Hague Adoption Convention Petitions

Key changes

• U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify requirements for petitions to determine children’s eligibility as Convention adoptees.
• Affirms the commitment of USCIS to the standards and principles of the Hague Adoption Convention, including safeguards to protect the best interests of children.
• Explains requirements for a child to be eligible as a Convention adoptee, including requirements when a child may have another legal parent.
• Clarifies requirements for PAPs to establish that the purpose of the adoption (or legal custody for adoption) is for the PAP to form a bona fide parent-child relationship with the child.
• Describes the required order of immigration and adoption steps, including that a PAP should not adopt or obtain legal custody of a child for purposes of emigration and adoption before completing certain steps in the Convention process.
• Incorporates existing guidance regarding required documentation and evidence.
• Describes guidance regarding the adjudication of Convention petitions and affirms that the standard of proof is preponderance of the evidence.
• Clarifies primary provider requirements, including when the primary adoption service provider has lost accreditation, or its accreditation has lapsed at the time of final adjudication.