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Because India is party to The Hague Adoption Convention, adopting from India must follow a specific process designed to meet the Convention’s requirements. Couples must be married a minimum or two years. Live in couples are not eligible to adopt. To adopt a child age 0- 3 years old, the couple must be at least age 25 and not over 50. To adopt a child over age 3, the minimum age of the adoptive parent must be at least age 25 and not older than 55. An un-married or single male person is not permitted to adopt a girl child although single parent adoptions are allowed. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order to meet all necessary legal requirements. Adoptions completed out of order may not confer immigration benefits on the adopted child (i.e. it is possible the child would not qualify for an immigrant visa if adopted out of order).
1. Choose a U.S. accredited or approved adoption service provider
2. Apply to USCIS to be found eligible to adopt
3. Be matched with a child by authorities in India
4. Apply to USCIS for the child to be found eligible for immigration to the United States and receive U.S. agreement to proceed with the adoption
5. Adopt (or obtain legal custody of) the Child in India
6. Obtain a U.S. immigrant visa for your child and bring your child home
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