Travel.State.Gov > Intercountry Adoption > Adoption Reference > International Adoption Simplification Act of 2010
The International Adoption Simplification Act (IASA) was signed by the President on November 30, 2010 and immediately entered into force. IASA amended section 101(b)(1)(G) of the Immigration and Nationality Act to allow the birth sibling of an adopted child to qualify as a Hague Convention adoptee after the birth sibling’s16th birthday, but before the birth sibling’s 18th birthday, if the child was adopted by the same adoptive parents as the birth sibling. IASA also included certain vaccination exemptions for Convention adoptees. Congress previously extended both of these exemptions to non-Convention (orphan) cases when it amended Section 101(b)(1)(F) of the Immigration and Nationality Act (INA) in 1999.
Vaccination Exemption: IASA exempts Convention adoptees under 10 years of age from certain vaccination requirements prior to immigrating to the United States. The adoptive parent(s) may defer the child’s vaccinations until the child has entered the United States if, before the child enters the United States, the adoptive parent(s) executes an affidavit stating that within 30 days of the child’s admission to the United States, or at the earliest time that is medically appropriate, they will ensure the child receives any missing necessary vaccinations. Adoptive parents submit the required affidavit by using Form DS-1981 “Affidavit Concerning Exemption from Immigrant Vaccination Requirements for a Foreign Adopted Child” .
Older Sibling Age Exemption: Under IASA, U.S. citizens may file Form I-800, Petition to Classify Convention Adoptee as Immediate Relative on behalf of a child from a Convention country who is over the age of 16 but under the age of 18 if that child is the birth sibling of a qualifying child who was already adopted, or is being brought to the United States for adoption, by the same adoptive parents. The qualifying child must meet or have met the age and other eligibility requirements to be classified as an adopted child, orphan, or Convention adoptee. For more information on filing Form I-800 and other eligibility criteria, contact USCIS.
See USCIS’s webpage on the International Adoption Simplification Act of 2010 for more information.