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Orange County Adoption Lawyer

Hague vs. Non-Hague Adoption Process

In all adoption processes the U.S. considers two factors:

  • The suitability of prospective adoptive parents
  • Whether the adoption meets U.S. immigration eligibility requirements

There are a few differences between Hague Convention Adoptions and non-Convention adoptions (orphan adoptions), namely that Convention adoptions afford more protections to the adoptive parents.

Requirements of Adoption Process from Convention Countries

  • Adoption Service Provider must be accredited by the Department of State, and licensed in the state where prospective adoptive parents reside
  • Adoption Services Contract must include the agency’s policies, fees, history, relationships with supervised providers, and any other relevant information to the adoption process
  • Prospective adoptive parents must file Form I-800-A before filing Form I-800
  • Home Study is prepared by an accredited agency, meets both state and federal requirements, and is implemented by a supervised provider in such a way that
  • Adoption Fees are detailed in full in the adoption services contract
  • Parent Education is required to a minimum of 10 hours
  • Petition Approval is determined by the country of origin, based on whether child is eligible under Form 1-800 definition of Convention adoptee
  • Adoptee Medical Records are prepared by country of origin and prospective parents have two weeks to review
  • Visa Application: IH-3 or IH-4 Visas, submit before adoption / legal custody process
  • Adoption Records: maintained for 75 years

Requirements of Adoption Process from Non-convention Countries

  • Adoption Service Provider must be licensed in the state where prospective adoptive parents reside
  • Adoption Services Contract is not required by most state laws to disclose information about its policies or fees
  • Home Study meets both state and federal requirements
  • Prospective adoptive parents can file Form I-800-A and Form I-800 at the same timeParent Education is voluntary unless mandated by state law
  • Petition Approval is determined by whether child meets the Form 1-600 definition of orphan
  • Visa Application: IR-3 or IR-4 Visas, submit after adoption / legal process is completed *except Vietnam and Guatemala

To schedule an initial consultation with us today, don't hesitate to contact us at (949) 478-4963.


 

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