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What is a Hague adoption and how do you qualify?

by | Dec 3, 2018 | Family Law |

If you are a New Jersey couple or individual seeking to adopt a child from a foreign country, you should know that it can be a very complicated process since you must comply not only with the laws of the United States but the laws of the country from which you attend to adopt. 

According to FindLaw, The Hague Adoption Convention has been in place since April 2008 and is an international treaty that establishes a process of international adoption intended to safeguard the best interests of all parties, the adoptive and birth parents as well as the child. Thus, a “Hague adoption” is an international adoption in which the parties meet eligibility requirements and follow the process set forth in The Hague Adoption Convention. In a Hague adoption, both the child and the adoptive parents must reside in countries that are part of the Hague convention, which includes the United States and over 90 other countries.

Eligibility requirements for adoptive parents

As a U.S. citizen seeking to adopt a child according to The Hague Adoption Convention process, you must be at least 24 years old at the beginning of the process and reside in the United States. You may adopt a child as a single parent according to The Hague Convention, but if you are married, your spouse must also intend to adopt the child, and you both must fill out the same forms.

Criteria for classification as a Hague Convention adoptee

In addition to habitually residing in a convention country, a child must also meet the following requirements for classification as a Hague Convention adoptee: the child’s country of residence must determine the child is eligible for intercountry adoption, and the child must be under the age of 16 and have obtained all necessary consents from the country of origin.

Agency approval

In order to complete a Hague adoption, you must choose an adoption agency that has received accreditation from The Hague Convention.

The information in this article is not intended as legal advice but provided for educational purposes only.

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