Adopting International Students: Is It Possible?

Adopting a child from another country can be a complicated process. U.S. citizens adopt thousands of children from overseas each year, and there are three processes through which a child may immigrate to the U.S. on the basis of an intercountry adoption: the Convention Process, the Non-Convention Process, and the Immediate Relative Petition Process. The process of adopting an international student depends on the country from which the child originates, and the USCIS plays a key role in determining the eligibility and suitability of prospective adoptive parents.

Intercountry adoption laws and processes

Intercountry adoption is when US citizens adopt children from overseas. When children are adopted from outside the United States, they must go through an immigration process. The adoption process that may be available will depend on whether the child is from a country that is a party to the Hague Adoption Convention.

US citizens wishing to adopt a child from abroad have three different processes through which a child may immigrate to the US: the Convention process, the Non-Convention process, and the Immediate Relative Petition Process.

The Convention Process applies when a child is adopted from a Convention country and must qualify as a Convention adoptee under US immigration law. The Non-Convention Process ("Orphan Process") applies when a child is adopted from a non-Convention country and must qualify as an orphan under US immigration law. The Immediate Relative Petition Process applies to individuals who do not qualify for a Hague or non-Hague adoption.

The US Citizenship and Immigration Services (USCIS) determines the eligibility and suitability of prospective adoptive parents and the eligibility of children to immigrate to the United States. The USCIS website is the best place to start learning about intercountry adoption. Prospective adoptive parents must choose an approved adoption service provider or adoption professional. This adoption agency must be US-approved or accredited. After approval of Form I-800A, potential adoptive parents apply for placement. They must go through that country's Hague-specific Central Authority office. Form I-800, filed before adoption, allows the USCIS to determine the child's eligibility to immigrate to the United States.

Immigration processes and visas

If you are a US citizen adopting a child from another country, you will need to go through an immigration process. The US Citizenship and Immigration Services (USCIS) will determine the eligibility and suitability of the prospective adoptive parents and the eligibility of the child to immigrate to the US. The USCIS plays a key role in the intercountry adoption process, and US immigration law provides three different processes through which a child may immigrate to the US on the basis of an intercountry adoption: the Convention process, the Non-Convention process, and the immediate relative petition process.

The Convention process applies to children from countries that are signatories to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). The Non-Convention Process, or "Orphan" Process, applies to children from countries that are not signatories to the Hague Adoption Convention. The Orphan Process requires the child to qualify as an orphan under US immigration law. The Immediate Relative Petition Process applies to US citizens or permanent residents who may petition for their adoptive child through a Family-Based Petition. The child must have been adopted while under the age of 16 or be the natural sibling of such a child, adopted by the same parents while under the age of 18.

The type of visa your child may receive will determine what steps you need to take for them to acquire US citizenship. All children adopted abroad require an immigrant visa interview at a US Embassy or Consulate before coming to reside permanently in the US. The prospective adoptive parents submit forms and documents to the USCIS, and after the USCIS reviews the paperwork, a case is assigned to the US Embassy or Consulate in the country where the child resides. The Embassy or Consulate schedules the final visa interview once all required documents have been provided. A visa does not guarantee entrance to the US; it only permits the child to arrive and seek permission to enter the country.

Home Study assessments

Adopting a child from another country can be a complicated process. U.S. Citizenship and Immigration Services (USCIS) will determine the eligibility and suitability of prospective adoptive parents and the eligibility of children to immigrate to the United States. USCIS must find prospective adoptive parents (PAPs) suitable and eligible to adopt before they can complete either the Hague Adoption Convention process or the orphan (non-Hague) process.

Home studies are a crucial part of this process, as they help determine whether prospective adoptive parents are suitable and eligible to adopt a child born outside the U.S. A home study is a review of the prospective adoptive parents, their family, and their home environment. It assists USCIS and the foreign country's adoption authority in determining whether the prospective parents and their home environment are suitable for a child. The primary purpose of the home study is to help determine whether you are suitable and eligible to adopt a child. The home study must be completed or reviewed and approved by an accredited agency unless it is conducted by a public foreign or public domestic authority.

Home studies conducted for intercountry adoption cases must comply with U.S. federal regulations (8 CFR 204.311), which set out specific requirements to assist USCIS in determining the suitability of prospective adoptive parents to provide proper care to an adopted child. The home study must specify the country/countries from which the prospective parents are approved to adopt. All home studies must generally comply with all applicable laws and policies in the place of residence (U.S. state or territory or foreign country) and the United States (federal laws governing adoption and immigration, including applicable DHS and Department of State regulations).

Home studies can generally be completed within two to three months, but they sometimes take longer, perhaps up to six months, due to factors such as the time needed for the family to gather paperwork or complete their education, or delays in receiving certain child abuse clearances or criminal clearances. Home studies are valid for six months from the date of signing and must be updated if they are older than six months at the time of submission to USCIS or if there are significant changes in the prospective adoptive parents' household, such as a change in residence, family composition, marital status, criminal history, or financial resources.

The home study concludes with a report that makes recommendations about a PAP's suitability to adopt. USCIS will give considerable weight to the home study but is not bound by its recommendations.

Adoption Service Providers

ASPs are authorised to help with international adoptions in specific countries, so the first step is to choose the country from which you wish to adopt. The next step is to choose an ASP that works in that country. You can search for ASPs by country program on the IAAME or CEAS websites.

It is important to note that the agency that conducts your home study must be licensed in your state of residence. However, the ASP you select as your Primary Provider for an international adoption does not need to be.

ASPs can help you arrange an international adoption placement, but they cannot represent you before U.S. Citizenship and Immigration Services (USCIS) or advise you on the immigration process. USCIS is the U.S. government body that determines the eligibility and suitability of prospective adoptive parents and the eligibility of children to immigrate to the U.S.

International adoption agencies generally provide an estimated total adoption cost of $25,000 to $50,000, which does not include travel expenses. There are also potential challenges associated with international adoption, such as unknown medical history and language barriers.

The Hague Convention

To comply with the Hague Convention, countries must establish a Central Authority to serve as the primary contact and authoritative source of information for adoption processes. This Central Authority is responsible for safeguarding the adoption process and ensuring that it complies with the Convention. The Convention also requires several checks for a child to be eligible for adoption, including verifying the propriety of the adoption under the laws of both the adopting country and the country of origin. It also mandates the use of only certified adoption agencies and requires prior efforts to facilitate domestic adoption before considering international placements.

The United States recognises more than 100 countries as Hague countries, and U.S. citizens habitually resident in the country must generally follow the Hague process when adopting from these nations. The U.S. Central Authority for the Convention is the Department of State, and U.S. Citizenship and Immigration Services (USCIS) plays a key role in processing applications and determining eligibility. Prospective adoptive parents must submit Form I-800A to establish their suitability and eligibility to adopt, and then Form I-800 to determine the child's eligibility as a Hague Convention adoptee. The Convention also provides for recognition by other party countries of adoptions made in accordance with its standards.

Frequently asked questions