Chapter 2 - Eligibility
A child must qualify as a Convention adoptee to be eligible to immigrate through the Hague Adoption Convention process.[1] The table below lists general eligibility criteria for the Hague Adoption Convention process, with references to where each individual criterion is discussed in further detail.
| Eligibility Requirement | For More Information |
|---|---|
| USCIS determines the prospective adoptive parent (PAP) is suitable and eligible to adopt. | See Part B, Adoptive Parent Suitability Determinations [5 USCIS-PM B]. |
| The child meets identity and age requirements. | See Chapter 3, Identity and Age [5 USCIS-PM D.3]. |
| The child meets specific requirements for eligibility as a Convention adoptee. | See Chapter 4, Eligibility Requirements Specific to Convention Adoptees [5 USCIS-PM D.4]. |
| The child has been adopted by a U.S. citizen (and spouse, if married) or is under the legal custody of the U.S. citizen PAP for purposes of emigration and adoption. | See Chapter 5, Qualifying Adoptive or Custodial Relationship [5 USCIS-PM D.5]. |
| The PAP must have identified an accredited or approved primary adoption service provider (unless a limited exception applies). | See Chapter 6, Additional Requirements [5 USCIS-PM D.6]. |
| There must be no evidence of improper inducement, fraud or misrepresentation of material fact, or non-bona fide intent. | See Chapter 6, Additional Requirements [5 USCIS-PM D.6]. |
| The child must match the characteristics that the PAP has been approved to adopt. | See Chapter 6, Additional Requirements [5 USCIS-PM D.6]. |
| The PAP must not have engaged in prohibited contact with the child’s birth parent(s), legal custodian(s), or caregiver(s). | See Chapter 6, Additional Requirements [5 USCIS-PM D.6]. |
| The PAP must have met any pre-adoption requirements of the child’s jurisdiction of proposed residence. | See Chapter 6, Additional Requirements [5 USCIS-PM D.6]. |
| The PAP completed any required pre-placement preparation and training. | See Chapter 8, Documentation and Evidence [5 USCIS-PM D.8]. |
Footnotes
[^ 1] See INA 101(b)(1)(G). To meet the definition of a child under INA 101(b)(1), the child must be unmarried and under the age of 21.
Current as of November 21, 2024