In the  past 10 years, the annual number of U.S. intercountry adoptions has  consistently increased and nearly tripled, from more than 8,000 in fiscal  year 1994 to more than 22,000 in fiscal year 2004 (see fig. 1). 3). Various factors, such as  different foreign government’s requirements, contribute to varying lengths  of time required for the process and the varying costs incurred by adoptive  parents. U.S. USCIS has  taken measures to review the quality of the adoptions process but lacks a  structured quality assurance program where results are summarized and  communicated to senior agency officials. The program eliminates the  application and fee for citizenship certificates for about 70 percent of  children adopted by U.S. citizens. Factors in Some Foreign Countries May Contribute to Abuses in U.S. Intercountry Adoptions

While the U.S. immigration law covering intercountry adoptions is designed  to ensure that adopting parents are suitable and fit to provide proper care  of the child and that the foreign-born child is an orphan, conditions in some  countries—such as corruption and the lack of a legal framework over  intercountry adoptions—may lead to abuses in the intercountry adoption  process. Both Agencies Have Taken Steps to Strengthen Intercountry Adoption Safeguards in Foreign Countries, but USCIS Has Not Formally and Systematically Documented Incidents of Potential Abuses

USCIS and State have taken various steps to strengthen safeguards against  abuses associated with adoptions from foreign countries. United States and Some U.S. Top Sending Countries Have Not Ratified Multilateral Convention That Establishes Minimum Intercountry Adoption Standards

The Hague Convention, which governs intercountry adoptions, establishes  minimum standards designed to help alleviate some of the risk associated  with foreign governments’ adoption processes. The United States signed the Convention in 1994. Since its creation, 66 countries (which represented about 39 percent of all  U.S. intercountry adoptions in fiscal year 2004) have ratified the  Convention. Recommendations for Executive Action

To improve the management of the U.S. intercountry adoption process, we  recommend that the Secretary of Homeland Security take the following  actions working with the Director of USCIS to  formalize its quality assurance mechanisms so that the agency can  assess the quality of the intercountry adoption process over time, ensure  that senior officials from USCIS and State are aware of the outcomes of  the quality assurance process, and identify opportunities where  additional training or guidance may be warranted; and  consider establishing a formal and systematic approach to document  specific incidents of problems in intercountry adoptions that it has  identified in foreign countries to retain institutional knowledge and  analyze trends of individuals or organizations involved in improper  activities. DHS  noted that both agencies have improved interagency coordination and  efforts to communicate with parents, developed standard operations  procedures, conducted training, and streamlined the process. Citizenship and Immigration  Services (USCIS) and Department of State (State) officials in Washington,  D.C., with responsibilities for managing intercountry adoptions cases. To describe the Hague Convention and the statuses of U.S. and top sending  countries’ implementation of the Convention, we analyzed the text of the  Convention on the Protection of Children and Co-operation in Respect of  Intercountry Adoption to identify the purpose and standards of the  Convention. 2.
Why GAO Did This Study

U.S. intercountry adoptions nearly tripled from more than 8,000 to more than 22,000 between fiscal years 1994 and 2004. While the Department of State (State) and U.S. Citizenship and Immigration Services (USCIS) manage the process, factors ranging from corruption to inadequate legal frameworks in foreign countries could lead to abuses such as the abduction of children. GAO (1) describes the U.S. intercountry adoption process, (2) assesses the U.S. government's efforts to manage the intercountry adoption process, (3) assesses U.S. efforts to strengthen safeguards and mitigate against the potential for fraudulent adoptions, and (4) describes the Hague Convention (Convention) and the statuses of U.S. and top sending countries' implementation of the Convention.

What GAO Found

Adoptive parents must meet domestic and foreign government requirements to complete intercountry adoptions. However, factors such as foreign governments' procedures may contribute to varying time frames for adoptions. USCIS and State are the domestic agencies responsible for intercountry adoptions. USCIS and State made efforts to enhance the process by improving interagency coordination and communication with parents and developing additional guidance on adoptions. In addition, USCIS streamlined the intercountry adoption process by eliminating the application and fees for parents to obtain U.S. citizenship certificates for eligible children. While USCIS has taken measures to review the quality of the adoptions process, GAO found that the agency does not have a formal quality assurance program in place where results are summarized and reported to senior agency officials so that an assessment of the quality of the intercountry adoption process can be made over time. Factors in foreign countries' environments may allow for abuses in adoptions. To reduce the likelihood of such abuses, USCIS and State have taken such steps as holding diplomatic discussions with foreign governments and imposing additional U.S. procedural requirements. However, USCIS has not established a formal and systematic process for documenting specific incidents of problems in foreign countries. Such a process would allow for a systematic approach to analyze problematic trends and retain institutional knowledge. The Hague Convention governing intercountry adoptions establishes minimum standards designed to help alleviate some of the risk associated with the adoption process. The United States has signed the Convention and taken several steps toward implementing the Convention; however, key steps remain, including formal ratification of the Convention. Since its creation, 66 countries (which represented about 39 percent of all U.S. intercountry adoptions in fiscal year 2004) have ratified the Convention.