If you wish to adopt a child from overseas, you must undertake a complex process that involves the laws of three jurisdictions--the country of the adopted child, the U.S. federal government and the state in which you reside. The U.S. government has instituted a federal regulatory scheme governing international adoption, and every U.S. state regulates various aspects of adoption.
Eligibility
Before you can adopt abroad, the U.S. government must declare you eligible. You will have to file an application with the U.S. Citizenship and Immigration Service (USCIS) and complete either Form 1-800A or Form 1-600A, depending on the country you are adopting from. If you are required to complete Form 1-800A, it must be approved before you will be permitted to contact the parent, legal guardian or other caretaker of a potential adoptee. The USCIS will then conduct a home study to determine your fitness as a parent and the suitability of your home.
Agencies
If you intend to adopt abroad, you must work with a licensed international adoption agency. The agency you choose must be licensed by the appropriate state licensing entity and, if the country from which you are adopting is a member of the Hague Adoption Convention, either the Council on Accreditation and the State of Colorado Department of Human Services.
Eligible Children
To adopt a child from abroad, the child must be declared eligible for adoption by both the child's home country and the U.S. government. If the child's home country is a member of the Hague Adoption Convention, the child must meet the definition of a Convention Adoptee set forth in the U.S. Immigration and Nationality Act (INA), while a child from a country not a member of the Hague Adoption Convention must qualify as an orphan under the INA. This could matter if, for example, the child is a war refugee whose parents cannot be confirmed to be dead.
Adoption Process
The adoption process varies slightly depending on whether or not the child's home country is a member of the Hague Adoption Convention. If the child's home country is a member of the Hague Adoption Convention, you must choose an accredited adoption agency, apply for eligibility to adopt with the USCIS, be referred for adoption by the child's home country, apply with the USCIS for a determination of the child's eligibility to immigrate to the U.S., adopt the child abroad and obtain an immigrant visa for the child. If the child is from a country that is not a member of the Hague Adoption Convention, adoption agency licensing requirements are different, and you must adopt the child before applying for a determination of the child's eligibility for immigration to the U.S.
State Law
The laws concerning adoption vary from state to state. If state law conflicts with federal law, however, federal law governs. State adoption laws govern consent to adoption, parties to adoptions, infant safe haven laws, putative fathers, adoption expenses and the recognition of adoptions finalized abroad. Some U.S. states automatically recognize international adoptions, other states do not recognize international adoptions but allow re-adoptions in the U.S., and a few states have no statutory provisions on the recognition of international adoptions.
