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Intercountry Adoption > Country Information > China Intercountry Adoption Information
Updated due to new national security legislation in the Hong Kong Special Administrative Region.
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See specific risks and conditions in each jurisdiction.
New intercountry adoptions are not currently possible between the People’s Republic of China (PRC) and the United States. In March 2020, the Ministry of Civil Affairs suspended intercountry adoption processing due to the COVID-19 pandemic. With the exception of a few cases in the last stage of adoption, this decision applies to all pending and future cases. The Department of State remains actively engaged with the PRC government on this issue.
The People’s Republic of China is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). Intercountry adoption processing in Convention countries must be done in accordance with the requirements of the Hague Adoption Convention; the U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA); and the IAA’s implementing regulations; as well as the implementing legislation and regulations of the People’s Republic of China.
To bring an adopted child to the United States from the People’s Republic of China, you must meet certain suitability and eligibility requirements. USCIS determines who is suitable and eligible to adopt a child from another country and bring that child to live in the United States under U.S. immigration law. For more information, please see USCIS webpages on suitability determinations and USCIS policy guidance on adoptive parent suitability determinations
Additionally, a child must meet the definition of a Convention adoptee under U.S. immigration law in order to be eligible to immigrate to the United States with an IH-3immigrant visa.
In addition to being found suitable and eligible to adopt by USCIS, prospective adoptive parents seeking to adopt a child from the People’s Republic of China must meet the following requirements imposed by the People’s Republic of China:
Note: Applications from individuals with past criminal records will be considered on a case-by-case basis if the individual has three or fewer minor criminal violations that did not result in severe outcomes (none in the last ten years) and five or fewer traffic violations with no severe outcomes.
Because the People’s Republic of China is party to the Hague Adoption Convention, children from the People’s Republic of China must meet the requirements of the Convention in order to be eligible for intercountry adoption. For example, the adoption may take place only if the competent authorities of the People’s Republic of China have determined that placement of the child within China has been given due consideration and that an intercountry adoption is in the child’s best interests.
In addition to qualifying as a Convention adoptee under U.S. immigration law, the child must also meet the following requirements imposed by The People’s Republic of China:
After the referral is sent and the prospective parent(s) accept the referral (see the step-by-step description of the Chinese adoption process, below), at least four to eight more weeks may elapse before the prospective adoptive parents receive the Chinese central authority’s final approval to travel to China.
Families should allow at least three weeks in China to finalize their child's adoption and immigration procedures. The Chinese central authority has advised local officials to try to complete the process within 15 days after the prospective adoptive parents arrive in China. The child's Chinese passport, exit permits, and U.S. immigrant visa process will take another 7-10 days after the adoption is finalized.
Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are eligible for adoption. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when possible.In such cases, the birth parent(s) have not relinquished their parental rights or consented to the adoption of their child(ren).
Do not adopt or obtain legal custody of a child in China before: 1) USCIS has approved your Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, 2) the Central Authority of China has determined the child is eligible for intercountry adoption, 3) USCIS has provisionally approved your Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, and 4) a U.S. consular officer has issued an “Article 5/17 Letter” in the case. Read on for more information.
The People’s Republic of China’s Central Adoption Authority
Department of Children’s Welfare, Ministry of Civil Affairs
The Process
Because the People’s Republic of China is party to the Hague Adoption Convention, adoptions from the People’s Republic of China must follow a specific process designed to meet the Convention’s requirements. A brief summary of the Convention adoption process is provided below. You must complete these steps in the following order to meet all necessary legal requirements. Adoptions completed out of order may result in the child not being eligible for an immigrant visa to the United States.
1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider that Has Been Authorized by China’s Central Authority to Operate in the People’s Republic of China
The first step in adopting a child from the People’s Republic of China is to select an adoption service provider in the United States that has been accredited or approved to provide intercountry adoption services to U.S. citizens [and that has been authorized by the PRC Government]. A primary provider must be identified in each Convention case and only accredited or approved adoption service providers may act as the primary provider in your case. Unless a public domestic authority is providing all adoption services in your case, a primary provider is required in every intercountry adoption case. Your primary provider is responsible for:
Accredited ASPs generally handle intercountry adoptions from specific countries. Information about accredited ASPs and their specific country programs is available on our website. Please note: While the agency that conducts your home study must be licensed in your state of residence, the ASP you select to be your Primary Provider (often referred to as a “placing agency”) for an intercountry adoption does not. If you do not locate an accredited ASP with a program that meets your needs or works in the PRC, you may wish to consult one or both of the accrediting entities that have oversight of ASPS: 1) Intercountry Adoption Accreditation and Maintenance Entity (IAAME), www.iaame.net/contact, and 2) Center for Excellence in Adoption Services (CEAS), www.ceadoption.org/contact.
2. Apply to USCIS to be Found Suitable and Eligible to Adopt
In order to adopt a child from the People’s Republic of China, you will need to meet the requirements of the PRC Government and U.S. immigration law.
After you choose an accredited or approved adoption service provider, you must be found suitable and eligible to adopt by USCIS by submitting Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country. You will need to submit a home study, provide biometrics, and cooperate in a background check as part of this application. Please see USCIS webpages on suitability determinations and USCIS policy guidance on adoptive parent suitability determinations. Unless an exception applies, the home study must be prepared by a person who is authorized under 22 CFR 96 to prepare home studies and must comply with the requirements in 8 CFR 204.311.
3. Apply to the People’s Republic of China’s Authorities to Adopt, and be Matched with a Child
Submit Your Dossier to the Central Authority
After USCIS determines that you are suitable and eligible to adopt and approves the Form I-800A application, your adoption service provider will provide your approval notice, home study, and any other required information to the adoption authority in the People’s Republic of China as part of your adoption application. China’s adoption authority will review your application to determine whether you are also suitable and eligible to adopt under PRC law.
Receive a Referral for a Child from the Central Authority
If both the United States and the People’s Republic of China determine that you are suitable and eligible to adopt, and China’s Central Authority for Convention adoptions has determined that a child is eligible for adoption and that intercountry adoption is in that child’s best interests, the Central Authority for Convention adoptions in the People’s Republic of China may provide you with a referral. The referral is a proposed match between you and a specific child based on a review of your dossier and the needs of the child. The adoption authority in the People’s Republic of China will provide a background study and other information, if available, about the child to help you decide whether to accept the referral. We encourage families to consider consulting with a medical professional and their adoption service provider to understand the needs of the specific child but you must decide for yourself whether you will be able to meet the needs of and provide a permanent home for a specific child. You must also adhere to the recommendations in the home study submitted to USCIS with respect to the number of children and capacity to deal with any special needs of an adoptive child. Learn more about Health Considerations. If you accept the referral, the adoption service provider communicates that to the Central Authority in the PRC. Learn more about this critical decision.
Prospective adoptive parents either accept or refuse a referral and send the document to their agency, which forwards it to CCCWA. CCCWA requires a response on a referral within three months of sending a referral to a family. If PAPs are considering refusing a referral they should work with their ASP to approach CCCWA for second referral. CCCWA will only accept requests for a second referral is the CCCWA considers the reason for rejecting the first referral to be justified. If the reason for the rejection is considered justifiable, such as a medical need that the prospective adoptive parents feel they cannot meet, the CCCWA may refer a second child to the prospective adoptive parents within a month's time. If CCCWA regards the rejection as unreasonable, the prospective adoptive parents will have difficulty obtaining a second referral and CCCWA may suggest that the prospective adoptive parents withdraw their application for adoption in the People’s Republic of China.
Requirements for Adopting Children with disabilities or older children: Once prospective adoptive parents decide to accept a referral of a child with disabilities or an older child, they have 72 hours to fill out the necessary forms to complete their pre-approval application. Prospective adoptive parents can review the case, including the medical and growth records and a photo of the child. The specific medical or other needs of the child is documented in the referral and the prospective adoptive parents can decide if they can meet the child's needs; for example, whether their insurance would cover the child's medical needs, and whether they themselves are able to provide any educational or rehabilitative support, etc. If the prospective adoptive parents decide they are able to meet this child's needs, they indicate such to the CCCWA and from that point onward they have 72 hours to fill out the necessary forms to complete the dossier. If the prospective adoptive parents have not completed the forms and submitted them within 72 hours, the child's name goes back on the list and other prospective adoptive parents can review that child's file. For detailed information, please consult your adoption service provider.
4. Submit a Form I-800 Petition to Obtain Provisional Determination on the Child’s Immigration Eligibility
Submit a Petition for a Determination on the Child’s Immigration Eligibility
After you accept being matched with a particular child, you will apply to USCIS for provisional approval for the child to immigrate to the United States by filing the Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. USCIS will make a provisional determination as to whether the child appears to meet the definition of a Convention adoptee and will likely be eligible to be admitted to the United States.
Submit an Immigrant Visa Application
After provisional approval of Form I-800 petition, if you intend to bring your child to the United States to reside with you, you or your adoption service provider will submit a visa application to the consular section of the U.S. Consulate in Guangzhou responsible for issuing immigrant visas to children from the People’s Republic of China.
You should receive a letter from the National Visa Center (NVC) confirming receipt of the provisionally approved Form I-800 petition and assigning a case number and an invoice ID number. Use this information to log into the Consular Electronic Application Center (CEAC) to file the Electronic Immigrant Visa Application (DS-260) for your child. An adoptive parent should fill out these forms in your child's name. Answer every item on the form. If information is not applicable, please write “N/A” in the block. Please review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact the NVC at NVCAdoptions@state.gov or +1-603-334-0700 if you have questions about completing the online DS-260 form. A consular officer will review the provisionally approved Form I-800 petition and the visa application and, if applicable, advises you of options for the waiver of any ineligibilities related to the visa application.
The consular officer will send a letter (referred to as an “Article 5/17 Letter”) to China’s Central Authority in any intercountry adoption involving U.S. citizen parents and a child from China if all Convention requirements are met and the child appears eligible to immigrate to the United States. This letter will inform the China’s Central Authority that the parents are suitable and eligible to adopt, that the child appears eligible to enter and reside permanently in the United States, and that the U.S. Central Authority agrees that the adoption may proceed.
Warning: Do not attempt to adopt or obtain custody of a child in China before you receive provisional approval of your Form I-800 petition AND a U.S. consular officer issues the “Article 5/17 Letter” for your adoption case.
Remember: The consular officer will make a final decision about a child’s eligibility for an immigrant visa later in the adoption process.
5. Adopt the Child in the People’s Republic of China
Remember: Before you adopt a child in the People’s Republic of China, you must have completed the above four steps. Only after completing these steps can you proceed to finalize the adoption.
The process for finalizing the adoption or obtaining legal custody for purposes of emigration and adoption in China generally includes the following:
Administers the provincial Departments of Civil Affairs, which issue the final adoption certificate; and
Licenses Child Welfare Institutes (CWI) and SWIs which place children for intercountry adoption.
In the adoption services contract that you sign at the beginning of the adoption process, your agency will itemize the fees and estimated expenses related to your adoption process.
Some of the fees specifically associated with adopting from the People’s Republic of China include:
The authentication/legalization of documents by the Chinese Embassy or Consulate in the United States costs $10 per document, whether the document is one or multiple pages. The fee is for authentication of the seal.
The CCCWA International Adoption Service Fee is $1240 for each adopted child, and a $300 fee due with the submission of the first post-placement report. The initial CCCWA service fee is $1100, plus $350 for translation of the documents submitted in the dossier. For stepchildren who are being adopted by a stepparent, the service fee is $800, and there is no translation fee. The translations can be done in the United States or China, however, the CCCWA advises that the translations must be correct and that CCCWA will rectify, and charge for correcting any errors.
Fees for issuance of certificates, and for notarization of those certificates, may vary based on province.
Note: The certificate approving the adoption, birth certificate and abandonment certificate normally come together in a packet notarized by the provincial notary office. The U.S. Consulate General in Guangzhou no longer requests the notarized adoption certificate but still requires the birth certificate and abandonment certificate to be notarized. Many provincial notary offices still issue these three notaries as a package. Additional documents may be required (e.g., death certificates, if applicable) but the cost of issuance and notarization of such documents is not included in this fee.
Chinese passports cost $25 for the normal 15-working-day issuance. Charges for expedited service differ by province.
Donation to individual Children’s Welfare Institutes is made on a voluntary basis. Donation amount, purpose and method are determined by PAPs. If PAPs decide to provide a donation, they can do so after the registration of adoption.
U.S. adoptive parent(s) who believe that they were compelled at any point during the adoption process to pay exorbitant fees not in of keeping with the general information provided in this information sheet should notify the U.S. Consulate General in Guangzhou.
Documents Required:
Note: Additional documents may be requested.
6. Secure a U.S. Immigrant Visa for Your Child If You Intend to Bring Your Child to Reside in the United States
Once your adoption is complete there are a few more steps to take before your child can head home. Specifically, you need to apply for three documents before your child can travel to the United States:
Birth Certificate
You will need to obtain a birth certificate for your child.
If you have finalized the adoption in China, you will first need to apply for a new birth certificate for your child. Your name may or may not be added to the new birth certificate.
You should apply for the birth certificate from a notary office in the city where the child was adopted. The cost is approximately $150 - $200 which includes three or four copies. It takes at least 24 hours to receive the certificate. Fee for issuance of these certificates may vary based on province.
PRC Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from the People’s Republic of China. The passport can be obtained from the Entry and Exit Administration Bureau in the city where the child was adopted. It takes at least three working days to receive the passport. Fee for issuance of passport and processing time may vary based on province.
U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child you need to apply for a U.S. immigrant visa for your child from the U.S. Consulate General in Guangzhou. After the adoption is granted, visit the U.S Consulate for a final review of the case, and if applicable, the issuance of a U.S. Hague Adoption Certificate or Hague Custody Certificate, the final approval of the Form I-800 petition, and to obtain your child’s immigrant visa. This immigrant visa allows your child to travel home with you and be admitted to the United States as your child. Please contact the U.S. Consulate General in Guangzhou by email at ACIVUAppointment@state.gov to schedule your child’s immigrant visa appointment. As part of this process, you must provide the consular officer with the Panel Physician’s medical report on the child if you did not provide it during the Form I-800 provisional approval stage. Read more about the Medical Examination.
Before coming for your child’s immigrant visa interview, please complete an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC). You should receive a letter from the National Visa Center (NVC) confirming receipt of the provisionally approved Form I-800 petition and assignment of a case number and an invoice ID number. You will need this information to log into CEAC to file the DS-260 for your child. You should fill out these forms in your child's name. Answer every item on the form. If information is not applicable, please write “N/A” in the block. Print and bring the DS-260 confirmation page to the visa interview. Review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact NVC at NVCAdoptions@state.gov or +1-603-334-0700 if you have questions about completing the online DS-260 form.
Please note that the U.S. Consulate General in Guangzhou processes immigrant visas for non-U.S. citizens located in China. Additional information concerning immigrant visa processing at the U.S. Consulate General in Guangzhou can be found on the U.S. Consulate General in Guangzhou website.
Visa issuance after the final interview generally takes two working days. It is not usually possible to provide the visa to adoptive parents on the same day as the immigrant visa interview. You should verify current processing times with the U.S. Consulate General in Guangzhou before making final travel arrangements. Additional information on immigrant visa processing can be found on our website.
Obtain Citizenship for Your Child
You will need to complete an adoption following your child’s admission into the United States and before the child turns eighteen for the child (if he or she otherwise meets the requirements of INA 320) to automatically acquire U.S. citizenship. You may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met. More information is available on the USCIS Fact Sheet: Securing U.S. Citizenship for Your Child.
For adoptions finalized abroad prior to the child’s admission into the United States:
You will need to complete an adoption following your child’s admission into the United States and before the child turns eighteen for the child (if he or she otherwise meets the requirements of INA 320 to automatically acquire U.S. citizenship. You may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met. More information is available on the USCIS Fact Sheet: Securing U.S. Citizenship for Your Child.
If you reside outside the United States with your child, you may file a Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.
Read more about the Child Citizenship Act of 2000 and U.S. Citizenship for an Adopted Child.
Applying for Your U.S. Passport
U.S. citizens are required to enter and depart the United States on a valid U.S. passport. Once your child acquires U.S. citizenship, s/he will need a U.S. passport for international travel. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.
Getting or renewing a passport is easy. The Department of State’s Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place.
Obtaining a Visa to Travel to the People’s Republic of China
In addition to a U.S. passport, you may also need to obtain a visa. Where required, visas are affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for the People’s Republic of China, see the Department of State’s Country Page.
Staying Safe on Your Trip
Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The Department of State provides country information for every country in the world about various issues, including health conditions, crime, currency or entry requirements, and any areas of instability.
Staying in Touch on Your Trip
When traveling abroad during the adoption process, we encourage you to enroll with the Department of State through our Smart Traveler Enrollment Program (STEP) to receive important information from the Embassy about safety conditions in your destination country. Enrollment makes it possible for the U.S. Embassy or Consulate in the People’s Republic of China, to contact you in an emergency, whether natural disaster, civil unrest, or family emergency. Whether there is a family emergency in the United States or a crisis in the People’s Republic of China, enrollment assists the U.S. Embassy or Consulate in reaching you.
Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).
We urge you to comply with the People’s Republic of China’s post-adoption/post-placement requirements in a timely manner. Your adoption service provider may be able to help you with this process. Your cooperation will contribute to China’s positive experiences with U.S. citizen adoptive parents.
CCCWA requires PAPs to submit post placement reports six months, and then annually for five years after the adoption registration. CCCWA also requires PAPs to submit the Phase II post-placement report every year until the adoptive child reaches 18 years old,
Post-Adoption Resources
Many adoptive parents find it important to find support after the adoption. here are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. You may wish to take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services. Your primary provider can provide or point you to post- placement/post-adoption services to help your adopted child and your family transition smoothly and deal effectively with the many adjustments required in an intercountry adoption.
The U.S. Department of Health and Human Services maintains a website, the Child Welfare Information Gateway, which can be a useful resource to get you started on your support group search. In particular you may find the pages on Parenting After Adoption - Child Welfare Information Gateway and Post Adoption and Permanency Support Services - Child Welfare Information Gateway useful.
COMPLAINTS
If you have concerns about your intercountry adoption process, we ask that you share this information with the U.S. Consulate in Guangzhou particularly if it involves possible fraud or misconduct specific to your child’s case. The Department of State takes all allegations of fraud or misconduct seriously. Our Adoption Comment Page provides several points of contact for adoptive families to comment on their adoption service provider, their experience applying for their child’s visa, or about the Form I-800/A petition process.
The Complaint Registry is an internet-based registry for filing complaints about the compliance of U.S. accredited or approved adoption service providers with U.S. accreditation standards. If you think your provider's conduct may not have been in compliance with accreditation standards, first submit your complaint in writing directly to your provider. If the complaint is not resolved through the provider's complaint process, you may file the complaint through the Complaint Registry.
U.S. Embassy in China
U.S. Embassy Beijing
No. 55 An Jia Lou Road
Beijing, China 100600
Tel: (86-10) 8531-4000
Fax: (86-10) 8531-3300
Email: BeijingACS@state.gov
U.S. Consulate General of the United States in Guangzhou
Mailing Address: 43 Hua Jiu Road, Zhujiang New Town
Tianhe District
Guangzhou, China. 510623
Physical Address: Huaxia Road, Zhujiang New Town, (near Exit B1 of the Zhujiang New Town subway station, Line 3 and Line 5),
Tianhe District
Guangzhou, China
Tel: 011-86-20-3814 5000
Email: GuangzhouA@state.gov
Internet:
China’s Adoption Authority
The China Center for Children’s Welfare and Adoption
16 Wang Jia Yuan Lane
Dongcheng District
Beijing, China 100027
Tel: 010-655-48998
Email: cccwa@cccwa.cn
Internet: http://cccwaen.mca.gov.cn
Embassy of China
2201 Wisconsin Avenue, N.W. Suite 110
Washington, D.C. 20007Tel: 202-337-1956
Fax: 202-588-9760
Email: visa_us@mfa.gov.cn
Internet: http://www.china-embassy.org/eng/ywzn/lsyw/
China also has consulates in: Los Angeles, CA; San Francisco, CA; Chicago, IL; and New York, NY.
Office of Children’s Issues
U.S. Department of State
CA/OCS/CI
SA-17, 9th Floor
Washington, D.C. 20522-1709
Tel: 1-888-407-4747
Email: Adoption@state.gov
Internet: adoption.state.gov
U.S. Citizenship and Immigration Services (USCIS)
For questions about filing a Form I-800A application or a Form I-800 petition:
USCIS National Benefits Center (NBC):
Tel: 1-877-424-8374 (toll free); 1-913-275-5480 (local); Fax: 1- 913-214-5808
Email: NBC.Adoptions@uscis.dhs.gov
For general questions about immigration procedures:
USCIS Contact Center
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
Internet: uscis.gov
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