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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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