Chapter 5 - Adjudication

A. General Guidelines for Adjudication [Reserved]

[Reserved]

B. Burden and Standards of Proof [Reserved]

[Reserved]

C. Weight and Reliability of Evidence [Reserved]

[Reserved]

D. Decisions and Actions

If USCIS provisionally approves the petition, the prospective adoptive parent (PAP) may continue on with the next steps in the Hague process, which include U.S. Department of State (DOS) issuance of the Article 5/17 letter,^[1] a final adoption or custody of the child, and applying for an immigrant visa for the child.^[2]

As part of this process, the DOS issues the Hague Adoption Convention certification.^[3] This certification establishes that the final adoption of the child, or the grant of custody of the child for the purpose of emigration and adoption, was done in accordance with the Hague Adoption Convention and the Intercountry Adoption Act of 2000. Such a certified final adoption is entitled to recognition in the United States as a valid adoption order. USCIS (or DOS, on behalf of USCIS) may then grant final approval of the petition.

Footnotes

[^ 1] If DOS determines that the child appears eligible to immigrate to the United States and that the information provided indicates that the adoption process thus far has complied with the Hague Adoption Convention and the Intercountry Adoption Act, DOS notifies the Convention country's Central Authority by issuing an Article 5/17 letter. The Article 5/17 letter informs the foreign Central Authority that U.S. competent authorities have determined the PAP is eligible and suitable to adopt, that the child may enter and reside permanently in the United States, and that the U.S. Central Authority agrees that the adoption may proceed.

[^ 2] See 22 CFR 42.24.

[^ 3] See INA 204(d)(2).