HAGUE ADOPTION CONVENTION FACT SHEET

New Forms and Centralized Review for Intercountry Adoptions

Background

The Hague Adoption Convention is a treaty, which enters into force with respect to the United States on April 1, 2008. The Hague Adoption Convention strengthens protections for children, birthparents and prospective adoptive parent(s), and establishes internationally agreed upon rules and procedures for adoptions between countries that have a treaty relationship under the Hague Adoption Convention (Convention countries). It ultimately provides a framework for member countries to work together to ensure that children are provided with permanent, loving homes, that adoptions take place in the best interests of a child, and that the abduction, sale or traffic in children is prevented.

Forms I-800A and I-800

Two new USCIS forms are introduced for use in a Hague Adoption Convention adoption: Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, and Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. These forms and the instructions to the forms are available on the Internet at www.uscis.gov.

A prospective adoptive parent files Form I-800A to initiate the immigration process when the prospective adoptive parent is a U.S. citizen and intends to adopt a child who habitually resides in a Hague Adoption Convention country. Form I-800A and supporting evidence are required for USCIS to determine the eligibility and suitability of the prospective adoptive parent(s) to adopt a Convention child.

After approval of Form I-800A, and after an adoption placement has been proposed, the prospective adoptive parent files Form I-800. In adjudicating the I-800 form, USCIS assesses the eligibility of a child who habitually resides in a Hague Convention country as a Convention adoptee prior to adoption by a U.S. citizen prospective adoptive parent. Form I-800 and supporting evidence are required for USCIS to determine the child’s eligibility for classification as a Convention adoptee.

Centralization

USCIS will launch a new business process to streamline the adjudication of Form I-800A and Form I-800 under the Hague Adoption Convention. Effective April 1, 2008, USCIS will establish a special unit that will process all Hague intercountry adoption applications and petitions at the USCIS National Benefits Center (NBC). This special unit will also provide customer service support to prospective adoptive parents who have filed Form I-800A or Form I-800. The new centralized business process does not apply to Form I-600A, Application for

February 29, 2008 Office of Communications

Advance Processing of Orphan Petition, or Form I-600, Petition to Classify Orphan as an Immediate Relative.

General Filing Instructions

Form I-800A: On April 1, 2008, there will be an interim filing procedure in anticipation of a future direct mail program. In late 2008, USCIS will announce the effective date and mailing address for the future direct mail program. Until that time, the following filing instructions should be followed:

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