The Convention applies to an outgoing (emigrating) adoption of a child resident in the United States by a prospective adoptive parent(s) resident in a foreign Convention country (receiving country), where the prospective adoptive parent(s) will move the child to the receiving country after the adoption is completed in the United States or if custody is granted in the United States for the purpose of final adoption in the receiving country.
U.S. citizens living abroad in another Hague Adoption Convention country who plan to adopt a child residing in the United States or a third country, should be aware that the country in which they live may require them to follow local adoption laws and procedures as the receiving country in a Convention adoption, in order for the child to enter that country legally.
Prospective adoptive parents should therefore consult the Central Authority of the receiving country prior to initiating an adoption. Contact information for Central Authorities can be found in the Country Information section of the adoption website, www.adoption.state.gov. Prospective adoptive parents may also contact the Office of Children’s Issues to seek assistance in accessing information from the receiving country on the applicable adoption and immigration requirements.
The receiving country may require that an adoption be processed as a Hague Convention intercountry adoption even in cases where the child and the prospective adoptive parents are U.S. citizens. Adoptive parents’ failure to comply with local adoption laws and procedures to which their adoption may be subject could result in the adopted child’s inadmissibility to enter the receiving country or if admitted, difficulties regarding status and even custody.
Please see the FAQ: Adoptions by Prospective Adoptive Parents (PAPs) who Reside Outside of the United States for additional information.
No, U.S. domestic adoption laws and regulations of the U.S. State where the adoption takes place would apply. However, if the Central Authority of the Convention country where the U.S. prospective adoptive parent(s) reside considers the prospective adoptive parent(s) to be habitually resident in that country, the prospective adoptive parent(s) should proceed with the case as an outgoing Convention adoption case and comply with the Convention country’s local adoption laws and procedures so that the child can enter and reside in that country.
The foreign-authorized adoption service provider working with the prospective adoptive parent(s) is responsible for completing the home study. The home study must be prepared in accordance with the laws of the receiving country and must include the content described in 22 CFR § 97.3(d).
If a U.S. citizen residing abroad in another Hague Adoption Convention country plans to adopt a child residing in the United States, they should consult the Central Authority of the country in which they are residing prior to initiating an adoption. This is true regardless of whether their spouse is a U.S. citizen or they are a dual citizen. If the country in which they live considers them to be habitual residents, that country may require them to follow local adoption laws and procedures as the receiving country in a Convention adoption, in order for the child to enter that country legally.