Hague Custody Declaration Law and Legal Definition

When a child is adopted from the U.S. to another Hague Adoption Convention (convention) country, the U.S. Secretary of State issues a Hague Custody Declaration. This declaration declares that asserts custody of a child for purposes of adoption has been granted in the U.S. in accordance with the convention and the Intercountry Adoption Act of 2000.

The U.S. Department of State is the U.S. Central Authority for the convention. To apply for a Hague Custody Declaration, the interested party must complete Form DS-5509 – Application for U.S. Hague Custody Declaration and submit it to the U.S. Department of State’s Office of Children’s Issues. The application should be accompanied by supporting documents.

Once the receiving country has the Hague Custody Declaration, it may grant the final adoption and issue an Article 23 Convention certificate. After that the adoption is entitled to recognition in the receiving country and other convention countries, including the U.S.