The Sequence of Steps of a Hague Adoption

Though this article was specifically written for the Philippines, it really clearly lays out the steps of a Hague adoption.

These steps are the same for China and other Hague countries. Highlighted in red are the parts that are not always followed for China adoptions. Excerpts:

“The convention came into force in 2008.

Prior to 2008, identification and adoption of the orphan child were the first steps toward obtaining an immigrant visa for the abandoned child.

With the Hague adoption Convention, the rules changed. Adopting the child or obtaining legal custody is now the last—not the first—step.

The Department of State emphasizes that the convention procedures “front load” the immigration process: The eligibility of the child or that of the adoptive parent must be determined first before an immigrant visa is issued and an adoption petition is filed. This can only be done through a Hague-accredited agency.

If for any reason the adoption was done prior to filing of the immigration petition, the adoption must be rescinded and the petitioning parent must begin the process of inter-country adoption again.

Orphan adoptions prior to 2008 are not covered by the Hague Adoption Convention and are not to be rescinded.

Except adoption by relatives, the adoptive parent may not initially choose the child to be adopted and there is a strict prohibition not to contact the child.

Prospective adoptive parents should be warned not to go directly to ICAB-Philippines.

Neither should the prospective parent contact an orphanage or adoption agency in the Philippines.

The new process

The sequence of steps to be taken is critical in the adoption and immigration process.

A prospective adoptive parent should first contact a Hague-accredited agency in the United States, which is also a recognized agency of ICAB-Philippines. The prospective adoptive parent from this recognized agency must obtain a home study report. Thereafter an application form (USCIS Form I-800A) should be filed with the USCIS Chicago Lockbox address.

As soon as the I-800A form is approved, a copy of the approval notice will be sent to the ICAB which will then refer an eligible child for adoption.

The prospective parent will decide from there whether to accept the child. ”
Inter-country adoption: Giving permanent homes abroad to abandoned children
[Philippine National Inquirer 3/4/12 by Lourdes Santos Tancinco]

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