USCIS Adoption: New Hague Adoption Convention Guidance

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Key Takeaways:

Updated USCIS Guidance: USCIS clarified Hague adoption guidelines, effective June 14, 2024, to align with international standards and streamline the process.
Hague Convention Overview: The Hague Adoption Convention safeguards intercountry adoptions, protecting children, birth parents, and prospective adoptive parents.
Adoption Steps: Key steps include selecting an accredited ASP, completing forms I-800A and I-800, and securing an immigrant visa.

How Can Prospective Adoptive Parents Adopt a Child Under the Hague Adoption Convention?

Adopting a child internationally can be a lengthy and complex process, especially when that process must adhere to the guidelines outlined by the Hague Adoption Convention. To simplify the journey for prospective adoptive parents (PAPs) in the United States, U.S. Citizenship and Immigration Services (USCIS) has clarified and consolidated its guidance on how to adopt a child under the Hague Adoption Convention. Effective June 14, 2024, these updates in the USCIS Policy Manual consolidate existing rules to provide clear instructions on the adoption process, ensuring adoption practices align with international standards.

USCIS Adoption: New Hague Adoption Convention Guidance

What Is the Hague Adoption Convention?

The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, commonly known as the Hague Adoption Convention, is an international treaty established on May 29, 1993. The treaty focuses on safeguards to protect the interests of children, birth parents, and prospective adoptive parents involved in intercountry adoptions.

“The Convention ensures the appropriate authorities in a child’s country of origin deem a child eligible for adoption before placing the child with a PAP for intercountry adoption,” explains USCIS. It entered into force for the United States on April 1, 2008, requiring U.S. citizens who are habitually resident in the U.S. to follow the Hague process when adopting from a Hague country.

What Changes Did USCIS Make in Their Updated Guidance?

In their updated guidance effective June 14, 2024, USCIS clarified several essential aspects of the Hague process:

Eligibility of a Foreign-Born Child: The policy details how a child may qualify for adoption under the Hague process.
Order of Immigration and Adoption Steps: PAPs should not adopt or obtain legal custody of a child for emigration and adoption purposes before completing specific steps in the Hague process.
Requirements for Adoption Service Providers: Policies have been refined concerning the use of a primary provider and actions following a loss of accreditation.

Steps for Adoption Under the Hague Convention Process

Adopting a child under the Hague Adoption Convention involves a detailed process to ensure all parties’ best interests are protected. Here’s a step-by-step breakdown to guide you through the process:

Choose an Accredited Adoption Service Provider (ASP)

Select a U.S.-accredited or approved ASP to act as your primary provider. An immigration attorney may also be helpful.

Obtain a Home Study

Secure a home study from an authorized individual or entity specializing in intercountry adoptions.

File Form I-800A

PAPs must file the Application for Determination of Suitability to Adopt a Child from a Convention Country (Form I-800A) before adopting a child or accepting a placement.

Apply for a Proposed Adoptive Placement

Once USCIS approves your Form I-800A, work with your primary provider to apply for a proposed adoptive placement with the Child’s Central Authority from the Hague country.

File Form I-800

Before adopting the child, file a Petition to Classify Convention Adoptee as an Immediate Relative (Form I-800) with USCIS to determine if the child is provisionally eligible to immigrate to the U.S. based on the proposed adoption.

Adopt or Obtain Legal Custody

After USCIS provisionally approves your Form I-800, you may adopt the child or obtain legal custody for the purpose of emigration and adoption in the United States.

Secure an Immigrant Visa

If residing in the U.S., obtain an immigrant visa for the child, allowing entry into the United States.

What Are the Requirements for USCIS Adoption Under Legal Custody for Emigration and Adoption?

Some countries may not issue what USCIS considers a final adoption abroad. However, a child might still be eligible for adoption under certain legal custodial conditions:

The PAP must secure legal custody in accordance with the country’s laws.
Legal custodians or authorities must irrevocably release the child for emigration and adoption.
The PAP must comply with all pre-adoption requirements.
The child’s proposed residence jurisdiction must either allow re-adoption or provide judicial recognition of the foreign adoption.

If these criteria are met, the child can be eligible for an IH-4 visa to the United States for adoption. For more details on requirements, refer to the USCIS Policy Manual Volume 5, Part D.

What Are PAPs’ Responsibilities to Ensure Compliance with USCIS Policies?

PAPs have specific responsibilities to ensure compliance with USCIS adoption policies under the Hague Adoption Convention:

Primary Adoption Service Provider: PAPs must use a primary provider to oversee the adoption process and ensure adherence to Hague Convention standards.
Legal Parent-Child Relationship: PAPs need to establish the adoption’s purpose is to form a bona fide parent-child relationship.
Handling Accreditation Loss: In cases where a service provider loses accreditation, the primary provider’s requirements must be satisfied to continue the adoption proceedings.

Can Existing Guardianships Qualify as Final Adoptions Abroad?

In some countries, legal custody forms like guardianships, simple adoptions, or Kafala orders do not qualify as final adoptions for immigration purposes. Generally, countries following traditional Islamic law fall under this category. These legal forms may, however, help establish the required legal custody for emigration and adoption.

For example, “if the legal custody is for emigration and adoption and all other requirements are met, such an order could support the approval of a petition,” USCIS clarifies. Specific legal frameworks and terms, such as guardianships and Kafala, must align with U.S. immigration requirements to be valid under the Hague Adoption Convention.

Why Is Proper Documentation Critical for the Hague Adoption Process?

Proper documentation is vital as it serves as evidence to USCIS and the Central Authority of the child’s country of origin. This includes:

Proof of eligibility for adoption.
Legal custody or adoption papers in line with the country’s laws.
Any pre-adoption residencies or legal requirements PAPs must fulfill.

If documentation is incorrect or incomplete, it can result in delays or denial of adoption petitions. The guidance underscores the importance of accurate documentation at every step, from filing necessary forms like Form I-800A and Form I-800, through to securing an immigrant visa.

Conclusion: Commitment to the Best Interests of the Child

USCIS’s updated guidance reaffirms its commitment to the standards and principles of the Hague Adoption Convention. This policy aims to protect children’s best interests, provide clear steps for adoption, and ensure PAPs understand their responsibilities. Accurate, up-to-date information and careful adherence to procedure are essential.

For those pondering adoption under the Hague Adoption Convention, familiarizing yourself with these new regulations and following the prescribed steps carefully can ease the process. Prospective adoptive parents should always stay informed and consider consultation with accredited adoption service providers to ensure a smooth journey towards enriching their families.

For further official information, you can visit the USCIS Hague Process webpage, which provides in-depth details and guidance.

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Glossary of Terms

Hague Adoption Convention: An international treaty established to protect the interests of children, birth parents, and adoptive parents in intercountry adoptions, mandating specific procedures and safeguards for countries that are parties to the convention.
Prospective Adoptive Parents (PAPs): Individuals or couples who are in the process of, or are interested in, adopting a child, particularly through intercountry adoption in accordance with the Hague Adoption Convention.
Form I-800A: The application form filed by prospective adoptive parents to the U.S. Citizenship and Immigration Services (USCIS) to determine their suitability and eligibility to adopt a child from a Hague Convention country.
Primary Adoption Service Provider (ASP): A U.S.-accredited or approved agency responsible for overseeing the adoption process, ensuring compliance with Hague Adoption Convention standards, and guiding the prospective adoptive parents through necessary steps.
IH-4 Visa: A type of immigrant visa issued to a child entering the United States for adoption when the foreign adoption has not been finalized or legally recognized by the adopting parents’ jurisdiction, allowing for the adoption to be completed in the U.S.

This Article In A Nutshell:

Prospective adoptive parents under the Hague Adoption Convention must select an accredited agency, complete a home study, file Form I-800A, match with an eligible child, and finalize the adoption or legal custody, ensuring adherence to international guidelines, protecting children’s welfare, and streamlining the adoption process.
— By VisaVerge.com

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