP, at least one interview with any adult member of the household (AMH), and observe any children in the home, when possible.
Household member information	The home study preparer must assess the impact of each household member (PAP, AMH, and child in the home) on the suitability of the PAP’s household.
Family history	The home study preparer must assess the PAP’s family and parenting history.
Living accommodations	The home study preparer must assess the suitability of the PAP’s living accommodations.
PAP immigration status	The home study preparer must ask the PAPs about their citizenship and immigration status. If the applicant’s spouse resides in the United States and does not have lawful permanent resident status, the home study preparer should address any impact this may have on the stability of the home so USCIS can evaluate if the family’s situation is sufficiently stable to be found suitable.
Financial resources	The home study preparer must assess the PAP’s ability to financially support adopted child(ren).
Physical, medical, emotional, and behavioral health	The home study preparer must assess the physical, mental, emotional, and behavioral health of all household members (the PAP, AMH, and children in the home, as applicable).
Criminal history and history of abuse or violence	The home study preparer must assess if any household member (the PAP, AMH, and children in the home, as applicable) has a criminal history or history of abuse or violence as an offender, including child abuse, sexual abuse, family or domestic violence, substance abuse and criminal activity, and if so, the impact on suitability.
Child abuse registry check	The home study preparer must ensure a check has been done with any available child abuse registries[3] for any state, territory, or foreign country in which a PAP or any AMH has resided since their 18th birthday.
Evidence of rehabilitation	If the PAP or any household member has a criminal history, or a history of any kind of abuse or violence as an offender, the home study preparer may only make a favorable finding if the person has achieved appropriate rehabilitation.
Prior home studies	The home study preparer must evaluate the relevance of any prior or terminated home studies on suitability.
Preparation and training	The home study preparer must ensure the PAP receives the required number of hours of preparation and training unless an exemption applies. The home study should summarize training provided and plans for any future training and preparation.
Country-specific requirements	The home study preparer must assess the PAP’s suitability specific to each country from which they may adopt.
State-specific requirements	The home study preparer must prepare the home study according to the requirements that apply to a domestic adoption in the state of residence if the PAP’s actual or proposed residence is in the United States.
Special needs-specific requirements	If the PAP seeks to adopt a child with special needs, the home study preparer must assess the PAP’s ability to care for a child with special needs.
Specific recommendation for adoptions	The home study preparer must make specific recommendations for adoption based on their assessment of the PAP’s suitability. The home study preparer must address any potential problem areas in their assessment. This includes making a referral to an appropriate licensed professional for an evaluation and written report.
Duty of disclosure	The home study preparer must advise the PAP and any AMH of the ongoing duty of disclosure throughout the intercountry adoption process.
Review, signature, and attestation	An accredited agency[4] must review and approve the home study if not performed in the first instance by an accredited agency, unless a public domestic or public foreign authority conducted the home study.
Validity	The home study, or the most recent update, cannot be more than 6 months old at the time of submission to USCIS. If a home study will be more than 6 months old at the time of submission to USCIS, it must be updated before submission.

Authorized Home Study Preparers: Requirements

Only licensed or authorized persons or agencies may conduct home studies.^[5] The home study preparer (other than a public domestic or public foreign authority) must hold any license or other authorization required under the law of the jurisdiction where the home study provider conducts the home study.^[6] The following table provides an overview of who can be an authorized home study preparer for PAPs who reside in the United States and for those who reside outside of the United States.^[7]

Overview of Authorized Home Study Preparers

Home Study Preparer	PAPs Residing in the United States	PAPs Residing Outside the United States
Accredited Agency	X	X
Approved Person	X	X
Supervised Provider	X	X
Exempted Provider	X
Public Domestic Authority	X
Public Foreign Authority		X

Statement of Home Study Preparer’s Authority

The home study preparer must include a statement of the preparer’s authority to conduct home studies.^[8] The statement must:

• Specify the state, territory, or country under whose authority the home study preparer is licensed or authorized;

• Cite the specific law or regulation authorizing the preparer to conduct home studies;

• Indicate the license number and expiration date, if any, of the home study preparer’s authorization or license; and

• Specify the basis^[9] for this authorization.

B. Visits and Interviews

1. Requirements

Prospective Adoptive Parents

The home study preparer must conduct at least one interview in-person and at least one home visit with the PAP.^[10]

Adult Members of the Household

The home study preparer must conduct at least one interview with any additional adult member of the household (AMH).^[11] The interview should be in-person, unless the home study preparer determines that an in-person interview is not reasonably feasible and explains the reason for this conclusion.^[12]

Children in the Home

When possible, the home study preparer should observe in-person any child in the home during the home visit or at some point during the home study process. If observation is not possible, the home study preparer should explain why.

2. Required Home Study Content

The home study must address^[13] the:

• Number of interviews and home visits;

• Participants, dates, and locations of each contact, interview, and visit; and

• If the home study preparer did not interview an AMH in person or observe a child in the home, an explanation of why it was not feasible.

C. Household Member Information

1. Required Assessment

The home study preparer must assess the impact of each household member (both children and adults) on the suitability of the PAP’s household.^[14] An adult household member may also include a person who is not yet 18 years old, or a person who does not actually live at the same residence, but whose presence in the household impacts suitability.^[15]

2. Required Home Study Content

The home study must identify each household member (PAP, AMH, and child in the home) by name, alien registration number (if any), date of birth, and country of birth. For any AMH and child in the home, the home study must also indicate the relationship to the PAP.^[16]

The home study must describe each household member, including how the household member’s characteristics impact the overall suitability of the household and the PAP’s ability to care for adopted children. The home study preparer should include the following:

• Each person’s overall well-being, including physical, mental, emotional, and behavioral health;

• Any special needs;

• Any criminal history or history of arrest or investigation;

• Any history of abuse (sexual, substance, or child abuse) or family violence as an offender even if it did not result in an arrest or conviction;

• Any evidence of rehabilitation;

• Any potential problems areas; and

• Any additional information about the person that is relevant to the overall suitability of the home and the applicant’s ability to care for adopted children.

D. Family History

1. Required Assessment

To assess the PAP’s family history and ability to parent adopted children,^[17] the home study preparer must assess the PAP’s family and parenting history. This includes any biological children and any children for whom the PAP was the primary care provider,^[18] even if such children no longer reside in the PAP’s home.

2. Required Home Study Content

The home study must discuss the PAP’s parenting experience with any such children, including the relationship to the PAP, the circumstances of the relationship, and the termination of such relationship (if applicable).

E. Living Accommodations

1. Required Assessment

The home study preparer must assess the suitability of the PAP’s living accommodations.^[19]

2. Required Home Study Content

The home study must include:

• A detailed description of the PAP’s current living accommodations;

• A description of the PAP’s intended living accommodations (if moving or if the PAP lives outside the United States and intends to move to an identified residence in the United States);

• A determination of which properties the PAP uses as a primary residence and which properties are used for other purposes (if the PAP owns more than one property);

• A determination of whether the living space meets any applicable state requirements, or a statement that no requirements exist; and

• An assessment of the suitability of the living accommodations.

F. PAP Immigration Status

1. Assessments

The home study preparer should ask the PAPs their citizenship and immigration status.^[20]

If the applicant’s spouse resides in the United States and does not have lawful permanent resident (LPR) status,^[21] the home study preparer should ask for an explanation of lawful immigration status.

2. Home Study Content

The home study should indicate the reported U.S. citizenship or immigration status of the PAPs.

If the applicant’s spouse resides in the United States and does not have LPR status, the home study preparer should indicate the reason for this so the officer can evaluate if the family’s situation is sufficiently stable to be found suitable.^[22]

G. Financial Resources

1. Required Assessment

The home study preparer must assess the PAP’s ability to financially support adopted children.^[23]

Any income designated for the support of children in the PAP’s care (such as foster care subsidies), or any income designated for the support of another member of the household, cannot be counted towards the financial resources available for the support of the prospective adoptive children. In addition, financial contributions from other family members (such as AMHs) cannot be counted towards the PAP’s financial resources.

2. Required Home Study Content

The home study must include:

• A description of the PAP’s income, financial resources, debts, and expenses;

• A statement summarizing the evidence the home study preparer considered in verifying the PAP’s financial resources; and

• An assessment of the PAP’s financial suitability.

H. Physical, Medical, Emotional, and Behavioral Health

1. Required Assessment

The home study preparer must assess the physical, mental, emotional, and behavioral health of all household members (the PAP, any AMH, and any children in the home).^[24]

2. Required Home Study Content

The home study must include the following as it relates to all household members:

• A general description of their current physical, mental, emotional, and behavioral health; and
• A description of any history of illness or mental, emotional, psychological, or behavioral instability that may adversely impact the suitability of the home.^[25]

I. Criminal History and History of Abuse or Violence

1. Required Assessment

The home study provider must assess if any household member (PAP, AMH, or children in the home) has a criminal history or history of abuse or violence as an offender.^[26] USCIS considers someone to have a history of abuse or violence even if it only happened once, and even if the incident did not result in an arrest or conviction. The home study preparer must assess the history of all types of abuse, violence, or criminal history as an offender, including:

• Child abuse (including neglect and unregulated custody transfer);

• Sexual abuse;

• Family or domestic violence;

• Drug or alcohol abuse (substance abuse); and

• Criminal activity.

The home study provider must ask the PAP and any AMH to disclose any criminal history and any history of abuse or violence as an offender.^[27] The home study provider should also ask if any of the child household members have any criminal history or any other history of abuse or violence as an offender by asking the child’s parents or the child (if age appropriate).

Child Abuse Registries

The home study provider must ensure a check has been done with any available child abuse registries^[28] for any state, territory, or foreign country in which a PAP or any AMH has resided since their 18th birthday.^[29] If a country no longer exists or if its name has changed, the home study preparer must identify the geographic location where the PAP or any AMH lived to determine what country it is now and check its child abuse registry. If a country’s border has changed, the home study preparer must generally check with both the new and former country.

The following table outlines how a home study provider should conduct the registry check and secure consents, depending on the applicable law.

Child Abuse Registry Check

If the law of the state, territory, or for   eign country where the PAP or AMH resided …	Then (for the PAP and any AMH)…
Allows the home study preparer to access the child abuse registry information[30]	The home study preparer must submit a written records request to the child abuse registry.
Only allows a home study preparer to check a child abuse registry with a person’s consent	The home study preparer must obtain the PAP’s and AMH’s consent and submit a written records request to the child abuse registry.[31]
Only allows the release of child abuse registry information to the subject of the record	The PAP and any AMH must obtain the information from the registry and provide it to the home study preparer.[32]
Does not allow the release of registry information to the home study preparer or the subject of the record	The home study preparer must address the unavailability of the information in the home study.

A home study provider may proceed with the home study without the results of available child abuse registries if at least 6 months have gone by since making the request, and the jurisdiction has not released the information. The home study preparer must address the unavailability of the information in the home study, including efforts made to obtain the results.^[33]

Child abuse registry checks cannot be more than 15 months old^[34] at the time the home study preparer signs the home study.

Child Abuse or Neglect and Custody Transfers

As part of the home study preparer’s assessment of any history of child abuse or neglect, the home study preparer must assess the involvement of the PAP and any AMH in any custody transfers of children, including:

• Unregulated custody transfers (also known as rehoming);^[35] and

• Terminations of prior adoptive placements (known as an adoption disruption or dissolution).^[36]

Not all custody transfers of children involve child abuse or neglect. The home study preparer must ask the PAP and any AMH if they ever transferred or received permanent custody of a child. The home study preparer must then ask more narrow questions to determine if the custody transfer was an unregulated custody transfer or involved other child abuse or neglect.

If the PAP or any AMH has been involved in an unregulated custody transfer or an adoption disruption or dissolution, the home study preparer must assess the impact on the suitability and address whether the PAP or any AMH involved has been appropriately rehabilitated, as applicable.

Substance Abuse

The home study preparer must evaluate suitability in light of any history of substance abuse by the PAP or any member of the household, including child household members, as age appropriate.^[37] USCIS considers a person to have a history of substance abuse if current or past use of alcohol, controlled substances,^[38] or other substances impaired or impairs the person’s ability to fulfill obligations at work, school, or home, or creates other social or interpersonal problems that may adversely affect suitability.

Rehabilitation

If the PAP or any household member has a criminal history, or a history of any kind of abuse or violence as an offender, the home study preparer may only make a favorable finding if the person has achieved appropriate rehabilitation.

A home study preparer^[39] cannot make a favorable recommendation based on rehabilitation while the PAP or household member is on probation, parole, supervised release, or other similar arrangement for a conviction.^[40]

2. Required Home Study Content

Required Questions

The home study must include responses for PAPs and AMHs to the questions listed below. USCIS requires each person’s direct response to the questions on their history. For child household members, USCIS permits the information to come from the child’s parents or legal guardians, or the child, as is age appropriate. The questions include:

• Whether the person has any arrests, convictions, or investigations in the United States or outside the United States (other than minor traffic and parking violations);^[41] and
• Whether the person has a history as an offender of substance abuse, sexual or child abuse (including any unregulated custody transfers), or family violence even if it did not result in an arrest or conviction.^[42]

Child Abuse Registries and Background Check Results

The home study must include results of the child abuse registry checks^[43] for every state, territory, or foreign country in which the PAP or any AMH has resided since the person’s 18th birthday. The home study must indicate that each check:

• Was completed and:

  • A record was found and a summary of the results; or

  • No record was found to exist; or

• Was not completed because the state, territory, or foreign country:

  • Will not release information to the home study preparer or anyone in the household,

  • Has not released the information and at least 6 months have passed since the request was made; or

  • The state, territory, or foreign country does not have a child abuse registry.

Child Abuse or Neglect and Custody Transfers

The home study must indicate if the PAP or any AMH has ever been involved in a child custody transfer, and if so, describe the circumstances. The home study must indicate if circumstances involved an unregulated child custody transfer or other child abuse or neglect, and if so, discuss the impact on suitability and rehabilitation of the PAP or AMH involved.

Description and Summary of Each Incident

For each household member’s incident of abuse, violence, or criminal activity (even if the person was not arrested or convicted) and for each arrest or conviction, the home study must include the:^[44]

• Relevant dates or time periods;

• Details of any mitigating circumstances; and

• A statement whether the information was disclosed by the PAP, AMH, or child (as age appropriate) or if it was discovered by the home study preparer.

Impact on Suitability and Rehabilitation Assessment

The home study must contain an evaluation of suitability in light of any household member’s criminal history or history of abuse or violence as an offender.^[45] This must include a discussion of any rehabilitation that demonstrates suitability, including:^[46]

• An evaluation of the seriousness of any relevant arrest(s), conviction(s), and history of abuse;

• The number of such incidents;

• The length of time since the last incident;

• The offender’s acceptance of responsibility for the offender’s conduct; and

• Any counseling or rehabilitation programs the person has successfully completed or a written opinion by an appropriate licensed professional.

3. Required Supporting Documentation

The PAP must submit the following to the home study preparer for consideration in the preparer’s assessment:^[47]

• A statement disclosing and describing any history of abuse, violence, or criminal history as an offender, including mitigating circumstances, signed under penalty of perjury, by the household member that committed the abuse, violence, or criminal activity; and

• A certified copy of the documentation showing the final disposition of each incident which resulted in arrest, indictment, conviction, or any other judicial or administrative action.

The PAP must also attach this documentation to the home study for USCIS’ review.

J. Prior Home Studies

1. Required Assessment

The home study preparer must evaluate the relevance of any prior home studies on suitability.^[48] The home study preparer must ask each PAP and all AMH whether the person previously underwent any sort of home study assessment for any form of custodial care (domestic or intercountry), whether or not it was completed, and the outcome. If so, the home study preparer must review any prior home study reports as part of their assessment, if the report is available.

2. Required Home Study Content

The home study must:

• Include the PAP’s and any AMH’s response to the question on whether they have been the subject of any prior home studies;

• If applicable, identify the agency involved in each prior or terminated home study and the dates the prior home study process began and ended;

• If applicable, indicate the outcome of the home study, including whether a favorable recommendation was made, or if the home study was terminated before a recommendation was made, why it was terminated;

• If applicable, indicate if the prior home study is available, and if not, include an explanation why; and

• If applicable, include an evaluation of the relevance of any prior unfavorable or incomplete home study on the PAP’s suitability.

3. Supporting Documentation

The PAP or any AMH must submit to the home study preparer, for the home study preparer to consider in the home study assessment, a copy of any previous rejections or unfavorable home studies. Copies of any such available prior home studies must be attached to the home study.

K. Preparation and Training

1. Required Assessment

The PAP must receive the required number of hours of preparation and training unless an exemption applies.^[49] The home study preparer must ensure the PAP receives the required preparation and training necessary to promote a successful intercountry adoption,^[50] including discussing with the PAP:

• The intercountry adoption process, including the requirements, expenses, challenges, and timeframes; and

• The adjustment of adopted children and parenting.

The home study preparer must tailor the preparation and training to the PAP’s particular situation.^[51]

2. Required Home Study Content

The home study must contain a summary of:^[52]

• The preparation and training given to the PAP(s);

• Plans for future preparation and training; and

• Any plans for post-placement monitoring, in the event the child will be adopted in the United States rather than outside the United States.

L. Country-Specific Requirements

1. Required Assessment

The home study preparer must assess the PAP’s suitability as it specifically relates to each country from which the PAP may adopt.^[53]

2. Required Home Study Content

The home study must be tailored to the specific country from which the PAP intends to adopt.^[54] This means that the home study should include a full and complete statement of all facts relevant to the PAP’s eligibility for adoption in that country, in light of the country’s specific requirements (if any).^[55] If the PAP may adopt from more than one country, the home study must separately assess the PAP’s suitability to each specific country.

M. State-Specific Requirements

1. Required Assessment

The home study preparer must prepare the home study according to the requirements that apply to a domestic adoption in the state^[56] of the PAP’s actual or proposed residence in the United States.^[57] If the PAP resides outside of the United States and has no actual or proposed residence in the United States, then state law standards generally do not apply unless the PAP intends to finalize the child’s adoption in the United States.^[58]

If the child will be coming to the United States for adoption, then the home study preparer must discuss with the PAP, the PAP’s ability to comply with any pre-adoption and post-adoption requirements in the state in which the child will reside.^[59] Children come to the United States for adoption if:

• The PAP will not complete the adoption outside the United States (but will only obtain legal custody for the purposes of emigration to the United States for adoption);

• Only one parent of a married couple adopts the child outside the United States; or

• In orphan cases, neither parent saw or observed the child before or during the adoption proceedings.

2. Required Home Study Content

The home study must:

• Comply with any requirements of the PAP’s state of residence; and

• Indicate if the child will be coming to the United States for adoption.

If the child will be coming to the United States for adoption, the home study must also:

• Describe any pre-adoption requirements for any state(s) in which the child will reside, and:

  • Cite any relevant state statutes and regulations and the steps the PAP has taken or will take to comply; or

  • Explain that the state(s) of intended residence do not have any pre-adoption requirements;^[60] and

• Describe plans for post-placement monitoring.^[61] 

N. Special Needs-Specific Requirements

1. Required Assessment

If the PAP seeks to adopt a child with special needs, the home study preparer must assess the PAP’s ability to care for a child with special needs.^[62]

2. Required Home Study Content

The home study must include a discussion of the preparation, willingness, and the PAP’s ability to provide proper care to a child with special needs.^[63]

O. Specific Recommendation for Adoption

1. Required Assessment

The home study preparer must make specific recommendations for adoption based on the preparer’s assessment of the PAP’s suitability.^[64] 

The home study preparer must address any potential problem areas in the assessment.^[65] This includes making a referral to an appropriate licensed professional for an evaluation and written report if:^[66]

• The home study preparer determines that there are issues beyond the preparer’s expertise that need to be further assessed; or

• The state law of the PAP’s actual or proposed place of residence would require such a referral for a domestic adoption.

2. Required Home Study Content

The home study must include a specific recommendation and discussion of the reasons for the recommendation.^[67] The recommendation must state:

• The number of children the PAP is recommended to adopt;

• The country or countries from which the PAP is recommended to adopt;

• Any specific restrictions, such as age, gender, or other characteristics (for example, special needs) of the child(ren) the PAP is recommended to adopt; and

• If the PAP has been specifically approved to adopt a child with special needs (if applicable).

The home study recommendations must address suitability in light of any potential problems. This includes indicating if the home study preparer made any referrals for additional or outside evaluations, and if so, the home study preparer's assessment of the impact of the outside report on the suitability.^[68]

3. Supporting Documentation

The PAP must submit to the home study preparer, for the home study preparer to consider in the home study assessment, a copy of any outside evaluation(s) that was conducted to help assess suitability (such as a psychological or psychiatric exam). Such outside evaluations must be attached to the home study.^[69]

P. Duty of Disclosure

1. Requirements

The home study preparer must advise the PAP and any AMH of the duty of disclosure.^[70] This duty includes the need for the PAP and any AMH to:

• Give true and complete information to the home study preparer;

• Disclose any other relevant information, such as physical, mental, or emotional health problems or behavioral issues;

• Disclose any arrest, conviction, or other criminal history, whether in the United States or outside the United States, even if the record of the arrest, conviction, or other criminal history was expunged, sealed, pardoned, or otherwise cleared;^[71]

• Disclose any history of substance abuse, sexual abuse, child abuse or neglect, or family violence as an offender,^[72] even if closed or unsubstantiated; and

• Notify the home study preparer and USCIS of any new event or information that might require them to submit an updated home study.^[73]

The PAP and any AMH have an ongoing duty of disclosure throughout the intercountry adoption process.^[74] The duty of disclosure continues until:^[75]

• There is a final decision admitting the child to the United States with a visa; or

• Final approval of the immigration petition for PAPs who reside outside the United States and do not intend to immediately seek an immigrant visa for their child.^[76]

USCIS requires the PAP and any AMH to notify the home study preparer and USCIS of any of the above outlined significant changes. The PAP should provide this notification within the timeframes outlined in the following table.

Notification Timeframes

If…	Then the PAP should notify USCIS and the home study preparer…[77]
The suitability application or request for action on an approved suitability application is pending	Immediately
USCIS has approved the suitability application or request for action on an approved suitability application, but the PAP has not yet filed the child’s petition	As soon as practical (generally within 30 days of the event), if the change is related to criminal history or other history of abuse or violence as an offender; or Within 30 days of the event, or at the next suitability determination point,[78] if the change is not related to criminal history or other history of abuse or violence as an offender
The child’s petition is pending or approved, but the child has not yet been admitted to the United States[79]	Immediately

2. Required Home Study Content

The home study preparer must sign under penalty of perjury that they have advised the PAP and any AMH of the duty of disclosure.^[80]

Q. Review, Signature, and Attestation

1. Requirements

The home study preparer must sign the home study, include a declaration, and date the home study (and any updates). The home study preparer’s signature on the home study (and any updates) must be original.

An accredited agency must review and approve the home study if not completed in the first instance by an accredited agency, unless a public domestic or public foreign authority conducted the home study.^[81] Therefore, if an approved person, supervised provider, or exempted provider conducted the home study, an accredited agency must review and approve the home study before the PAP submits it to USCIS.^[82]

If the PAP resides in a state that requires the state’s (child welfare) authorities to review the home study, such review must occur and be documented before the home study is submitted to USCIS.^[83]

2. Required Home Study Content

The home study preparer (or if the home study is prepared by an entity, the officer or employee who has authority to sign the home study for the entity) must personally sign the home study. The preparer must declare, under penalty of perjury under U.S. law, that:

• The home study was either conducted or supervised by the person signing as the home study preparer. If the home study preparer did not conduct the study, then the home study must identify the person who conducted the home study;^[84]

• The factual statements in the home study are true and correct, to the best of the signer’s knowledge;^[85] and

• The home study preparer has advised the PAP and any AMH of the duty of disclosure, and that their duty to disclose is ongoing until there is a final decision admitting the child to the United States with a visa, or if the PAP resides outside the United States and does not intend to immediately seek an immigrant visa for the child, until petition approval.^[86]

The home study must indicate whether the PAP’s state of residence requires the state’s (child welfare) authorities to review the home study.^[87]

3. Supporting Documentation

The home study preparer must attach evidence of:

• The home study preparer’s certification;

• Review of the home study by the state’s competent authority (to review home studies), if the PAP resides in a state which requires such review; and

• Review and approval by an accredited agency, if required.

Footnotes

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[^ 1] See 8 CFR 204.311. See 22 CFR 96.47.

[^ 2] Regardless of whether the PAP resides within or outside of the United States, the home study must meet all applicable USCIS and U.S. Department of State (DOS) requirements. See 8 CFR 204.311. See 22 CFR 96.47.

[^ 3] See the Child Abuse Registries in Foreign Countries and Geographic Entities webpage.

[^ 4] See DOS’s Adoption Service Provider Search webpage.

[^ 5] See 22 CFR 96.

[^ 6] See 8 CFR 204.311(b).

[^ 7] See 8 CFR 204.301 and 22 CFR 96.2 for definitions related to home study preparers. The Hague Adoption Convention and the DOS regulations at 22 CFR 96 distinguish between an agency (a private non-profit organization) and a person (an individual person or for-profit entity).

[^ 8] See 8 CFR 204.311(s). See  22 CFR 96. If the PAP resides outside the United States, the home study provider may first contact the central authority in a Hague Adoption Convention country, or the competent adoption authority in a non-Hague country, to determine what laws might apply in a particular jurisdiction outside the United States. If the foreign country does not have any laws on the subject, then the home study preparer need only comply with U.S. requirements and should indicate this in the statement. Since the home study preparer must be licensed or authorized to complete home studies in the jurisdiction where the home study is completed, the license or authorization in the foreign jurisdiction may require the home study preparer to also apply the local jurisdiction’s home study standards. For example, the home study might also evaluate suitability in accordance with the local standards where the PAP resides outside the United States.

[^ 9] See 22 CFR 96.

[^ 10] See 8 CFR 204.311(g)(1). USCIS does not require that the home study preparer conduct more than one in-person interview or home visit unless the family has moved, the law of the jurisdiction requires it, or the home study preparer requires it. For information on requirements for updated home studies, see Chapter 5, Action on Pending or Approved Suitability Determinations [5 USCIS-PM B.5]. If the PAP temporarily resides outside the United States during the adoption process, but intends to return to the United States after the adoption, it may be possible to facilitate the requirements of the home study by traveling to the United States or coordinating with the home study preparer to conduct a personal interview outside the United States.

[^ 11] See 8 CFR 204.311(c)(3). See 8 CFR 204.311(g)(2).

[^ 12] See 8 CFR 204.311(g)(2).

[^ 13] See 8 CFR 204.311(c)(7). See 8 CFR 204.311(g).

[^ 14] See 8 CFR 204.311(c)(3). See 8 CFR 204.311(g)(3).

[^ 15] See the definition of adult member of the household at 8 CFR 204.301 which includes a person under 18 years of age if USCIS determines the person impacts the suitability of the household. 

[^ 16] See 8 CFR 204.311(c)(2).

[^ 17] See 8 CFR 204.311(g)(3).

[^ 18] For example, experience as a foster parent or kinship care provider.

[^ 19] See 8 CFR 204.311(o).

[^ 20] The applicant must be a U.S. citizen. For more information on immigration status eligibility requirements for the orphan process, see Chapter 2, Eligibility, Documentation and Evidence (Orphan Process) [5 USCIS-PM B.2]. For more information on immigration status eligibility requirements for the Hague process, see Chapter 3, Eligibility, Documentation and Evidence (Hague Process) [5 USCIS-PM B.3].

[^ 21] If married, the applicant’s spouse must be in lawful immigration status if residing in the United States. For more information on PAP immigration status eligibility requirements for the orphan process, see Chapter 2, Eligibility, Documentation and Evidence (Orphan Process) [5 USCIS-PM B.2]. For more information on PAP immigration status eligibility requirements for the Hague process, see Chapter 3, Eligibility, Documentation and Evidence (Hague Process) [5 USCIS-PM B.3].

[^ 22] See 8 CFR 204.307(a)(3).

[^ 23] See 8 CFR 204.311(h).

[^ 24] See 8 CFR 204.311(c)(15). See 8 CFR 204.311(m). See 8 CFR 204.311(d)(1)(iii).

[^ 25] For information on outside professional evaluations if a PAP’s or AMH’s history of psychiatric care or other abuse requires further assessment, see Section O, Specific Recommendation for Adoption [5 USCIS-PM B.4(O)].

[^ 26] For information on outside professional evaluations if a PAP’s or AMH’s criminal history or history of abuse or violence as an offender requires further assessment, see Section O, Specific Recommendation for Adoption [5 USCIS-PM B.4(O)].

[^ 27] See 8 CFR 204.311(j) and 8 CFR 204.311(k). See 8 CFR 204.311(d)(1)(ii).

[^ 28] See the Child Abuse Registries in Foreign Countries and Geographic Entities webpage.

[^ 29] See 8 CFR 204.311(i).

[^ 30] See 8 CFR 204.311(i)(1).

[^ 31] See 8 CFR 204.311(i)(2).

[^ 32] See 8 CFR 204.311(i)(3).

[^ 33] See 8 CFR 204.311(i)(4).

[^ 34] For more information on child abuse registry checks, see the Guidance on Determining Suitability of Prospective Adoptive Parents for Intercountry Adoption (PDF, 886.91 KB), PM-602-0165, issued November 9, 2018.

[^ 35] An unregulated custody transfer occurs when a parent places a child in the care of other persons with the intent to transfer permanent custody of the child, or receives a child with the intent to gain permanent custody, without involving child welfare authorities or following the law of their place of residence. USCIS considers unregulated custody transfers to be a form of child abuse or neglect. The Child Abuse Prevention and Treatment Act (CAPTA) identifies a minimum set of acts or behaviors that define child abuse and neglect, which include: “any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation” or “an act or failure to act which presents an imminent risk of serious harm.” See CAPTA Reauthorization Act of 2010, Pub. L. 111-320 (PDF) , 124 Stat. 3482 (December 20, 2010). See the Child Welfare Information Gateway’s Definitions of Child Abuse & Neglect webpage.

[^ 36] An adoption disruption occurs when a PAP (or a custodian escorting the child on the PAP’s behalf) is granted legal custody of the child, but the placement terminates before the PAP finalizes the adoption. An adoption dissolution occurs when the legal relationship between the child and the adoptive parent(s) is severed, either voluntarily or involuntarily, after the adoption is legally finalized.

[^ 37] See 8 CFR 204.311(c)(14).

[^ 38]  See 21 U.S.C 802 for federal definition of “controlled substance.”

[^ 39] For information on when USCIS cannot make a favorable recommendation, see Chapter 6, Adjudication, Section B, USCIS Actions and Decisions, Subsection 4, Denials [5 USCIS-PM B.6(B)(4)].

[^ 40] See 8 CFR 204.311(l).

[^ 41] See 8 CFR 204.311(k).

[^ 42] See 8 CFR 204.311(j).

[^ 43] See 8 CFR 204.311(i).

[^ 44] See 8 CFR 204.311(d). See 8 CFR 204.311(j)(1)-(3). 8 CFR 204.311(k).

[^ 45] See 8 CFR 204.311(c)(14).

[^ 46] See 8 CFR 204.311(l).

[^ 47] See 8 CFR 204.311(j).

[^ 48] See 8 CFR 204.311(n).

[^ 49] See 22 CFR 96.48(a) (hours requirement). See 22 CFR 96.48(g) (exemption).

[^ 50] For information on required preparation and training, see 22 CFR 96.48.

[^ 51] See 8 CFR 204.311(c)(1).

[^ 52] See 8 CFR 204.311(c)(8).

[^ 53] The child’s country of origin determines how to apply its own adoption requirements in a given case. 

[^ 54] See 8 CFR 204.311(c)(1). See 8 CFR 204.311(q).

[^ 55] For general information on other countries’ requirements, see DOS’s Country Information webpage.

[^ 56] See the Child Welfare Information Gateway’s State Laws Related to Adoption webpage.

[^ 57] See 8 CFR 204.311(e).

[^ 58] The PAP is also not required to provide a permanent or temporary address in the United States in order to complete a home study.

[^ 59] See 8 CFR 204.305. See 8 CFR 204.311(c)(8).

[^ 60] See 8 CFR 204.3(c)(1)(iv). See 8 CFR 204.305. See 8 CFR 204.310(a)(3)(vii). See 8 CFR 204.311(u)(1)(vii).

[^ 61] See 8 CFR 204.311(c)(8). See 22 CFR 96.50.

[^ 62] See 8 CFR 204.311(p).

[^ 63] See 8 CFR 204.311(p).

[^ 64] See 8 CFR 204.311(r).

[^ 65] See 8 CFR 204.311(c)(5).

[^ 66] See 8 CFR 204.311(g)(4).

[^ 67] See 8 CFR 204.311(r).

[^ 68] See 8 CFR 204.311(g)(4). See 8 CFR 204.311(c)(5). See 8 CFR 204.311(c)(9).

[^ 69] See 8 CFR 204.311(c)(5).

[^ 70] See 8 CFR 204.311(f)(3).

[^ 71] See 8 CFR 204.311(d)(ii). The fact that an arrest or conviction or other criminal history was expunged, sealed, pardoned, or the subject of any other amelioration does not relieve the PAP or additional member of the household of the obligation to disclose. See 8 CFR 204.309(a). See 8 CFR 204.3(h)(4).

[^ 72] See 8 CFR 204.309(a)(1).

[^ 73] See Chapter 5, Action on Pending or Approved Suitability Determinations [5 USCIS-PM B.5].

[^ 74] See 8 CFR 204.311(d).

[^ 75] For a list of these significant events, see Chapter 5, Action on Pending or Approved Suitability Determinations, Section C, Significant Changes [5 USCIS-PM B.5(C)].

[^ 76] For a PAP who resides outside the United States, the duty of disclosure continues until the child has been admitted. However, if a PAP does not intend to immediately seek an immigrant visa for the child, this duty of disclosure will generally be limited to the petition approval.

[^ 77] For more information on filing timeframes, see Volume 1, General Policies and Procedures, Part B, Submission of Benefit Requests, Chapter 6, Submitting Requests, Section D, Filing Periods Ending on Weekends or Federal Holidays [1 USCIS-PM B.6(D)].

[^ 78] For a summary of suitability determination points, see Chapter 1, Purpose and Background, Section C, Background [5 USCIS-PM B.1(C)].

[^ 79] If the PAP resides outside the United States and immediately seeks an immigrant visa for the child, the PAP must notify USCIS and the home study provider of a significant change. 

[^ 80] See 8 CFR 204.311(f)(3).

[^ 81] For information on how to search for accredited agencies and approved persons, see DOS’s Adoption Service Provider webpage. If home study review and approval is needed, the date of the home study preparer’s signature (and not the reviewer and approver’s signature) is the applicable date for the purposes of the requirement that the home study be no more than 6 months old at the time it is submitted to USCIS.

[^ 82] See 22 CFR 96.47(c).

[^ 83] See 8 CFR 204.311(t).

[^ 84] See 8 CFR 204.311(f)(1).

[^ 85] See 8 CFR 204.311(f)(2).

[^ 86] See 8 CFR 204.311(f)(3). For a PAP who resides outside the United States and does not intend to immediately seek an immigrant visa for the child, the notice requirement extends to the Form I-600 or Form I-800 approval. However, the duty of disclosure continues until the child is admitted to the United States with a visa. If circumstances change and a PAP seeks a visa for the admission of the child to the United States the PAP should notify USCIS and the home study provider of a significant change.

[^ 87] See 8 CFR 204.311(t).