The INA defines U.S. parameters for intercountry adoptions. INA establishes criteria for children’s entry into the United States and eligibility requirements for prospective adoptive parents of children from foreign countries. A child is eligible for an immediate relative (IR) classification under the INA if the child meets the definition of an “orphan,” as stipulated in the act. In addition, adopting parents must meet certain requirements related to their age, financial status, and medical condition. Over the past 5 years, there have been legislative developments in the U.S. intercountry adoption process, with further changes proposed. The Intercountry Adoption Act of 2000 (IAA) provides the domestic legislation to implement the 1993 Hague Convention on Protection of Children and Co- operation in Respect of Intercountry Adoption, hereinafter referred to as the Hague Convention or the Convention in this report. The IAA designates State to serve as the Central Authority of the United States to carry out most responsibilities of the Convention, including accreditation of adoption service providers. Also in 2000, the United States enacted the Child Citizenship Act to allow automatic citizenship for eligible adopted children. Furthermore, in 2005 congressional legislation was introduced regarding the U.S. intercountry adoption process. Intercountry adoptions may be a viable alternative to domestic adoptions for parents interested in adopting an infant, according to the National Adoption Information Clearinghouse. In fiscal years 2002 to 2004, DHS reported that at least 40 percent of children adopted by U.S. parents were under age 1, and at least 42 percent were between the ages of 1 and 4. In the past 10 years, the annual number of U.S. intercountry adoptions has consistently increased and nearly tripled, from more than 8,000 in fiscal year 1994 to more than 22,000 in fiscal year 2004 (see fig. 1). The majority of children adopted into the United States between 1994 and 2004 have originated from four countries—China, Russia, South Korea, and Guatemala—which consistently ranked among the top five sending countries of children adopted by U.S. parents (see app. II for a listing of all intercountry adoptions by country in fiscal year 2004). In total, adoptions from these four countries accounted for over 70 percent of all U.S. intercountry adoptions in the past 10 years (see fig. 2). Adoptions from China, Russia, and Guatemala increased significantly between fiscal years 1994 and 2004, accounting for the vast majority (92 percent) of the total increase (about 14,000) in U.S. intercountry adoptions during this time. The number of adoptions from South Korea has remained more consistent during this time (see fig. 3). Although the United States is one of the world’s leading receiving countries for intercountry adoptions, some U.S. children are adopted by foreigners. Statistics on the number of U.S. children adopted by foreigners are not currently collected on a national level, however, Canada, for example, reports adoptions of over 700 U.S. children from 1993 to 2002. In recent years, several countries, including the United States, have restricted intercountry adoptions from or to all or specified countries for various reasons, including concerns of fraud, medical concerns, natural disasters, and time allowed for a country to review safeguards in its intercountry adoption process. Although some of these restrictions have since been removed, such as those recently in China, Azerbaijan, and Vietnam, several remain in effect. Currently, the United States has a suspension on intercountry adoptions from Cambodia—the only U.S.- imposed suspension—which was issued in 2001 due to evidence of widespread corruption. Additionally, several foreign governments currently have restricted intercountry adoptions, in some cases because the countries are examining their adoption process (see table 1). The U.S. intercountry adoption process, which is defined by the INA and primarily implemented by USCIS and State, is complicated by a number of domestic and foreign government requirements and can be separated into three phases. First, USCIS determines the parents’ eligibility and fitness to adopt through its review of the prospective parents’ application, home study reports, and background checks. Next, USCIS—or State, in countries where USCIS has no offices—determines the child’s orphan status by examining documents and, when warranted, conducting overseas investigations. Finally, State’s overseas consular officers verify the child’s orphan status and eligibility for an immigrant visa. (Fig. 4 illustrates the three phases of the U.S. government’s process for intercountry adoptions.) Depending on the type of visa issued, children admitted to the United States may qualify for automatic citizenship. Various factors, such as different foreign government’s requirements, contribute to varying lengths of time required for the process and the varying costs incurred by adoptive parents. In the first phase of the U.S. intercountry adoption process, USCIS determines the potential parents’ suitability to adopt a child who resides outside of the United States. The INA defines qualifications for prospective adoptive parents. USCIS implements this requirement through its 68 domestic offices. Prospective parents submit to USCIS fingerprints; a filing fee; home study; proof of compliance with preadoption requirements of the prospective parent’s state of residence; other documents such as proof of citizenship, age, marriage license, and divorce decrees; and, in some cases, an Application for Advance Processing of Orphan Petition (Form I-600A). The home study is completed by a party approved under the laws of the prospective parent’s state of residence, such as an adoption agency, and includes interviews with the family and an assessment of the prospective parent’s suitability to adopt a child. After USCIS receives all required documents from parents, the agency reviews the documents, conducts background checks on all adult members living in the household, and makes its determination. If USCIS determines that the prospective parents are eligible to adopt and fit to provide the child with proper care, then it sends them a Notice of Favorable Determination Concerning Applications for Advance Processing of Orphan Petition (Form I-171H or I-797C). The second phase in the process requires U.S. federal agencies to determine the orphan status of the child to be adopted, as defined by the INA. Depending upon the location of the child, either an USCIS officer or State consular officer determines whether the prospective adoptive child meets the U.S. immigration law definition of an orphan. Once a child has been identified, adopting parents file a Petition to Classify the Orphan as an Immediate Relative (Form I-600), provide proof of the child’s age and identity, proof that the child is an orphan, and proof of a foreign government-issued adoption decree or guardianship. In order to obtain adoption decree or guardianship in the foreign country, parents must meet the foreign government’s laws and requirements. Foreign governments may place additional requirements on prospective parents, including those regarding the prospective parents’ age and residency in country, as well as the requirement for parents to agree to provide post adoption information. The Russian government, for example, requires an agreement from adoptive parents to provide periodic and on time postplacement reports. However, Russian government officials have noted that American adoptive parents have not always complied with this requirement. USCIS or State officials review the documentation for Form I-600 and, depending on the specifics of the case, may also undertake a field investigation. Sometimes officers interview birth mothers or visit orphanages to verify the circumstances surrounding the child’s orphan status. Following the completed review, USCIS or State officials make a determination. If all documents are sufficient and the child has been determined an orphan, USCIS or State officials approve the I-600 petition and send parents a Notice of Approval of Relative Immigration Visa Petition (Form I-171). The third step of the process involves State’s issuance of an immigrant visa to the child for admission into the United States. With respect to state law, most states grant full recognition to a foreign adoption decree. In some instances, states require adoptive parents to validate the foreign decree. After parents have an approved Form I-600, they submit a completed Immigrant Visa application (Form DS-230, Parts I and II) along with the application fee and required documentation. The consular officer then examines the documents, which include the following: child’s birth certificate and passport (or other valid travel document); evidence of adoption or legal custody for purposes of emigration and adoption, as well as evidence of whether the adopting parents saw the child prior to or during adoption proceedings (if applicable); and record of medical exam from the embassy’s panel physician (this exam is largely to ensure that children with communicable diseases do not enter the United States; parents are advised by State to consult with other professionals for complete physical or mental evaluations of the orphan’s health). If significant health problems are uncovered, parents may be asked to sign an affidavit acknowledging their desire to continue with the case given the medical condition of the child and, in some cases, parents may be requested to sign an affidavit regarding their intent to obtain necessary vaccinations for the child upon entry to the United States. State consular officers then approve the child for an IR-3 or IR-4 immigrant visa, if all documentation for the orphan is in order. State provides an immigrant visa package for the child to be presented to the Customs and Border Protection officer at the U.S. port of entry. According to State officials, the visa issuance process usually takes about 1 or 2 days. The INA establishes the criteria by which foreign-born children adopted by U.S. parents become U.S. citizens. Foreign-born children under the age of 18 admitted to the United States and residing permanently in the United States based on an issued IR-3 visa automatically acquire U.S. citizenship as of the date of admission to the United States.