5 USCIS-PM D.2

A child must qualify as a Convention adoptee to be eligible to immigrate through the Hague Adoption Convention process. [1] The table below lists general eligibility criteria for the Hague Adoption Convention process, with references to where each individual criterion is discussed in further detail. Summary of Eligibility Criteria Eligibility Requirement For More Information USCIS determines the prospective adoptive parent (PAP) is suitable and eligible to adopt. See Part B, Adoptive Parent Suitability Determinations [ 5 USCIS-PM B ]. The child meets identity and age requirements.

See Chapter 3, Identity and Age [ 5 USCIS-PM D.3 ]. The child meets specific requirements for eligibility as a Convention adoptee. See Chapter 4, Eligibility Requirements Specific to Convention Adoptees [ 5 USCIS-PM D.4 ]. The child has been adopted by a U.S. citizen (and spouse, if married) or is under the legal custody of the U.S. citizen PAP for purposes of emigration and adoption.

See Chapter 5, Qualifying Adoptive or Custodial Relationship [ 5 USCIS-PM D.5 ]. The PAP must have identified an accredited or approved primary adoption service provider (unless a limited exception applies). See Chapter 6, Additional Requirements [ 5 USCIS-PM D.6 ]. There must be no evidence of improper inducement, fraud or misrepresentation of material fact, or non-bona fide intent.

See Chapter 6, Additional Requirements [ 5 USCIS-PM D.6 ]. The child must match the characteristics that the PAP has been approved to adopt. See Chapter 6, Additional Requirements [ 5 USCIS-PM D.6 ]. The PAP must not have engaged in prohibited contact with the child’s birth parent(s), legal custodian(s), or caregiver(s).

See Chapter 6, Additional Requirements [ 5 USCIS-PM D.6 ]. The PAP must have met any pre-adoption requirements of the child’s jurisdiction of proposed residence. See Chapter 6, Additional Requirements [ 5 USCIS-PM D.6 ]. The PAP completed any required pre-placement preparation and training.

See Chapter 8, Documentation and Evidence [ 5 USCIS-PM D.8 ]. Footnotes [^ 1] See INA 101(b)(1)(G) . To meet the definition of a child under INA 101(b)(1) , the child must be unmarried and under the age of 21.