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Policy Manual
Contents
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INA
8 CFR
Glossary
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Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
      • Part A - Adoptions Overview
      • Part B - Adoptive Parent Suitability Determinations
      • Part C - Child Eligibility Determinations (Orphan)
      • Part D - Child Eligibility Determinations (Hague)
        • Chapter 1 - Purpose
        • Chapter 2 - Eligibility
        • Chapter 3 - Required Order of Immigration and Adoption Steps
        • Chapter 4 - Documentation and Evidence
        • Chapter 5 - Adjudication
      • Part E - Family-Based Adoption Petitions
      • Part F - Citizenship for Adopted Children
    • Volume 6 - Immigrants
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
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  2. Policy Manual
  3. Volume 5 - Adoptions
  4. Part D - Child Eligibility Determinations (Hague)
  5. Chapter 1 - Purpose

Chapter 1 - Purpose

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  • Guidance
  • Resources (13)
  • Appendices (0)
  • Updates (2)
  • History (0)

A. Purpose

The Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption[1] (Hague Adoption Convention) is an international treaty that provides safeguards to protect the best interests of children involved in intercountry adoptions. By setting clear procedures and prohibiting improper financial gain, the Convention provides greater security, predictability, and transparency for all parties to the adoption, including children, birth parents, and adoptive parents. The Hague Adoption Convention applies to the adoption of a child who:

  • Is habitually resident in one Convention country (the country of origin) by someone habitually resident in another Convention country (the receiving country); and

  • Who has been, is being, or is to be moved from the country of origin to the receiving country, either after the adoption or for the purposes of adoption.[2] 

A prospective adoptive parent (PAP)[3] must generally follow the Hague Adoption Convention process[4] if:

  • The PAP is a U.S. citizen who is habitually resident in the United States;[5] and

  • Seeks to adopt a child who is habitually resident in a Hague Adoption Convention country[6] (other than the United States) on or after April 1, 2008, and on or after the date the Hague Adoption Convention entered into force for the other country.[7]

B. Background

The Hague Adoption Convention entered into force for the United States on April 1, 2008. On the same day, the DHS Hague Adoption Convention regulations[8] also took effect.

C. Scope

For the Hague Adoption Convention process, the PAP must file both an application to determine the PAP’s suitability and eligibility as an adoptive parent[9] and a petition to determine the child’s eligibility to immigrate as a Hague Convention adoptee.[10] This Part D addresses the requirements for a PAP to submit a petition for a determination of a child’s eligibility to immigrate as a Hague Convention adoptee.

USCIS guidance does not address other adoption-related requirements, such as the child’s country of origin, state of proposed residence, or other federal agencies including the U.S. Department of State (DOS).[11]

Additionally, this Volume does not address the specific requirements for adopted children to obtain U.S. citizenship.[12]

D. Legal Authorities

  • The Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (PDF) (Hague Adoption Convention)

  • INA 101(b)(1)(G) – Definition of child (for Hague Convention adoptee)

  • INA 201(b) – Immediate relatives

  • INA 204 – Procedure for granting immigrant status

  • 8 CFR 204 Subpart C – Intercountry adoption of a Convention adoptee

Footnotes


[^ 1] This convention is referred to in this Part as the Hague Adoption Convention (PDF).

[^ 2] See Hague Adoption Convention (PDF), Article 2(1).

[^ 3] USCIS uses the term PAP in this Part to refer to the applicant or petitioner and the applicant or petitioner’s spouse, if any.

[^ 4] See Part A, Adoptions Overview [5 USCIS-PM A] for information on determining which adoption process (Hague Adoption Convention, orphan, or family-based) applies, depending on the PAP’s circumstances.

[^ 5] If the PAP is a U.S. citizen residing outside of the United States and seeks to adopt a child residing in a Hague Adoption Convention country, the PAP may be able to use the U.S. Hague Adoption Convention Process (even if the PAP does not intend to immediately immigrate the child to the United States). The PAP may also be required to follow the law and procedures for immigration and adoption in the country where the PAP resides. See Part A, Adoptions Overview [5 USCIS-PM A] for information on determining which U.S. immigration process applies.

[^ 6] For a list of countries that are party to the Hague Adoption Convention, see the U.S. Department of State (DOS)’s Convention Countries webpage.

[^ 7] The Hague Adoption Convention entered into force for the United States on April 1, 2008. For information on the entry into force date for each country, see the Hague Conference on Private International Law’s webpage, Status Table.

[^ 8] See 8 CFR 204 Subpart C.

[^ 9] See the Application for Determination of Suitability to Adopt a Child from a Convention Country (Form I-800A). For information on suitability applications, see Part B, Adoptive Parent Suitability Determinations [5 USCIS-PM B].

[^ 10] See the Petition to Classify Convention Adoptee as an Immediate Relative (Form I-800).

[^ 11] For general information on other countries’ requirements, see DOS’s Country Information webpage. For more information on requirements of the state of proposed residence, see the Child Welfare Information Gateway’s State Laws Related to Adoption webpage. For DOS guidance, see the Foreign Affairs Manual.

[^ 12] For information on citizenship for adopted children, see Part F, Citizenship for Adopted Children [5 USCIS-PM F]. For more information, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens [12 USCIS-PM H].

Resources

Legal Authorities

22 CFR 96 - Intercountry adoption accreditation of agencies and approval of persons

8 CFR 204 Subpart C - Intercountry adoption of a Convention adoptee

Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption

INA 101(b)(1) - Definition of child

INA 101(b)(1)(G) - Definition of a child adoptee for Hague Adoption Convention process

INA 101(c) - Definition of child for citizenship and naturalization

INA 201(b) - Immediate relatives

INA 204, 8 CFR 204 - Procedure for granting immigrant status

Forms

AR-11, Change of Address

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-800, Petition to Classify Convention Adoptee as an Immediate Relative

I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country

Other Materials

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

Appendices

No appendices available at this time.

Updates

POLICY ALERT - Adoptions

November 19, 2021

U.S. Citizenship and Immigration Services (USCIS) is publishing a volume in the USCIS Policy Manual regarding adoptions. This guidance incorporates basic requirements for the submission of adoption-based applications and petitions to USCIS.

Read More
Affected Sections

5 USCIS-PM - Volume 5 - Adoptions

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 317.68 KB) between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Version History

No historical versions available.

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