The intent of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) treaty is to protect the welfare of children, birth parents, and adoptive parents from the exploitation and corruption often associated with foreign adoptions. One way this is accomplished is by putting into place regulations that will work to prevent the abduction, sale, or trafficking of children, thereby removing profit gained by participating in these human rights abuses.
The changes that will most affect prospective adoptive parents are the new forms and procedures now required for countries party to the Hague Adoption Convention. As of April 1, 2008, there are two distinct immigration processes, each with a specific set of forms.
The specific process that is to be followed is determined by the country from which the child is to be adopted. The immigration process cannot begin until the prospective adoptive parents decide from which country they will adopt.
Forms for non-Hague Convention countries remain unchanged. New forms for Hague Convention countries are now 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.
The fees for non-Hague Convention countries remain the same, $670 to file Form I-600A and Form I-600. For countries party to the Hague Convention, the new fee structure is:
Additionally, fingerprinting is required for each prospective adoptive parent and all adult members of the household. The fee for this is $80. There is usually no fee for prospective parents residing abroad, though the military installation or U.S. Department of State consular office may have its own requirements.
Filing procedures for non-Hague Convention countries remain the same. Prospective adoptive parents who are U. S. citizens and adopting from a country party to the Hague Adoption Convention should file their paperwork with the U.S. Citizenship and Immigration Services (USCIS) office having jurisdiction over their place of residence.
Prospective adoptive parents who filed immigration paperwork prior to April 1, 2008 may still be able to process their adoption according to current regulations. However, some Hague Convention countries may require that the adoption process be started over. It is important to discuss this matter with the agency handling the adoption.
The modifications to the international adoption process made by the Hague Adoption Convention do make things a bit more complicated; however, in the long run, the safeguards that were put into place will hopefully do more to protect the children -- and all involved -- from exploitation.
References:
U. S. Department of State, Bureau of Consular Affairs
The Financial Aspect of Adopting
The Emotional Aspect of Adopting