Children’s Bureau/ACYF/ACF/HHS

800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov

FACTSHEET 

FOR FAMILIES

July 2014

WHAT’S INSIDE

Table: Comparison 

of adoptions from 

Convention vs. nonConvention countries

Frequently asked 

questions

Resources for further 

information

Intercountry Adoption From 

Hague Convention and NonHague Convention Countries

The process for adopting a child from another 

country (intercountry adoption) changed in some 

significant ways with the U.S. ratification of the 

Hague Convention on Protection of Children 

and Co-operation in Respect of Intercountry 

Adoption (the Convention). The Convention went 

into effect in the United States on April 1, 2008. 

The Convention is designed to promote the best 

interests of children, biological families, and 

adoptive families and to prevent the abduction, 

sale, and trafficking of children. In this country, 

the U.S. Department of State has overall 

responsibility for implementing the Convention, 

although the U.S. Citizenship and Immigration 

Services (USCIS) within the Department of 

Homeland Security also plays a significant role.
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As of August 2013, approximately 89 nations are parties to the Convention (U.S. Department of State, Bureau of Consular 

Affairs, Office of Children’s Issues, 2013). (To view the list of countries, visit http://adoption.state.gov/hague_convention/

countries.php.) When a U.S. citizen wants to adopt a child from any of these nations, Convention rules apply. When 

adopting a child from a country that is not a party to the Convention (a non-Convention country), the rules of the orphan 

visa process apply. 

This factsheet is designed to provide basic comparative information about the two types of intercountry adoption, as 

well as resources for more detailed information. It is a companion piece to Intercountry Adoption: Where Do I Start?

(https://www.childwelfare.gov/pubs/f_inter/index.cfm). Prospective parents are encouraged to read that publication for 

more complete information on the intercountry adoption process and related decisions. Prospective parents should also 

check the websites of the U.S. Department of State (http://www.adoption.state.gov/) and USCIS (http://www.uscis.gov/

adoption). 

Note: This factsheet is intended to provide a general overview of intercountry adoption. It is not intended to serve as 

a detailed directory of legislation, nor is it intended to provide legal advice. For more detailed information, check with 

an accredited or approved adoption services agency or attorney. For a list of accredited or approved providers, visit 

the Department of State’s adoption services provider search at http://adoption.state.gov/hague_convention/agency_

accreditation/agency_search.php. 
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Table: Comparison of Adoptions From Convention vs. Non-Convention Countries

Use the table below to view similarities and compare differences in the process for the two types of intercountry 

a

1 doption—from Convention and non-Convention countries. 

Variable Type of Adoption

Participating 

countries

Convention Non- Convention

For an up-to-date list of all Convention countries, 

go to http://adoption.state.gov/hague_convention/

countries.php. The Convention countries from which 

the most children were adopted in the United States 

in 2012 were:

• China

• Colombia

• India (U.S. Department of State, Bureau of 

Consular Affairs, Office of Children’s Issues, 2013)

The non-Convention countries from which the most 

children were adopted in the United States in 2012 

were:

• Ethiopia 

• Russia

• Republic of Korea (U.S. Department of State, 

Bureau of Consular Affairs, Office of Children’s 

Issues 2013)

Accreditation 

of adoption 

providers (e.g., 

agencies)

Both types of adoption

The Intercountry Adoption Universal Accreditation Act of 2012 (UAA) (P.L. 112-276) was signed into law on 

January 13, 2013, and goes into effect on July 13, 2014. Under the UAA, all agencies or persons providing any 

of the defined intercountry adoption services must (1) be accredited or approved to the standards set forth 

in the Convention, regardless of whether the case falls under the Convention or the orphan (non-Convention) 

process, (2) be supervised by an accredited or approved provider, or (3) be exempted from accreditation. 

Adoption services include the following:

• Identifying a child for adoption and arranging an adoption

• Securing the necessary consent to termination of parental rights and to adoption

• Performing a background study on a child or a home study on a prospective adoptive parent and 

reporting on such a study

• Making nonjudicial determinations of the best interests of a child and the appropriateness of an adoptive 

placement for the child

• Monitoring a case after a child has been placed with prospective adoptive parents until final adoption

• Assuming custody and providing (including facilitating the provision of) child care or any other social 

service pending an alternative placement, when necessary because of a disruption before final adoption 

[22 CFR § 96.2] 1

To be approved or accredited, providers must meet eligibility requirements in nine areas, including ethical 

practices, information disclosure, and service planning. For the complete Federal regulations (22 CFR Part 

96), see http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title22/22cfr96_main_02.tpl. 

The Council on Accreditation (http://coanet.org/) is the Department of State-designated accrediting entity. 

To find an accredited and approved service provider, visit http://adoption.state.gov/hague_convention/

agency_accreditation/agency_search.php. For a list of agencies denied accreditation, visit http://adoption.

state.gov/hague_convention/agency_accreditation/deniedagencies.php. 

Note: In the Federal regulations for the Convention, nonprofit agencies are “accredited,” while individuals 

and for-profit agencies providing services are “approved.” 

Each Convention country determines which accredited or approved service providers are permitted to 

perform adoption services in its country and may have their own accreditation requirements. 

1 For information on adoption disruption, refer to Information Gateway’s Adoption Disruption and Dissolution at https://www.childwelfare.gov/pubs/s_disrup.cfm.
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Variable Type of Adoption

Home study Both types of adoption

The home study must be approved by the USCIS and must include specific information about the parents 

and their suitability. Countries of origin may have their own home study requirements, too. Home studies 

often focus on a variety of issues, including financial considerations; parental physical, mental, emotional, 

and behavioral health; placement suitability; and the parents’ eligibility to adopt from the specific country. 

Convention Non-Convention

A home study must be conducted by an individual 

or entity defined as a home study preparer for 

Convention cases. This includes a public domestic 

authority, an accredited agency, an approved person, 

a supervised provider, an exempted provider, or 

others who hold the proper licenses or authorizations.

For additional information about the Hague home 

study process, visit http://www.uscis.gov/adoption/

home-study-information/hague-home-study/

hague-home-study-guidelines.

Parents must choose the country of the child to be 

adopted before the home study is conducted.

Parents may have a home study conducted by 

an adoption provider licensed in their State 

before they decide from which country they 

are likely to adopt. The home study must 

comply with USCIS home study requirements 

(see http://www.uscis.gov/adoption/homestudy-information/orphan-home-study/

orphan-home-study-guidelines). 

Parents may have the home study completed before 

they finalize their selection of a country.

Applicable forms Convention Non-Convention

• USCIS Form I-800A, Application for Determination 

of Suitability to Adopt a Child From a Convention 

Country (http://www.uscis.gov/i-800a). This form 

is required and must be filed and approved by 

USCIS before a child is matched with a family. Its 

approval signifies that you have been approved as 

an adoptive parent.

• USCIS Form I-800, Petition to Classify Convention 

Adoptee as an Immediate Relative (http://www.

uscis.gov/i-800). This form is filed only after 

all consents for release of the child have been 

made by the child’s country and after the Central 

Authority in the child’s country determines that 

intercountry adoption is in the child’s best interest. 

Its approval signifies that you have been approved 

as adoptive parents for a specific child.

• USCIS Form I-600A, Application for Advance 

Processing of Orphan Petition (http://www.uscis.

gov/i-600a). This optional form can be completed 

and filed before a specific child is identified. The 

approval of this form signifies you have been 

approved as adoptive parents.

• USCIS Form I-600, Petition to Classify Orphan as 

an Immediate Relative (http://www.uscis.gov/i600). This is a form that requires proof that the 

child is an orphan and fulfills other requirements 

necessary for the child to be permitted to 

immigrate to the United States. The approval of 

this form signifies your adoption of the child.
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Variable Type of Adoption

Requirements 

regarding 

prospective 

parents

Both types of adoption

Parents must be approved by the USCIS on the basis of information they provide about their background, 

health, financial stability, and other characteristics in a home study document. If married, prospective 

parents must go through the adoption and immigration process together, and at least one spouse must be 

a U.S. citizen. If single, the prospective parent must be a U.S. citizen. The USCIS will conduct background 

and criminal checks on all household members aged 18 and older. Individual countries may have specific 

eligibility requirements for parents regarding age, marital status, health, income, and more.

Convention Non-Convention

Parents must be habitually resident in the United 

States. For a definition of habitually resident, visit 

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c

=ecfr&rgn=div5&view=text&node=8:1.0.1.2.8&i

dno=8#8:1.0.1.2.8.3.1.4.

Unmarried parents must be at least 24 years of age 

when they file Form I-800A and at least 25 years old 

when they file Form I-800. 

Other requirements may apply according to the 

agency or service provider the parents use. Parents 

do not have to be habitually resident.

Unmarried parents must be at least 25 years old 

when they file Form I-600. 

Requirements 

regarding the 

child to be 

adopted

Both types of adoption

The child must be younger than 16 years old on the filing date of the immigration petition in order to be 

eligible to immigrate to the United States for purposes of adoption. (There are some exceptions to this, such 

as when the child is a biological sibling of an adoptee and is under the age of 18. For more information, refer 

to I am a U.S. Citizen: How Do I Immigrate an Adopted or Prospective Adopted Child or Help My Adopted 

Child Become a U.S. Citizen or U.S. Permanent Resident? at http://www.uscis.gov/sites/default/files/USCIS/

Resources/A3en.pdf.)

Convention Non-Convention

The child must be habitually resident in a Convention 

country. The Central Authority of the child’s country 

determines that the child is eligible for intercountry 

adoption. Two birth parents may be living but may 

release the child for adoption if they are incapable 

of caring for the child. If one birth parent has died 

or disappeared or has abandoned, or deserted the 

child, the remaining birth parent is not required to 

show that he or she is incapable of providing care. 

The child must meet the definition of an orphan: 

Both birth parents must have died or disappeared 

or must have abandoned or deserted the child. Or, if 

the child has a sole or surviving parent, the remaining 

parent must be incapable of providing proper care 

and irrevocably release the child for emigration and 

adoption. The child also must meet any requirements 

of his or her country for intercountry adoption.

Parent training Both types of adoption

Parents are required to complete at least 10 hours of training prior to the adoption, which is separate from 

any home study requirement. Countries of origin may have additional training requirements for parents. 

Parents may be exempted from training by the primary provider if the parents already have completed other 

sufficient training.

Costs and 

payments Both types of adoption

Parents, agencies, and service providers are prohibited from giving money or other favors to a child’s birth 

parents or other individuals or agencies as an inducement to release the child for adoption. The service 

provider must disclose fees and estimated expenses in writing for such services as conducting the home 

study, child care, translations, travel, and contributions to child welfare service programs in the child’s 

country.
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Variable Type of Adoption

Involvement of 

USCIS

Convention Non-Convention

USCIS must determine the eligibility and suitability of 

parents (Form I-800A) before a child is matched with 

the parents and before a Convention petition (Form 

I-800) may be filed for a specific child. For more 

information, visit http://www.uscis.gov/adoption/

immigration-through-adoption/hague-process. 

To approve Form I-600, USCIS determines whether 

the child to be adopted is either classified as an 

orphan or is an eligible biological sibling. Adoption 

in another country does not guarantee that the child 

will be able to enter the United States. USCIS also 

reviews Form I-600A, if submitted.

Prospective parents may also apply for advance 

processing. For more information, visit http://www.

uscis.gov/adoption/immigration-through-adoption/

orphan-process. 

Involvement of the 

U.S. Department 

of State

Convention Non-Convention

The Department of State issues IH-3 visas for 

children coming to the United States with full and 

final adoptions completed abroad and IH-4 visas for 

children coming to the United States to be adopted.

The Department of State issues IR-3 visas for children 

coming to the United States with full and final 

adoptions completed abroad. It issues IR-4 visas for 

children who are coming to the United States to be 

adopted, who were adopted abroad by only one 

parent who is married, or who were not seen by the 

parent(s) prior to or during the adoption.

Complaints Both types of adoption

All accredited and approved providers are required to have a policy for handling complaints. If the person 

complaining is not satisfied with the provider’s response, there is a web-based complaint registry: http://

adoptionusca.state.gov/HCRWeb/WelcomeForm.aspx. 

Complaints made through the registry are passed on to the accrediting entity for investigation. 

Parents also may complain to their State’s adoption agency licensing authority (see the National Foster 

Care and Adoption Directory Search at https://www.childwelfare.gov/nfcad for a list) or the Better Business 

Bureau.

Frequently Asked Questions About 

Intercountry Adoption

What are the different types of service 

providers for Convention adoptions?

There are three different types:

 Primary providers must be accredited according to 

the standards set forth in the Convention, including 

the implementing law and regulations. They ensure 

the delivery of all six adoption services by providing 

the services themselves or by arrangements with other 

providers, including domestic and foreign supervised 

providers, public authorities, and others. 

 Supervised providers may be agencies, organizations, 

or individuals (including facilitators or attorneys) in 

the United States or foreign countries. The supervised 

provider must meet certain requirements and enter 

into a written agreement with the primary provider to 

conduct their services in an ethical manner consistent 

with the Convention and applicable U.S. law and 

regulations. Supervised providers may provide some 

of the six services under the supervision of the primary 

provider. They may not supervise other providers.

 Exempt providers are not accredited or approved. 

They include social work professionals or organizations 

that conduct a home study of parents or a background 

study on a child. The study must be reviewed and 

approved by a Convention-accredited primary 

provider.
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For more information, visit the U.S. Department of 

State website at http://adoption.state.gov/adoption_

community/agencies/supervised.php. 

How should I select an adoption service 

provider?

Prospective parents need to have a full understanding 

of the adoption service provider’s services as well as 

the costs of those services before, during, and after 

the adoption. The services include the six adoption 

services outlined in the law plus other services, such as 

translation, document review, travel, third-party fees, and 

postplacement and postadoption reports. They should 

know whether the primary provider or a supervised 

provider will be responsible for each service. This 

information should be in writing. Service providers vary 

widely in the services they offer. 

For help selecting a provider, read Information Gateway’s 

How to Assess the Reputation of Licensed, Private 

Adoption Agencies at https://www.childwelfare.gov/pubs/

twenty.cfm. 

How can my family receive services after we 

adopt?

Adoptive families, including those who adopt from 

other countries, may at some point need to access 

postadoption services. Prospective adoptive families 

should begin working with their adoption services 

providers to determine potential service needs before 

the adoption is finalized. The Federal Government 

encourages States to provide postadoption services to 

any family that needs them, including those that adopted 

from other countries (U.S. Department of Health and 

Human Services, Administration for Children and Families, 

2014). Examples of postadoption services include support 

groups; therapy or counseling; respite care; camps, social 

events, and heritage activities; and educational resources 

(Child Welfare Information Gateway, 2012). 

With the increasing ease of finding personal information 

online worldwide, more and more adopted children, 

including those adopted from other countries, and their 

birth families are finding each other through the Internet 

(Pinderhughes, Matthews, Deoudes, & Pertman, 2013). 

Adoptive families may want to request assistance from 

their adoption services provider about how they can 

support their children in safely navigating the Internet 

if they search for birth relatives and how the family can 

navigate any newly established relationships with the 

child’s birth family. (For more information about open 

adoption and contact with birth families, visit Child 

Welfare Information Gateway at https://www.childwelfare.

gov/adoption/adoptive/contacts.cfm.) The availability of 

services may vary depending on your State or locality. 

To view more information on potential postadoption 

services by State, visit Child Welfare Information 

Gateway’s Adoption Assistance by State at https://www.

childwelfare.gov/adoption/adopt_assistance/questions.

cfm?quest_id=7. 

The following are additional resources for postadoption 

services:

 Post Adoption (U.S. Department of State) 

http://adoption.state.gov/adoption_process/how_to_

adopt/postadoption.php

 Finding and Using Postadoption Services (Child 

Welfare Information Gateway) 

https://www.childwelfare.gov/pubs/f_postadoption.

cfm

 Selecting and Working With a Therapist Skilled in 

Adoption (Child Welfare Information Gateway) 

https://www.childwelfare.gov/pubs/f_therapist.cfm

How can I adopt a relative from overseas?

The prospective parents and child must meet all the 

same requirements of U.S. immigration law, regardless of 

whether the child is a relative. This is true for Convention 

and non-Convention adoptions. For more information, 

visit the U.S. Department of State website at http://

adoption.state.gov/adoption_process/who_can_adopt/

relatives.php.

2

2 A third way to legally bring an adopted child to reside permanently in 

the United States is the immediate relative process. For more information, 

visit http://www.uscis.gov/adoption/immigration-through-adoption/

other-adoption-related-immigration.
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Under the Convention, can children from the 

United States still be adopted by citizens of 

other countries?

The primary focus of the Convention is on serving the 

best interests of children who either have no parents 

or whose parents are unable to care for them. There is 

general agreement that such children are best served 

through placement with family members or, if that is not 

possible, placement with another family in their home 

country. Therefore, it is only after these possibilities 

have been given due consideration that a child might be 

eligible for placement in another country. In addition, 

the prospective adoptive parents must petition a U.S. 

State adoption court with jurisdiction over the case to 

adopt the child and must present all supporting evidence 

required by State law. The State court must find that the 

adoption is consistent with the Convention safeguards 

and in the child’s best interests. The court is responsible 

for issuing the final adoption decree or grant of custody 

for purposes of emigration and adoption in another 

country.

The U.S. State Department has information about these 

adoptions from the United States (outgoing cases) at 

http://adoption.state.gov/hague_convention/outgoing.

php. 

Additional Resources 

U.S. Department of State. Offers information for 

prospective parents and adoption professionals, including 

booklets on specific countries, news and alerts on 

intercountry adoption, Convention information, and more: 

http://www.adoption.state.gov

The Universal Accreditation Act of 2012 

 Hague vs. Non-Hague Adoption Process 

http://adoption.state.gov/hague_convention/hague_

vs_nonhague.php

 Intercountry Adoption From A to Z 

http://adoption.state.gov/content/pdf/Intercountry_

Adoption_From_A_Z.pdf



http://adoption.state.gov/hague_convention/agency_

accreditation/universal_accreditation_act.php

 The Hague Convention on Intercountry Adoption: A 

Guide for Prospective Adoptive Parents 

http://adoption.state.gov/content/pdf/PAP_Guide_1.

pdf

 Immigrant Visa Process 

http://adoption.state.gov/us_visa_for_your_child/visas.

php

 Alerts & Notices

http://adoption.state.gov/country_information/alerts_

notices.php

U.S. Citizenship and Immigration Services. Provides 

information on Convention and non-Convention 

adoptions and the immigration of adopted children into 

the United States: http://www.uscis.gov/adoption

 I Am a U.S. Citizen How Do I... Immigrate an Adopted 

or Prospective Adopted Child or Help My Adopted 

Child Become a U.S. Citizen or U.S. Permanent 

Resident?

http://www.uscis.gov/sites/default/files/USCIS/

Resources/A3en.pdf

 After Approval of Orphan and Hague Application 

http://www.uscis.gov/adoption/after-approval/

after-approval-orphan-and-hague-application

 Bringing Your Internationally Adopted Child to the 

United States 

http://www.uscis.gov/adoption/bringing-yourinternationally-adopted-child-united-states

Child Welfare Information Gateway. Offers general 

adoption information and resources specific to 

intercountry adoptions: 

https://www.childwelfare.gov/adoption/types/intercountry

 Intercountry Adoption: Where Do I Start?

https://www.childwelfare.gov/pubs/f_inter/index.cfm

 Adopting Children From Another Country 

https://www.childwelfare.gov/adoption/adoptive/

other_country.cfm

 After Intercountry Adoption 

https://www.childwelfare.gov/adoption/

adopt_parenting/intercountry/

 National Foster Care and Adoption Directory 

https://www.childwelfare.gov/nfcad
Intercountry Adoption From Hague Convention and Non-Hague Convention Countries https://www.childwelfare.gov

U.S. Department of Health and Human Services, 

Centers for Disease Control and Prevention. Provides 

information about health issues and the intercountry 

adoption process, including finding a medical provider in 

the United States: 

http://www.cdc.gov/immigrantrefugeehealth/adoption/

index.html

Joint Council on International Children’s Services.

Seeks to advance the overall well-being of vulnerable 

children in 52 countries: http://www.jointcouncil.org/

References

Child Welfare Information Gateway. (2012). Finding and 

using postadoption services. Retrieved from https://

www.childwelfare.gov/pubs/f_postadoption.cfm

Pinderhughes, E., Matthews, J., Deoudes, G., & 

Pertman, A. (2013). A changing world: Shaping best 

practices through understanding of the new realities 

of intercountry adoption. Retrieved from http://

adoptioninstitute.org/publications/a-changing-worldshaping-best-practices-through-understanding-of-thenew-realities-of-intercountry-adoption/

U.S. Department of Health and Human Services, 

Administration for Children and Families. (2014). 

Re-homing of adopted children: Responsibilities for 

States and opportunities in the provision of postadoption services (ACYF-CB-IM-14-02). Retrieved from 

http://www.acf.hhs.gov/sites/default/files/cb/im1402.

pdf

U.S. Department of State, Bureau of Consular Affairs. 

(2013). Convention countries. Retrieved from http://

adoption.state.gov/hague_convention/countries.php

Suggested citation:

Child Welfare Information Gateway. (2014). Intercountry 

adoption from Hague Convention and non-Hague 

Convention countries. Washington, DC: U.S. Department 

of Health and Human Services.

U.S. Department of Health and Human Services 

Administration for Children and Families 

Administration on Children, Youth and Families 

Children’s Bureau