http://adoption.state.gov/adoption.homepage.

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http://adoption.state.gov/about/who/eligibility.html

Eligibility to Adopt
A first step is to file an application with United States Citizenship and Immigration Services
(USCIS).  Your application will consist of a USCIS form, a home study, an application fee, and
other supporting documents.  The form you use depends on the foreign country from which you
would like to adopt.  To know which form to file, you will need to know if your adoption is subject
to the Hague Adoption Convention (view list).  For a Convention country, file Form I-800A. (A
Convention country is a party to the Hague Adoption Convention.)  For a country not party to the
Hague Adoption Convention, use Form I-600A. 

 Form I-800A - Application for Determination of Suitability to Adopt a Child from a

Convention Country
 Form I-600A - Application for Advance Processing of Orphan Petition

Forms I-800A and I-600A allow prospective adoptive parents to demonstrate that they are eligible to
adopt and capable of providing proper care to a child.  They ask for relevant information about you
and, if you are married, your spouse.  They request supporting documentation, such as proof of
citizenship and proof of marital status (if applicable).  If there are any additional adult members
residing in your household other than you and your spouse, you will also be required to submit a
supplemental form about those individuals. 
 
For Hague Convention Adoptions
If you wish to adopt a child from a Hague Adoption Convention country, you must begin the adoption
process by filing Form I-800A.  Do not accept any adoption placement before USCIS has approved
Form I-800A.  During this time, you must also refrain from any contact with parents, legal custodians,
or other individual or entity responsible for the care of the child who may be eligible for adoption. 
 
ESTE ES EL CASO DE GUATEMALA, GUATEMALA ES PARTE DE LA CONVENCION PRIMO 

Application Instructions
Whether you file Form I-800A, I-600A (or I-600) it is very important to fill out the form properly and
completely.  If you do not complete the form, or file it without required supporting documentation,
USCIS may deny your petition.   USCIS provides detailed instructions: 
 Instructions for filling out Form I-800A
 Instructions for filling out Form I-600A
 Instructions for filling out Form I-600

o be found eligible to adopt a child abroad and bring the child into the United States(QUE ES
TU CASO PRIMO), you must also submit a home study with your application. A home study is a
review of you, your family and your home environment.  It assists U.S. Citizenship and
Immigration Services (USCIS), as well as a foreign country’s adoption authority, in determining
whether you and your home environment would be suitable for a child. 
Home study preparation requirements vary. Each state has different rules that apply to home
study preparers.  There are also differences between home studies prepared for Convention
adoptions and non-Hague Convention adoptions.  If you intend to adopt from a country party to
the Hague Adoption Convention, you must choose the country before the home study is
conducted.  In non-Convention adoptions, you may complete the home study before choosing a
country.  Additionally, home studies for Hague Convention Adoptions must be submitted to
USCIS with Form I-800A.  For non-Hague Convention adoptions, prospective adoptive parents
may submit the home study within a year of filing the I-600A. 

Home Study Requirements

Home studies must generally include the following:

·         An in-person interview and home visit with the prospective adoptive parent(s). In
addition, all adult members of the prospective parents’ household must also be
interviewed.

·         An accurate evaluation of the physical, mental, and emotional capabilities of the
prospective adoptive parent(s) and any other adult members of the household.

·         A detailed description of the finances of the prospective adoptive parent(s), including
but not limited to, income, debts, expenses, and the costs of supporting other members
of the family.

·         A detailed description of the prospective adoptive parent(s)’ living conditions.

·         If applicable, a detailed description of the prospective adoptive parent(s)’ ability to

provide proper care for a child with special needs.

·         A description of counseling provided to the prospective adoptive parent(s) or plans for
post-placement counseling.

·         Specific assessment of how the above factors would affect the prospective adoptive
parent(s)’ ability to care for an adopted child, the number of children that the parent(s)
may adopt, and any restrictions on the children who should be placed with the
parent(s).

·         A check of child abuse record, and inquiries into substance abuse, child or sexual
abuse and/or domestic violence. These checks and inquiries must relate to each adult
member of the prospective parents’ household. The results of these checks and
inquiries must be noted in the home study.

·         If there were any previous rejections for adoptions, or if an unfavorable home study was
ever prepared regarding any adult member of the prospective household, explanations
must be obtained.

·         A criminal history of each adult in the prospective parents’ household – failure to
disclose any record of arrest and/or conviction, history of any substance abuse, sexual
or child abuse, or domestic violence may result in a denial of the I-600A or the I-800A.

Home Studies for Hague Convention Adoptions

Home studies prepared for adoptions from countries party to the Hague Adoption Convention
(view list) must also comply with federal regulations (8 CFR 204.311) that have been written to
ensure that the United States complies with the principles of the Convention.  These regulations
are designed to make sure that the home study is conducted professionally and that it is
transmitted to the proper authorities expeditiously. 
 
Specifically, U.S. regulations for Hague adoptions require that:

         Home studies are conducted by an accredited/approved adoption service provider,

supervised provider, or an exempted provider. (A social work professional or
 organization that only performs a home study, and does not provide any other adoption
services in the case is known as an exempted provider, and does not have to be
accredited.  However, the home study must subsequently be approved by an accredited
adoption service provider.)

         The adoption service provider ensures that the home study is performed in accordance
with state and federal law.

         The agency’s employee who conducts the home study is authorized or licensed to
complete a home study under the laws of the states in which he or she operates, and is
also supervised by someone who has prior experience in family and children’s services
or intercountry adoption.  Adoption service providers must ensure the timely
transmission of the approved home study to the Central Authority or other competent
authority of the child’s country of origin.

         The expected total fee and estimated expenses for a home study are disclosed in
writing.

         The home study includes a determination of the prospective adoptive parent(s)’
suitability to adopt.

         When completed, a true copy of the home study must be transmitted to the Central
Authority or other competent authority for adoption in the country from which the
parents plan to adopt. 

Home studies for Hague adoptions must be submitted to USCIS at the same time of filing your I-
800A.   More information about home studies for Hague adoptions, including information about
home study updates and amendments, can be found in USCIS’ instructions for filing Form I-
800A.

Home Studies for non-Hague Adoptions

Home studies for non-Hague adoptions must also comply with separate, federal regulations that
have been written to ensure that prospective adoptive parent(s) are eligible and suitable to
adopt.  These regulations are also designed to make sure that the home study is conducted
professionally and that it is transmitted to the proper authorities expeditiously. 

For more information about the home study requirements for non-Hague adoptions, please visit
the Child Welfare Information Gateway. 

Adopting a Relative
If you wish to adopt a child relative (EL CASO DE TU ESPOSA) of yours, it is important to
understand that all U.S. adoption procedures still apply.  Some U.S. laws may prevent your
relative from being able to enter and live in the United States.  We recommend that you contact
an adoption service provider in the U.S. or a qualified adoption attorney before attempting to
proceed with adopting a relative who is not a U.S. citizen. 
 
Convention Adoptions
The Hague Adoption Convention allows for relatives adoptions.  The adoption must proceed
under U.S. law in the same way that other adoptions from Convention countries proceed. 
Prospective adoptive parents must still file Form I-800A with U.S. Citizenship and Immigration
Services (USCIS), followed at the appropriate time with Form I-800.  See our web page on the
Hague adoption process for more information. 
 
Note:  Under most circumstances, prospective adoptive parents are not permitted to identify a
child in a Convention country for adoption – the foreign country refers prospective adoptive
parents to a child (sometimes also called “matching”).  Contact between prospective adoptive
parents and a child’s parents or legal guardian is generally not permitted in Convention
adoptions.  However, the Convention provides an exception to these rules for adoption within
families.    
 
Non-Convention country Adoptions
Children being adopted from non-Convention countries must meet the Immigration and
Nationality Act (INA) definition of a “child” or an “orphan” before being considered for United
States permanent residence and eventual citizenship.  If an adopted child does not meet one of
these legal definitions, the child cannot immigrate to the United States – even if the child is
related to you.  The United States also requires that the petition for an adopted orphan be filed
before the orphan turns 16 (or 18 for older siblings).
 
To adopt a relative from a country non-Convention country, prospective adoptive parents
generally must still file Forms I-600A and I-600.   Refer to our web page about the non-Hague
adoption process for more information. 

Note: In some cases, if the adoption took place before the child turned 16 and the child has
resided with the United States citizen in legal and physical custody for at least two years, then
the U.S. citizen may file an immigrant visa petition (Form I-130) for the child.

FAQ'S 

1. Is it possible for me to adopt a family member?

Yes, depending on your and the child’s situation.  Prospective adoptive parents wishing
to adopt relatives from overseas should be aware of U.S. Government laws and
regulations that may prevent such relatives from being able to enter the United States.

2. What are those laws/regulations?

The U.S. requires that all children involved in intercountry adoption from  non-
Convention countries meet the definition of a child or an orphan as defined in the
Immigration and Nationality Act (INA) before they can be considered for United States
permanent residence/citizenship. If an adopted child does not meet one of these legal
definitions, the child cannot immigrate to the United States.   Similarly, all children being
involved in intercountry adoption from Convention countries must meet the definition of
a Convention adoptee  to be adopted and immigrate to the United States.

3. The child I would like to adopt does not fit into these categories. Is there another way I
can petition for this child to immigrate into the United States ?
If the adoption took place before the child turned 16, and if the child has resided with
the United States citizen in legal custody for at least two years, then the U.S. citizen
may file an immigrant visa petition for the child.

DESPUES DE ESTE PROCEDIMIENTO, TODA ESTA PAPELERIA SE ENVIA A

LA EMBAJADA, SE TRADUCEN LOS DOCUMENTOS Y SE INCIA EL
PROCEDIMIENTO AQUI EN GUATEMALA, AQUÍ DEBES PRESENTAR LO
SIGUIENTE:
SOLICITUD, ES UN MEMORIAL, CON TUS DATOS, LUGAR PARA RECIBIR
NOTIFICACIONES (YO TE LO PUEDO HACER)
MANDATO JUDICIAL A FAVOR DE UNA PERSONA QUE PUEDA
REPRESENTARLO EN GUATEMALA (EN ESTE CASO UN PARIENTE O UN
ABOGADO)
FOTOCOPIA LEGALIZADA DE TU ID
CARENCIA DE ANTECEDENTES PENALES DE USA
CERTIFICACIÓN DE LA PARTIDA DE MATRIMONIO
CONSTANCIA DE EMPLEO O INGRESOS ECONNÓMICOS
CERTIFICACIÓN MEDICA DE SALUD FISICA Y MENTAL DE USTEDES DOS
FOTOGRAFIAS RECIENTES
CERTIFICADO DE HABER CONCLUIDO TODO EL PROCEDIMIENTO DE
ORIENTACIÓN ALLA EN LOS ESTADOS UNIDOS
CERTIFICADO DE IDONEIDAD EMITIDO POR LA AUTORIDAD DE ALLA
(CALIFORNIA DE ADOPCIONES)

SE ESPERA TODO EL TRAMITE, TU MANDATARIO RECIBE LAS

NOTIFICACIONES Y LUEGO TE AVISA PARA QUE VENGAS AL PERIODO DE
SOCIALIZACION (5 DIAS)
DESPUES SE LE PIDE LA OPINION AL NIÑO (2 DIAS)
SE EMITE UN INFORME DE EMPATIA
RESOLUCIO FINAL

ESTA RESOLUCION LA DEBE HOMOLOGAR UN JUEZ, SE REGISTRA

SE ESPERA LA RESOLUCIÓN FINAL, DECLARANDO CON LUGAR LA
ADOPCION Y SE TERMINA.

ANTES LOS NOTARIOS GUATEMALTECOS COBRABAN HASTA $30,000 POR

UNA ADOPCION.