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Hague FAQs

  1. When did the Convention enter into force for the United States?

    The Convention entered into force for the United States on April 1, 2008.

  2. What if I am in the process of adopting but my adoption was not finalized before the Convention entered into force for the United States?

    Section 505(b) of the IAA states that neither the Convention nor the IAA (and its implementing regulations by implication) shall apply if the application for advance processing of an orphan petition (I-600A) or petition to classify an orphan as an immediate relative (I-600) is filed before the date the Convention entered into force for the United States.

  3. What if I was just started the adoption process when the Convention entered into force? How will my adoption be affected?

    If prospective adoptive parents have not filed the I-600 or I-600A or equivalent forms before the Convention entered into force, then the entire adoption is governed by the Convention, the IAA, and the regulations implementing the IAA. This generally means that prospective adoptive parents will need to select an accredited adoption service provider to provide adoption services in the case.

  4. Can I perform adoption services in a Convention adoption on my own?

    Although an extremely limited exemption in the IAA permits prospective adoptive parents to act on their own behalf without using an accredited adoption service provider, the Department of State strongly cautions parents against attempting to complete a Convention adoption on their own as the IAA and its implementing regulations are complex. Prospective adoptive parents acting on their own behalf may not do so if such conduct is prohibited by state law or the laws of the child's country of origin if it is a Convention country.

  5. Can all accredited adoption service providers work in every country?

    Each Convention country has the right to determine which accredited or approved adoption service providers it will permit to perform adoption services in its country. A U.S. accredited adoption service provider may not provide adoption services in another Convention country if that country prohibits it from doing so.

  6. What happens to an accredited adoption service provider when there is a complaint lodged against it?

    When a party to a specific adoption case has a complaint about an accredited/approved adoption service provider, he or she must first submit the complaint in writing directly to the provider in question, in addition to the primary provider in the case (if different). If the complaint raises an issue of compliance with the IAA or its implementing regulations and cannot be resolved through the provider's complaint process, the party to the adoption case will then be able to file the complaint with the Hague Complaint Registry (HCR), a web-based system with the Department of State. Federal, state, or local government officials, foreign Central Authorities, or individuals who are not party to a specific Convention case will be permitted to file complaints directly with the HCR without first submitting them to the accredited agency or approved person. Once a complaint is filed with the HCR, it will be available to the accrediting entity for appropriate action, and the Department will be able to monitor the handling of the complaint.

  7. What action can an accrediting entity take against an accredited adoption service provider because of a complaint or other negative information?

    An accrediting entity is required to take adverse action if it determines that the adoption service provider is not in substantial compliance with the accreditation/approval standards. As outlined in subpart K of the accreditation regulations, the accrediting entity must decide what adverse action to take based on the seriousness and type of the violation as well as the extent to which the provider has corrected or failed to correct deficiencies of which it has been previously informed. Such actions may include: Suspending or canceling accreditation or approval, Refusing to renew accreditation or approval, Requiring specific corrective action to bring the adoption service provider into compliance, or Imposing other sanctions, including requiring the adoption service provider to stop providing adoption services in a particular case or in a specific Convention country. Accrediting entities are further required to refer certain types of substantiated complaints to state licensing authorities, the Attorney General, or other law enforcement authorities, as described in section 96.72 of the accreditation regulations. The Department of State may also take adverse action against accredited agencies and approved persons in certain circumstances, as discussed in subpart L of the accreditation regulations. Different procedures may apply to temporarily accredited agencies, as described in subpart N of the accreditation regulations.

  8. What is temporary accreditation?

    If your agency wishes to provide adoption services in Convention adoptions, but feels it needs extra time to complete the full accreditation process, it may apply to become temporarily accredited. Temporary accreditation is only available to non profit agencies that provided adoption services in less than 100 intercountry adoptions between November 2005 and November 2006. Temporary accreditation lasts for one year for agencies that provided adoption services in 50-99 intercountry adoption cases during this time period, and lasts for two years for agencies that provided such services in less than 50 cases. The temporary accreditation period began on April 1, 2008, the day the Convention entered into force for the United States.