State Laws on Intercountry Adoption

The term "intercountry adoption" is used when the adopting family and the birth family live in different countries. These adoptions involve State laws, Federal immigration law, and the laws and adoption policies of the other country.

Before You Start
U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS)
Describes the three different sets of laws governing intercountry adoption and links to relevant USCIS web pages focusing on home studies, processing times, and issues after the adoption.

For Adoption Professionals
U.S. Department of State, Bureau of Consular Affairs
Offers a list of relevant laws governing intercountry adoption.

Post Adoption
U.S. Department of State, Bureau of Consular Affairs
Highlights the purpose and importance of postadoption requirements.

State Statutes Series

State Recognition of Intercountry Adoptions Finalized Abroad
Series Title State Statutes
Author(s)
Child Welfare Information Gateway
Availability View
Download (PDF - 591KB)
Year Published 2018
Provides an overview of Federal requirements that apply to adoptions finalized in another country by U.S. citizens. It also discusses requirements that adoptive parents must meet in their State of residence in order to gain State recognition of the adoption and to receive a new State-issued birth certificate for their adopted child. The topics addressed include recognition of foreign adoption decrees, when readoption is required by the State of residence, and applying for a State birth certificate.
Completing Intercountry Adoptions Not Finalized Abroad
Series Title State Statutes
Author(s)
Child Welfare Information Gateway
Availability View
Download (PDF - 1,187KB)
Year Published 2019
Provides an overview of Federal requirements that apply to adoptions of children born outside the United States by U.S. citizens that are finalized after the children have been admitted to the United States. It discusses requirements for completing the adoption in the parents' State of residence, receiving a new State-issued birth certificate for the child, and gaining recognition of U.S. citizenship for the child. Summaries of laws for all States and U.S. territories are included.

(Back to Top)

Related Resources

Intercountry Adoption
U.S. Department of State, Bureau of Consular Affairs
Presents an index of resources describing the requirements and types of assistance available to persons interested in intercountry adoption.

National Council for Adoption (NCFA)
Provides information about NCFA, an organization that seeks to meet the diverse needs of all those touched by adoption, and about relevant legislation and research.

(Back to Top)