[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2010] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR204.305] [Page 132] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY PART 204_IMMIGRANT PETITIONS--Table of Contents Subpart C_Intercountry Adoption of a Convention Adoptee Sec. 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.