Hague Adoption Convention Process for Intercountry Adoption
Overview of the Hague Adoption Convention
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, or Hague Adoption Convention, is an international treaty that provides important safeguards to protect the best interests of children, birth parents, and prospective adoptive parents in intercountry adoptions.
The Hague Adoption Convention entered into force for the United States on April 1, 2008. Since then, U.S. citizens who are habitually resident in the United States must generally follow the Hague process to adopt a child who is habitually resident in a country outside the United States that is a party to the Hague Convention.
The United States recognizes more than 100 countries as Hague countries. For a list of these countries, please visit the Department of State Adoptions page.
Exceptions to the Hague Process
Limited cases involving U.S. citizen prospective adoptive parents and children from a country of origin that is party to the Hague Convention may qualify as transition cases and continue to follow the Orphan Process rather than the Hague process. For information on transition cases, see the Transition Cases webpage.
Additionally, in limited cases, you may be eligible to use the Family-Based Petition Process instead of the Hague Process. See the “Children from Hague Adoption Convention Countries” tab for more information.
Forms
- Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country
- Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative
Prospective adoptive parents must submit Form I‑800A to USCIS to establish their suitability and eligibility to adopt.
If USCIS approves your Form I‑800A, you must then submit Form I‑800 to determine the child’s eligibility as a Hague Convention adoptee before adopting or obtaining legal custody of the child. If you have reason to believe the child may be inadmissible to the United States, you may file Form I‑601, Application for Waiver of Grounds of Inadmissibility, with Form I‑800.
Eligibility Requirements
To be eligible to file Form I‑800A and Form I‑800, prospective adoptive parents must:
- Be a U.S. citizen
- Be habitually resident in the United States; and
- If unmarried, be at least 24 years old when filing Form I‑800A and 25 years old when filing Form I‑800
For a child to be classified as a Hague Convention adoptee, the child must:
- Be under the age of 16 at the time of filing Form I-800 (or under 18 if the sibling exception applies—see the Form I-800 instructions (PDF, 419.53 KB) for more information);
- Be habitually resident in a Hague country; and
- Be deemed eligible for intercountry adoption by the Central Authority of that country and have obtained all necessary consents for adoption.
Roles in the Hague Adoption Process
U.S. Government
Each Hague country must designate a Central Authority to safeguard the adoption process. The U.S. Central Authority is the Department of State (DOS). USCIS processes Form I‑800A applications and Form I‑800 petitions. USCIS and DOS work together to ensure compliance with the Hague Adoption Convention.
Adoption Service Providers (ASP)
Adoption service providers must be accredited, approved, or otherwise authorized to provide intercountry adoption services. Prospective adoptive parents must identify a primary provider. Only accredited or approved ASPs may serve in this role.
(See the Adoption Service Providers page for more information.)
Steps of the Process
Required Steps in the Hague Adoption Convention Process
It is essential to complete the Hague process in the proper order. Do not adopt a child or obtain legal custody before filing Form I‑800A and Form I‑800 and receiving the required USCIS approvals. Out‑of‑order adoptions may result in delays or the child being ineligible for an immigrant visa.
- Select a U.S.‑accredited or approved ASP to act as the primary provider.
- Obtain a qualifying intercountry adoption home study.
- File Form I‑800A before accepting a child placement.
- Apply for a proposed adoption placement through the Hague country’s Central Authority.
- File Form I‑800 so the child can be provisionally approved for immigration.
- Adopt the child or obtain legal custody for emigration and adoption in the United States.
- Obtain an immigrant visa if residing in the United States.
- Bring the child to the United States for admission.
See the Hague and Orphan Intercountry Adoption Processes Flow Chart.
Case Tools and Assistance
To check USCIS processing times for Forms I‑800A and I‑800, visit the Check Case Processing Times webpage. Additional information is available on the Case Processing Times page.
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USCIS also provides case‑specific assistance through its adoption support team. See the USCIS Adoption Contact Information webpage for details.
Developed with content courtesy of USCIS.gov
Our Firm
Individuals and families considering intercountry adoption under the Hague Adoption Convention may turn to Margaret Wong & Associates LLC for legal guidance and representation. The firm assists clients with adoption‑related immigration matters and invites those seeking help with their specific situation to reach out through its contact page.