International adoption (also known as intercountry or transnational adoption) is a type of adoption in which an individual or couple living in one country becomes the legal parent(s) of a child who is a national of another country. International adoptions are often, but not always, transcultural or interracial.
Laws around international adoptions vary considerably by country. Some have established rules and procedures to allow it, while others expressly forbid it. Many African nations, in particular, have residency requirements for adoptive parents that rule out most international adoptions.
Where permitted, prospective adoptive parents must meet the legal adoption requirements of their country of residence and those of the country whose nationality the child holds.
Process overview
The requirements to begin the international adoption process depend entirely on the adoptive parent(s) country. Most countries require prospective parents to get approval to adopt first.
Children who go through international adoption often start in a "nursery". It is also not uncommon for a parent to place their child in a "nursery" temporarily due to poverty, work, or a desire to take advantage of the educational opportunities available in such facilities. Prospective parents of international adoptees typically have to wait for a referral for the child, which requires the biological parents of the children in the nursery to consent to the adoption. Although bureaucracy is often blamed for how slow the process can be, another contributing factor is that there are often more interested couples than there are children.
In the United States, the first stage of the process typically involves selecting a licensed adoption agency or attorney to work with. Pursuant to the rules of the Hague Adoption Convention, the adoption agency or attorney must be accredited by the government if the child's country is also a participant in the convention. If not, then the convention does not apply, and the adoptive parent(s) must follow the laws of the US and the child's country. In both situations, a home study and USCIS approval are required.
A dossier containing information about the prospective parents is prepared and submitted to the appropriate authorities in the child's country for review. This typically includes financial details, a background check, fingerprints, a home study review by a social worker, and a doctor's report regarding their health.Adoption: The Essential Guide to Adopting Quickly and Safely, by Randall Hicks, Perigee Press 2007
After the dossier is reviewed and the prospective parents are approved to adopt internationally, they are matched to an eligible child. They are then sent information about the child, such as their age, gender, health history, etc. This is called a referral. Some countries provide a travel date at this stage, informing the parents when they may travel to meet the child and sign any additional paperwork required, though most do that later in the process.
Following this, paperwork to make the child a legal citizen of the adopting parents' country is required. In addition, one or more follow-up visits from a social worker may be required—either by the placing agency used by the adoptive parents or by the laws of the country from which the child was adopted. In the United States, the Child Citizenship Act of 2000 automatically grants citizenship to all foreign-born children when at least one adoptive parent is a U.S. citizen. Depending on the circumstances of the adoption, the grant of citizenship takes place upon the child's admission to the U.S. as an immigrant or the child's adoption in the parent's home jurisdiction.
Major origin and receiving countries of children
Major origin countries According to a 2013 study, China, Ethiopia, India, South Korea, Ukraine, and Vietnam were the most common origin countries for international adoptions between 2003 and 2011.
, the number of international adoptions of children from China has drastically reduced. This is due to an improvement in the country's economy and the introduction of more restrictive laws prohibiting such adoptions by non-relatives after concerns were raised about the system's exploitative nature.
Origin countries of United States adoptions
In 2019, the top countries from which US citizens adopted children were China, Ukraine, Colombia, India, South Korea, Bulgaria, Haiti, and Nigeria. Adoption from Ethiopia used to be common until the country banned it in 2018. There were only 11 adoptions from Ethiopia in 2019, compared with 177 in 2018 and a high of 313 in 2017, when Ethiopia was second on the list.
Romania, Belarus, Russia, and Cambodia were other major origin countries until government crackdowns aimed at reducing abuse of the system were implemented. Similar bans were also instated in some Eastern European countries in the 2000s for the same reasons.
Major receiving countries
The top ten countries from which prospective parents originated between 2004 and 2021 were:
Rank Country Total adoptions 2004-2021 1 US 187,578 2 Italy 47,287 3 Spain 37,688 4 France 35,353 5 Canada 21,648 6 Sweden 10,113 7 Netherlands 9,253 8 Germany 7,228 9 Norway 4,706 10 Denmark 4,623
A related study found that the top five countries accounted for more than 80% of overall international adoptions from 1998 to 2007, and the US accounted for approximately 50% of all cases.
Trends in receiving countries United States
Although historically the United States has been among the top receiving countries, the numbers have declined dramatically in recent years. In 2019, only 2,971 children were adopted internationally, compared to 22,884 in 2004. This is attributed to a combination of factors, including increased bureaucracy due to the implementation of the Hague Convention guidelines, new legal restrictions in origin countries leading to a reduction in the number of children that can be adopted, increased cost, corruption in some foreign courts and orphanages, and the implementation of policies only allowing the adoption of children with significant special needs in many countries.
European countries Since the 1970s, European countries such as Spain, France, Italy, and several Scandinavian countries have experienced a considerable increase in the demand for adopted children from non-European countries.Selman P. (2005), "Trends in Intercountry Adoption: Analysis of data from 20 Receiving Countries, 1998-2004", Journal of Population Research, vol. 23, No. 2/2006, p. 183-204Selman P. (2007) "Trends in Intercountry Adoption 1998-2004: A demographic analysis of data from 20 receiving States" Journal of Population Research – special issue on "Globalisation and Demographic Change" Studies have suggested various causes for this increase, including: A trend in the Global North of delaying conception of the first child, which increases the risk of reduced fertility and the demand for adoptionReysoo Fenneke, BosPien, N'est pas mère qui veut. Le paradoxe de l'adoption internationale, Nouvelles Questions Féministes, vol. 30 n. 1, 2011 Reduced numbers of children available for adoption within the same countryAnna Ruzik, "Research Note Adoptions in the European Union", Centre for Social and Economic Research (CASE) Sienkiewicza, Warsaw, Poland, 2008
Recent data, however, show a stabilization or even a decrease in inter-country adoptions in many European countries. This may be due to factors including: A decrease in the causes of abandonment and increased economic development The implementation of social policies in favor of families Reduced stigmatization of unmarried mothers An increase in national adoptions in the main origin countries Increased regulation and new policies adopted by some countries of origin (e.g., Romania)Dickens J (2002) "The paradox of inter-country adoption: analysing Romania's experience as a sending country", International Journal of Social Welfare, No 11, pp. 76–83 aimed at regulating the outflow of children and preventing child trafficking The trends vary considerably between countries. For example, Spain, France, and Italy experienced a 70% increase in international adoptions between 2000 and 2005, while numbers decreased in Switzerland and Germany and remained stable in Norway.
Sex ratio of children adopted (US and Europe)
Historically, the US adopts more girls than boys. From 1999 to 2012, around 62% of adoptees by US families were girls, while only 38% were boys.The statistics section of International Adoption, under the US Government, http://adoption.state.gov/ab.out_us/statistics.php In recent years, however, this discrepancy has gradually declined, and the sex ratio is now more balanced.
Until the early 2000s, 90-95% of Chinese children adopted by US families were girls. This was because China had more girls available for adoption as a result of the Chinese culture's preference for sons and the implementation of the planned birth policy in 1979. For numerous reasons, including the amendment of the policy, adopting families' preference for girls, and an increase in sex selective abortions, most orphanages in the country now only house children with special needs, the majority of whom are male.
Comparatively, a majority of children adopted from India, South Korea, and other East Asian countries tend to be boys.
International legal framework At the international level, the main legal instrument on intercountry adoption is the Hague Adoption Convention. Additionally, the United Nations Convention on the Rights of the Child and the UN Declaration on Social and Legal Principles relating to the Protection and Welfare of ChildrenResolution A/RES/41/85 contain some specific references to intercountry adoption.Trevor Buck, "International Child Law", New York: Routledge, 2011 The latter, in particular, calls on Member States to establish policy, legislation and effective supervision to protect children involved in the process.
These three legal instruments share some common principles:
The child's best interest should be the paramount consideration. The child should be placed through competent authorities or agencies with the same safeguards and standards as domestic adoptions. In no case should an adoption result in improper financial gains for those involved. The principle of subsidiarity, according to which intercountry adoption should only take place when suitable adoptive parents (or next of kin) cannot be identified in the country of origin of the child. The international community, however, disagrees on whether the option of being placed in a permanent family setting through international adoption should prevail over the alternative of placing the child in residential care institutions.
The United Nations Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child PornographyUnited Nations, Treaty Series, vol. 2171, No. 27531, p. 227 also calls on Member States to ensure that coercive adoption is criminalized under national law, regardless of whether the offense is committed domestically or transnationally, on an individual or organized basis.
UN Declaration on Social and Legal Principles relating to the Protection and Welfare of Children The General Assembly adopted the UN Declaration on Social and Legal Principles relating to the Protection and Welfare of Children by resolution 41/85 on 3 December 1986. Salient sections of the declaration include:
A point in the annex reaffirming that "wherever possible, [the child shall] grow up in the care and under the responsibility of his parents and, in any case, in an atmosphere of affection and of moral and material security." Article 15 commanding Member States to ensure "sufficient time and adequate counseling" is provided to the "child's own parents, the prospective adoptive parents [and] the child in order to reach a decision on the child's future."