Russia is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). However, under the Intercountry Adoption Universal Accreditation Act of 2012 (UAA), which became effective on July 14, 2014, the requirement that adoption service providers be accredited or approved, and therefore meet the accreditation standards, which previously only applied in Convention cases, also applies in non-Convention (“orphan”) cases under section 101(b)(1)(F) of the Immigration and Nationality Act (INA). The UAA requires that an accredited or approved adoption service provider act as the primary provider in every non-Convention intercountry adoption case, and that adoption service providers providing any adoption services, as defined at 22 CFR Part 96.2, on behalf of prospective adoptive parents be accredited or approved, or be a supervised or exempted provider. See additional Department of State guidance and U.S. Citizenship and Immigration Services (USCIS) guidance for limited situations when a primary provider may not be required. Intercountry adoptions of children from non-Convention countries continue to be processed under the Orphan Process with the filing of the Forms I-600A and I-600. However, adoption service providers should be aware of the information on the USCIS website on the impact of the UAA on Form I-600A and Form I-600 adjudications, including the requirement that all home studies, including home study updates and amendments, comply with the home study requirements listed at 8 CFR 204.311, which differ from the orphan home study requirements that were in effect before July 14, 2014. Please see the USCIS adoption webpages for more information about the orphan adoption process.
U.S. citizens interested in adopting children from Russia should contact the adoption authority of Russia to inquire about applicable laws and procedures. U.S. citizen prospective adoptive parents living in Russia who would like to adopt a child from the United States or from a third country should also contact Russia’s adoption authority. See contact information below.
Russian Federal law No 272-FZ remains in place banning the adoption of Russian children by U.S. citizens.
This law entered into force on January 1, 2013. It prohibits the adoption of Russian children by U.S. citizens, prohibits adoption service providers from assisting U.S. citizens in adopting Russian children, and terminated the 2012 U.S.-Russia Adoption Agreement. The Russian Supreme Court issued a letter to city and regional courts on January 22, 2013, explaining the implementation of Federal Law No. 272-FZ. The letter states that adoptions of Russian children by U.S. citizens may be completed only in cases in which adoption orders were made before January 1, 2013 (including those that became final after January 1, 2013, following the 30-day waiting period). The 2012 U.S.-Russia Adoption Agreement terminated on January 1, 2014.
Additionally, on July 2, 2013, Russian Federal Law No. 167-FZ entered into force banning the adoption, custody, or patronage of children by same-sex couples and single individuals living in countries where same-sex marriage is allowed. Please see the USCIS adoption webpages for more information about the non-Convention (or orphan) adoption process.
Caution: Although U.S. citizens generally must follow the orphan adoption process to adopt a child from a non-Convention country, the Family-Based Petition Process (Form I-130) may be an option for U.S. citizens and lawful permanent residents to petition for their adopted child. There are significant differences between the orphan and the Family-Based Petition Process. For more information about specific Form I-130 requirements for adopted children, see the USCIS website and the USCIS Policy Manual, Vol. 5.
