Chapter 3 - Identity and Age

The child’s identity must be properly documented,^[1] and the child must meet applicable age requirements. The prospective adoptive parent (PAP) must file the petition^[2] before the child turns 16 unless the child qualifies for the sibling exception or the suitability application^[3] exception.^[4]

Sibling Exception

A child who is age 16 or older at the time the petition is filed qualifies for the sibling exception if the child is under age 18 at the time the petition is filed, and that child’s birth^[5] sibling:

• Has been or will be adopted by the same parent or parents; and
• Is or was previously classified as an orphan while under age 16;
• Is or was previously classified as a Convention adoptee while under age 16; or
• Meets the definition of adopted child for a family-based adoption petition and was under age 16 at the time of adoption.^[6] 

Suitability Application Exception

USCIS deems the suitability application filing date to be the petition filing date if both of the following requirements are met:^[7]

• The PAP filed the suitability application after the child's 15th birthday, but before the child's 16th birthday (or, if the sibling exception also applies, after the child's 17th birthday, but before the child's 18th birthday); and
• The PAP files the petition not more than 180 days after the initial approval of the suitability application.

Footnotes

[^ 1] See Chapter 8, Documentation and Evidence, Section B, Required Evidence [5 USCIS-PM D.8(B)].

[^ 2] In this part, the term petition refers to the Petition to Classify Convention Adoptee as an Immediate Relative (Form I-800).

[^ 3] In this part, the term suitability application refers to the Application for Determination of Suitability to Adopt a Child from a Convention Country (Form I-800A).

[^ 4] This chapter describes age-related requirements that a child must meet for their Form I-800 to be approved. This chapter does not discuss age-related requirements for citizenship purposes. For information about the age of child applicants and immigrant visa eligibility, see 9 FAM 502.1-1(D), Child Status Protection Act. For information on age requirements related to citizenship for adopted children, see Part F, Citizenship for Adopted Children [5 USCIS-PM F].

[^ 5] In this volume, USCIS uses birth and natural synonymously. The terms natural siblings and birth siblings are not defined in the public law that provides for the sibling exception. USCIS interprets these terms to include children sharing one or both biological parents. The PAP must show through evidence that the children are birth siblings. The applicant may provide birth certificates, custody, or adoption decrees from the foreign court, death certificates, marriage certificates, and other official documentation to establish the children are birth siblings. USCIS may suggest DNA testing of the siblings if there are any questions regarding the sibling relationship. All expenses incurred to prove relationship must be borne by the PAP.

[^ 6] See INA 101(b)(1)(G)(iii).

[^ 7] See 8 CFR 204.313(b)(3).