INDUS PACIFIC LAW OFFICE OF HAMAD ALI.

Understanding Intercountry Adoption: Immigration Categories and Legal Complexities

Introduction:
Intercountry adoption is a complex legal process governed by international treaties and U.S. immigration laws. Prospective adoptive parents must navigate various legal pathways depending on the child’s country of origin and residency status.

Key Adoption Categories:

1. Hague Convention Adoptions – Applies when both the U.S. and the child’s home country are signatories to the Hague Convention. The process involves stricter regulations and requires accredited adoption agencies.
2. Non-Hague (Orphan) Adoptions – Covers cases where the child’s country of origin has not ratified the Hague Convention. Prospective parents must prove the child qualifies as an “orphan” under U.S. immigration law.
3. Adoptions with Two Years of Legal Custody and Residency – A U.S. citizen who has legally adopted and resided with a child for at least two years may petition for their immigration without Hague or orphan classifications.

Legal Challenges & Attorney Roles:

• Attorneys can provide legal services but cannot facilitate adoptions unless accredited.
• Immigration and visa classifications (IR-3, IR-4, IH-3, IH-4) depend on the adoption type and whether it is finalized abroad.
• The Universal Accreditation Act extended Hague rules to non-Hague cases, further regulating intercountry adoptions.

Conclusion:
Intercountry adoption remains a viable path to family-building despite declining numbers due to legal and procedural changes. Understanding the adoption framework and legal obligations ensures compliance and helps families successfully navigate the process.

U.S. Code Sections on Adoption & Immigration

• 8 U.S.C. § 1101(b)(1)(E)
  Defines an “adopted child” for immigration as one who:
  • Was adopted before age 16, and
  • Has lived in legal and physical custody of the adoptive parents for at least 2 years.
• 8 U.S.C. § 1101(b)(1)(F)
  Defines an “orphan” for immigration purposes under the Orphan (non-Hague) process.
• 8 U.S.C. § 1101(b)(1)(G)
  Covers adoptions under the Hague Convention process for children from Hague-participating countries.
• 8 U.S.C. § 1431 (INA § 320)
  Grants automatic U.S. citizenship to adopted children who:
  • Are under 18,
  • Have at least one U.S. citizen parent,
  • Reside in the U.S. as lawful permanent residents,
  • Live in the legal and physical custody of the U.S. citizen parent.