Understanding the International Adoption Process

April 19th, 2024
Posted By
Sarah M. Litowich
woman hugging her adoptive child on her couch - international adoption concept
Adopting a child can be a rewarding and fulfilling way to grow your family. Importantly, there are several ways you can adopt a child — you can adopt from foster care, pursue the domestic adoption path, or adopt from another country. If you are considering international adoption, it’s essential to understand what the requirements are for that particular country and what process entails.

What is International Adoption?

International adoption, also known as intercountry adoption, refers to the legal process associated with adopting a child from a country other than your own. The child of that country is then brought to their adoptive parents’ country to live with them permanently. It can often be more challenging than completing a domestic adoption due to the legal and regulatory hurdles involved. Significantly, if you’re adopting from another country, you will most likely follow the regulations set forth under the Hague Convention — this is the international treaty that governs the international adoption process. It is meant to both protect the best interests of children who are being adopted from other countries and establish standards for all intercountry adoptions. But while adopting from a Hague Convention country can often result in a more stable and predictable process, non-Hague country adoptions are also permitted.

How Do You Adopt a Child from Another Country?

The first step in the international adoption process is to choose the country you plan to adopt from. Whether you have a preference for the country where your child is from, there are several considerations to keep in mind. For instance, the costs and requirements for prospective parents can vary between countries. In addition, evolving adoption laws, travel restrictions, and political events can be factors that come into play when it comes to where you might be able to adopt a child from. Once you decide the country where you will adopt your child from, you will need to select the adoption agency you’d like to work with. Notably, you will need to find an adoption agency that is licensed to conduct an adoption in that particular country. It’s best to work with international adoption agencies that are Hague-accredited, regardless of whether you adopt a child from a country that is part of the Hague convention.

What is the International Adoption Home Study Process?

The international adoption home study process has many of the same requirements as the home study process for domestic adoptions. Since it can take up to several months to complete, it’s a good idea to begin early. Specifically, the following must be completed in connection with the home study process in Oregon:
  • Criminal background check — As part of the international adoption process, all adult members of the household must submit to a background check. This includes FBI fingerprinting and abuse clearances.
  • Personal references — You will need to provide several personal references who will write letters about your character for the purpose of the adoption.
  • Financial and health records — You must show that you are able to offer a safe and consistent environment for the child. You may need to provide documentation that you have the income to support them and are able to physically care for them.
  • Other required documents — Other documents that you may need to submit as part of the home study can include birth certificates, a marriage license, a divorce decree if applicable, and other relevant paperwork.
The Oregon home study professional must be licensed in accordance with the Hague Convention standards, even if you aren’t adopting from a Hague Convention country. The adoption agency you’re working with will also need to give approval of any third-party home study provider you work with, before you begin the process.

File for Your International Adoption Eligibility

The United States Citizenship and Immigration Services (USCIS) Adoption Department will need to verify your eligibility to adopt internationally. For Hague Convention countries, this involves filing a Form 1-800 A, your adoption dossier, and your completed home study. If you are confirmed to be eligible, your eligibility is valid for a period of up to 15 months. For non-Hague Convention countries, you will need to file Form 1-600 if you have already been matched with a child — or Form 1-600A if you have not been matched yet. Eligibility for a non-Hague Convention country remains valid for up to 18 months. Upon confirming your eligibility for international adoption, the USCIS Adoption Department will mail the necessary forms and the adoption dossier to the child’s home country. That country’s adoption department will repeat the confirmation process for eligibility to ensure you are eligible in accordance with their specific standards. You can then file for your child’s travel visa, which will allow them to return with you to live in the United States.

Finalize the Adoption in Oregon

After you return to Oregon, you will need to finalize the adoption if you were given an IH-4 or an IR-4 visa. However, even if the adoption was completed in the child’s home country and you were given an IH-3 or IR-3 visa, it may be best to re-adopt the child in the United States. If you do not finalize the adoption or re-adopt in Oregon, legal difficulties could potentially arise in the future regarding citizenship, parental rights, or other issues.

Contact an Experienced Oregon International Adoption Attorney

The international adoption process can be complex and overwhelming. It’s vital to have a skillful attorney by your side who can guide you every step of the way. Based in Salem, Litowich Law provides skillful representation to prospective adoptive parents throughout Oregon for both domestic and international adoptions. We welcome you to contact us for a consultation.
Categories: Adoption