Rule 5.491.Adoption of a child resident in the United States by a resident of a foreign country not party to the Hague Adoption Convention
Division 2. Rules Applicable in Family and Juvenile Proceedings · Chapter 3. Intercountry Adoptions · Adopted 2013 · no amendments on record · Last verified September 10, 2026
Full Text of Rule 5.491
Plain-English Summary
One sentence covering the gap the previous rule leaves. Where a child resident in the United States is adopted by a resident of a foreign country that is not party to the Hague Adoption Convention, the adoption must conform to the law governing California adoptions.
There is no separate certification track, no Hague Adoption Certificate, and no Hague Custody Declaration — the case proceeds as a California adoption does.
Frequently Asked Questions
What if the adopting parents live in a non-convention country?
The adoption must conform to the law governing California adoptions. The Hague Convention machinery in rule 5.490 does not apply.
How do I know whether a country is a convention country?
"Convention country" is defined in Family Code section 8900.5(f), which rule 5.490 uses to set its own scope.
Amendment History
Rule 5.491 adopted effective July 1, 2013.