8 CFR § 204.305 - State preadoption requirements.

---
identifier: "/us/cfr/t8/s204.305"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 204.305 - State preadoption requirements."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "204.305"
section_name: "State preadoption requirements."
chapter_name: "DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "B"
subchapter_name: "IMMIGRATION REGULATIONS"
part_number: "204"
part_name: "IMMIGRANT PETITIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1184, 1186a, 1255, 1324a, 1641; 8 CFR part 2."
cfr_part: "204"
---


# 204.305 State preadoption requirements.

State preadoption requirements must be complied with when a child is coming into the State as a Convention adoptee to be adopted in the United States. A qualified Convention adoptee is deemed to be coming to be adopted in the United States if either of the following factors exists:

(a) The applicant/petitioner will not complete the child's adoption abroad; or

(b) In the case of a married applicant/petitioner, the child was adopted abroad only by one of the spouses, rather than by the spouses jointly, so that it will be necessary for the other spouse to adopt the child after the child's admission.