While the number of international adoptions has declined sharply over the past decade – down to 8,600 in 2012 from highs nearing 23,000 in the early 2000s, according to the most recent data from the U.S. Department of State – it’s not disappearing entirely. Each year, thousands of families start the long and sometimes difficult process of adopting a child from another country.
Navigating U.S. and international adoption law
Americans adopting from abroad have to deal with U.S. federal law, individual state laws and the laws of the adopted child’s country. Some countries’ laws make it easier for Americans to adopt, whether it’s due to a lack of residency requirements, relatively shorter processing time or looser restrictions on age, marital status or sexual orientation.
Many countries – 90 in total, including the U.S. – are party to the Hague Adoption Convention, which went into effect in 1995 (and went into full effect in the U.S. in 2008). The Convention sets protocols for international adoption and requires that each country have a “Central Authority” to handle them. In the U.S., that authority is the Department of State.
Americans can expect more protections when adopting from a Hague Adoption Convention country, including more certified information and detailed documentation.
Countries with high numbers of adoptions to the U.S.
The countries listed below have been some of the more popular countries in recent years for Americans looking to adopt internationally. Unless stated otherwise, none of these countries require residency before adoption. Countries marked with an asterix (*) are parties to the Hague Adoption Convention.
#1 China*
- Numbers: 2,306 adoptions in 2013, down from a high of 7,903 in 2005.
- Requirements: Must be married to adopt, except for single women adopting a special needs child. A criminal record is not an automatic no: individuals with a criminal record are looked at on a case-by-case basis. More information.
#2 Ethiopia
- Numbers: 993 adoptions in 2013, down from 1,567 the previous year.
- Requirements: Ethiopia prefers married couples, but single women may also adopt. Adoption by gay or lesbian individuals or couples is prohibited. More information.
#3 Ukraine
- Numbers: 438 adoptions in 2013, down from a high of 1,240 in 2001.
- Requirements: Adopting parents must be married and may not be more than 45 years older than the child. More information.
#4 Haiti*
- Numbers: 388 adoptions in 2013 — the highest number of adoptions from the country in the last 14 years.
- Requirements: Haiti accepts couples that have been married or living together for at least five years, as well as singles. Applicants must be at least 30 years old (35 for singles); must not be over the age of 47 or have a criminal record. More information.
#5 Uganda
- Numbers: 276 adoptions in 2013, rising steadily from 1 adoption in 2000.
- Requirements: Uganda does have a residency requirement – prospective adoptive parents must reside there with the prospective adopted child for three years (i.e., foster the child). However, a judge may waive the requirement. Married or single people may adopt. While gay and lesbian individuals are not explicitly prohibited, the Department of State expects them to have a harder time due to the country’s negative views on homosexuality. More information.
Countries that ban American adoptions
Americans are not currently able to adopt children from certain countries, including Russia, which banned adoptions from the U.S. starting January 1, 2013. Previously, Russia had been #2 or #3 for several years in terms of number of children adopted into the U.S.
Want to adopt internationally? Where to start.
If you’re considering adopting a child from another country, do your research. Start with the Department of State’s Intercountry Adoption website, which gives general information on international adoption and the Hague Adoption Convention; adoption statistics for individual countries and instructions for how to adopt from each country; plus relevant warnings or advisories.
You can post initial questions in Avvo’s free Ask a Lawyer forum, where attorneys typically answer questions within the first 24 hours of posting. At some point you will likely wish to contact an adoption attorney, especially if you do not complete the adoption through a licensed adoption agency.
And be patient. Even if you are adopting from a “fast” country, it will likely be several months before the process is complete.
Photo: School girls in Haiti. Credit: Michelle D. Milliman / Shutterstock
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2 comments
stefan galea
my friend has adopted from pakistan and she did not have even to travel to Pakistan herself. All was arranged by her attorney and the charity that she contacted. the problems she faced were not in Pakistan but in her country Malta, where now the Central Authority are refusing to allow her to bring the child to Malta because she failed to inform them that she was initiating adoption procedure.
She never knew that she had to do this because she had undergone a home study report and was approved by the adoption board that she was eligible to adopt.
I cannot understand why they are refusing the adopted child entry to Malta when so many more were adopted from pakistan even after the Hague Convention was in force.
This is pure prejudice on behalf of the local authorities. My friend is taking the matter to the constitutional court and even the ECHR if needed.
MT
In case anyone is seeing this article in 2016, some of the countries listed have made it much more difficult to adopt.