Our Videos

FAQ / Q: How do you determine whether the Convention applies in a case involving U.S. citizen prospective adoptive parent(s) residing abroad who seek to adopt a child resident in the United States?




This FAQ concerns U.S. citizens living abroad in another Convention country who plan to adopt a child resident in the United States and return with that child to their residence abroad. Under the Intercountry Adoption Act of 2000, the Convention applies to “an adoption of a child resident in the United States by an individual residing in another Convention country.”

The Department of State generally considers a U.S. citizen residing in Convention countries to be habitually resident in the United States if the US citizen is domiciled in the United States or will be returning to establish a domicile in the United States at any point before the child’s 18th birthday. Note that this approach is not inconsistent with the definition of habitual residence found in CFR 204.303 (which applies when a U.S. citizen adopts a child from another Convention country). However, it is ultimately the role of the relevant State court to determine the residence of the prospective adoptive parent(s).



 




Testimonials

AnnaMaria Realbuto
Thank you for all your assistance and efficiency...
Read More »
Kateryna Melnychenko
Thanks a lot Anton!...
Read More »
Rani Payne
Thank you so much! I’m sure I will be in touch again with something else that will need to be apost...
Read More »
Serge Bauer Law
Thank you again for your help with this case!...
Read More »



FAQ

What if My Case is in Process in a Convention Country before April 1, 2008?
Read More »
Where will Intercountry Adoptions Forms be Filed?
Read More »
What kind of visa do I need to visit the U.S.?
Read More »
Government Grants and Loans for Individuals
Read More »






News

February 23, 24
Navalny’s death certificate reportedly states natural causes
Read More »
February 19, 24
Birth Certificate Woes: DC Family's Struggle Highlights Home Birth Challenges
Read More »
February 14, 24
Coroner Charged with Theft and Fraud, Faces Removal Amidst Controversy Over Death Certificates
Read More »
February 10, 24
Hungarian president under fire over pardon of man with child sex abuse-related criminal record
Read More »