Understanding the Hague Treaty on Intercountry Adoption

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Are you considering adopting internationally? You need to listen to this interview about the laws and processes that you will be required to follow. We'll be talking with Kelly Dempsey, a partner with Fox Rothschild, who specializes in adoption and assisted reproduction. She is a fellow in the Academy of Adoption & Assisted Reproduction Attorneys and an adoptive parent through both international and domestic adoptions.

In this episode, we discuss:

1. Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption
   1. Purpose
      1. Key Elements of the Hague Treaty:
         1. Central Authority
         2. Determining the child’s eligibility for intercountry adoption
         3. Accredited or Approved Adoption Agencies
         4. Transparency
2. The Immigration and Nationality Act (INA)
   1. INA 101(b)(1)(F) I-600 “Orphan Route”
      1. Child must qualify as an orphan under US definition
      2. Only one parent – incapable of providing support
      3. Deadlines: I600A before child’s 16th birthday -- only have 180 days to file the I-600, after USCIS approves the I-600
   2. INA 101(b)(1)(G) I-800 “Convention Route”
      1. Work with CA Art 12, Art 16
      2. Eligibility decided by CA COO, but if consulate does an I-604 investigation that disqualifies child, then case will be denied
      3. Deadlines: Must file I-800A before age 16 and within 180 days of the approval of the I-800A, must file the I-800 (even w/o Art 16)
      4. Children adopted from other countries must first obtain a U.S. visa before they can travel or move to the United States. Visas are issued at the U.S. Embassy or Consulate in the foreign country where a child resides. Since a child being adopted abroad by a U.S. citizen parent(s) will usually be brought to live in the United States, that child will need an immigrant visa.
3. International Accreditation Act
4. Process When Adopting from a Hague Country.
5. Process When Adopting from a Non-Hague countries.
   1. Must qualify as orphans as defined by the Immigration and Nationality Act (INA) before they can be considered for U.S. permanent residence or citizenship.
   2. Get more information at the State Department - Adoption Process/Non-Hague Visa Process.
6. More information on the Hague Convention and other applicable Federal regulations
   1. US State Department - International Adoption
   2. US Citizenship and Immigration Services (USCIS)
7. US Department of State has a section on their website on “Understanding the Hague Convention”
8. US Department of State has a section on their website on “Immigrant Visa Process”

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