Adopting Older Children

Adopting Older Children - “Aging Out” of eligibility to Immigrate Through Adoption

If you are considering adopting an older child, you should be aware of the age limites on eligibility for adoptions and immigration, regardless of whether or not your state laws permit the adoption of older children (or even adults).

U.S. law allows the adoption and immigration of children who are under 16 years of age, with two exceptions:

• Biological siblings of a child adopted by the same parents may be adopted if under 18 years of age; and
• Orphans over the age of 16 may be adopted, as long as the I-600 petition was filed on their behalf before their 16th birthday (or before their 18th birthday, in the case of an orphan who is the sibling of a child adopted or coming to be adopted by the same parents).