Hague vs. Non-Hague Adoptions

 Posted on February 24, 2025 in Family Law

If you are considering international adoption, you may have come across two terms: Hague and non-Hague adoptions. At first glance, the distinction might not seem significant, but the route you choose will shape your adoption experience and impact everything from legal protections to adoption timelines.

As you begin this journey, it is important to understand the differences between these two processes and how they interact with Texas law. At Brandon Wong & Associates, our Texas international adoption attorneys understand Hague and non-Hague adoptions and will guide you, whichever route you choose.

What is the Hague Adoption Convention and How Does it Affect Adoption? 

The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption is an international treaty designed to protect the best interests of children, adoptive families, and birth parents. Countries that participate in the Hague Convention must follow strict guidelines to prevent child trafficking and ensure ethical adoption practices.

For adoptive parents, a Hague adoption provides more safeguards and transparency. The process includes working with a Hague-accredited agency, completing extensive pre-adoption education, and following a structured approval process. While this may mean more paperwork and longer wait times, it also reduces the risk of unethical practices and ensures that a child is legally free for adoption before they join your family.

How Are Non-Hague Adoptions Different From Hague Adoptions? 

Non-Hague adoptions take place in countries that are not part of the Hague Convention. This does not mean the adoption is unsafe or unethical, but it does mean fewer internationally agreed-upon regulations. In many cases, non-Hague adoptions can move faster and involve fewer procedural hurdles. However, parents may need to be extra diligent in verifying that the child is truly available for adoption and that all legal steps are properly completed.

One of the biggest differences is how the U.S. immigration process works. With a Hague adoption, families submit Form I-800A and Form I-800 to establish eligibility. In a non-Hague adoption, the process involves Form I-600A and Form I-600, and adoptive parents must provide additional evidence to prove the adoption meets U.S. immigration standards.

Does Texas Law Affect International Adoptions?

Under Texas law, all adoptions, including international ones, require an adoption evaluation (home study) to make sure that the adoptive family is prepared for the responsibilities of parenting. Additionally, even if an adoption is finalized overseas, Texas law allows families to re-adopt in a Texas court to ensure the adoption is fully recognized under U.S. law. This process also makes it easier to get a Texas birth certificate for the child.

Let Our Bexar County, TX Adoption Lawyers Help Guide You

Deciding between a Hague and non-Hague adoption depends on your priorities. Do you want the security of a more standardized process, even if it takes longer? Or would you prefer a potentially faster adoption from a non-Hague country, understanding that the process may require extra diligence? Whichever path you take, it is essential to work with experienced professionals who can guide you through the legal, logistical, and emotional aspects of adoption.

At Brandon Wong & Associates, we understand that international adoption is a life-changing decision. Our San Antonio, TX family law attorneys are here to make sure that your adoption process is legally sound from start to finish. Call us at 210-201-3832 to discuss your goals and take the next step toward growing your family.