Is international adoption governed by federal law?

What the Law Says

Federal law plays a central role in international adoption when the child’s country of origin and the United States are both parties to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The International Child Abduction Remedies Act (ICARA) is the primary U.S. federal law that implements the Hague Convention — not only for abduction cases but also for establishing legal frameworks governing intercountry adoption procedures, safeguards, and cooperation between countries.

ICARA affirms Congress’s intent to protect children from abduction while also supporting ethical, transparent, and legally sound intercountry adoptions. It mandates cooperation among U.S. agencies, foreign governments, and accredited service providers to ensure children’s best interests are prioritized.

Although ICARA itself does not regulate the full adoption process (e.g., home studies or finalization), it authorizes federal enforcement of Hague standards and empowers the U.S. Department of State to oversee accreditation of adoption service providers — a requirement for all Hague cases.

Importantly, ICARA applies only to adoptions from countries that are parties to the Hague Convention. For non-Hague countries, federal immigration law (e.g., INA provisions governing orphan visas) and state adoption laws fill the gaps — but ICARA remains the cornerstone for treaty-based adoptions.

Statutory Text

The Congress makes the following findings: (1) The abduction or wrongful retention of children in international custody disputes is a serious problem that affects thousands of families each year. (2) The United States has a strong interest in ensuring the prompt return of abducted children and in cooperating with other nations to protect children from the harmful effects of abduction and retention.

— 22 U.S.C. § 9001 — Findings and declarations

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