Hundreds of American families are currently in limbo after China’s recent decision to end international adoptions. In August 2023, the Chinese government quietly banned all foreign adoptions, cutting off a long-standing program that, for decades, allowed thousands of children—many with disabilities—to find permanent homes with families abroad. The move, confirmed by China’s foreign ministry the following month, has left approximately 270 American families in a painful state of uncertainty.

These families had already been approved to adopt children from China when the policy abruptly changed. Many of them had been waiting for years due to pandemic-related delays that restricted travel. Now, with no path forward and no response from Chinese authorities, they are pleading for diplomatic intervention. The stakes are high—not just for the hopeful parents, but for the children, many of whom have special needs and remain in institutional care without the medical or emotional support they were expected to receive in the U.S.

International adoption from China has a long and complex history. Since 1992, more than 160,000 children have been adopted by foreign nationals, with over 82,000 placed with families in the United States, according to the U.S. State Department. China’s adoption program gained prominence during the years it enforced a strict one-child policy, which led many families to relinquish their infants, particularly girls. The policy officially ended in 2016, and the country has since begun encouraging families to have up to three children. Still, the effects of that policy linger, especially in orphanages and child welfare institutions.

In the last decade, the majority of children available for international adoption from China have been children with special needs. These children often require urgent and long-term medical care, therapies, and stable family environments—needs that are difficult to meet in institutional settings. American families, many of whom have specialized training or experience in caring for children with disabilities, have stepped forward in growing numbers to meet this need. For them, the decision to adopt from China was a deeply considered commitment to helping children who have few other options.

Now, that commitment is in jeopardy. Despite completing home studies, medical evaluations, background checks, and other steps required for international adoption, these families are unable to finalize their adoptions. Their legal processes were approved. In many cases, the children already know they were going to be adopted. Families have prepared bedrooms, collected toys, and even learned Mandarin to help their future children adjust. The sudden halt has not only caused legal uncertainty—it has also created emotional distress for both the children and the families involved.

In response, advocates are calling on the U.S. government to intervene. Earlier this year, a bipartisan group of 105 lawmakers, led by Senator Amy Klobuchar (D-MN), sent a letter urging former President Donald Trump to raise the issue in future diplomatic meetings with Chinese President Xi Jinping. Their appeal emphasized the urgency of resolving pending cases, not overturning China’s new policy on international adoptions. “It is particularly critical that these children have access to the care and support that they need—which hundreds of American families approved for adoption are willing to provide,” the letter stated.

This is not the first time elected officials have addressed the issue. In 2023, two additional letters were sent—one signed by 100 members of Congress and another by 33 state governors—urging President Biden to prioritize the matter in his meeting with President Xi. Despite this bipartisan support, the topic was not addressed when the two leaders met in Peru in November of that year.

According to the National Council For Adoption, the current effort is not a challenge to China’s sovereign right to end international adoptions. Instead, it is a plea for compassion and consistency in the cases that were already in progress. Ryan Hanlon, president of the Council, stressed that families are not asking to reopen the program—they are only seeking closure for cases that had already been legally approved. Many of these families had received official referrals and matched with children. For the families involved, it is about honoring a commitment that both governments previously recognized.

International adoptions are governed by strict legal frameworks, including the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, which both China and the United States have ratified. These agreements are designed to protect children from trafficking and ensure that adoption is always in the best interest of the child. But the halt in China’s program highlights a difficult truth: even within international law, politics and policy can change rapidly, leaving families in an impossible position.

For parents seeking to adopt internationally, this situation underscores the importance of strong legal support throughout the adoption process. International adoptions involve complex legal steps that span multiple countries. Any change in immigration policy, documentation, or international agreements can dramatically affect the outcome of an adoption case. In the U.S., families must comply with both state and federal adoption laws, in addition to the legal requirements of the child’s country of origin.

Those working through international adoptions also face financial burdens. Many families have already spent thousands of dollars in agency fees, legal expenses, medical evaluations, document translations, and travel preparation. When a program ends mid-process, these investments are rarely recoverable. More importantly, the emotional cost to the families and the children is immeasurable.

In recent years, international adoption has declined overall. According to the U.S. Department of State, intercountry adoptions to the United States fell from over 22,000 in 2004 to fewer than 1,800 in 2022. The reduction is due in part to stricter regulations, increased domestic adoption efforts in sending countries, and growing political sensitivities. While this trend reflects positive developments in domestic child welfare systems, it also means that children with complex medical or developmental needs have fewer opportunities for adoption.

For American families currently seeking to adopt internationally—or those considering it in the future—legal preparation and guidance remain essential. Working with professionals who understand the legal, ethical, and procedural landscape of international adoption helps mitigate risks and reduce delays. While not every challenge can be prevented, families benefit from working with a team that can help navigate the shifting dynamics of international policy.

For more than 25 years, the Law Office of Cofsky & Zeidman, LLC has helped guide families through the adoption process, including international and special needs adoptions. With over 1,500 adoption proceedings successfully handled, their attorneys understand the complexity and emotional weight of cases like these. Whether working with families pursuing international adoption or representing those involved in domestic or stepparent adoptions, they bring legal insight and compassionate guidance to every case.

Attorney Donald C. Cofsky is a Fellow and Immediate Past President of the Academy of Adoption and Assisted Reproduction Attorneys and a charter member of the American Academy of Assisted Reproductive Technology Attorneys. His experience with both domestic and international adoptions ensures that families receive comprehensive, up-to-date legal support. The firm also assists with home studies, immigration documents, adoption expenses, and contested adoption matters.

If your family is navigating the international adoption process—or facing challenges due to policy changes—the team at Cofsky & Zeidman can help. They are committed to protecting your rights and supporting your journey to parenthood. To learn more, contact their office online or call (856) 429-5005 in Haddonfield, NJ; (856) 845-2555 in Woodbury, NJ; or (215) 563-2150 in Philadelphia, PA.

International adoption can be unpredictable, but no family should have to face it alone. Legal advocacy, diplomatic pressure, and public awareness can make a difference. With the right support, families can continue working toward the goal that started their journey: providing a loving, permanent home to a child in need.