International Adoption - Moldova

DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

PLEASE NOTE: As a result of the investigation started by Moldovan authorities on March 16, 2001, all international adoption cases were put on hold. On May 29, 2001 the Moldovan government passed a decree temporarily banning all adoptions of Moldovan orphans by foreign citizens. Moldovan and U.S. government officials are dealing with this issue at the highest level. The Moldovan Government will not presently say when it will allow adoptions to continue.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S. based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in MOLDOVA and applying for an immigrant visa for the child to come to the United States. This process involves complex foreign and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parents(s) and the child. Because issuance of immigrant visas for Moldova takes place in Bucharest, Romania, interested U.S. citizens are strongly encouraged to contact U.S. consular officials in both Moldova and Romania, before formalizing an adoption agreement, to ensure that appropriate procedures have been followed which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

FY-1996: IR-3 immigrant visas issued to Albanian orphans adopted abroad - 38
IR-4 immigrant visas issued to Albanian orphans adopted in the U.S. - 2
FY-1997: IR-3 Visas - 34, IR-4 Visas - 9
FY-1998: IR-3 Visas - 45, IR-4 Visas - 1
FY-1999: IR-3 Visas - 62, IR-4 Visas - 1
FY-2000: IR-3 Visas - 75, IR-4 Visas - 4

MOLDOVAN ADOPTION AUTHORITY: Prior to April 26, 2001 the Moldovan Adoption Committee (MAC) was responsible for adoptions in Moldova. The Moldovan Government issued a decree May 29, 2001 temporarily banning all adoptions of Moldovan orphans by foreign citizens, and Parliament passed a new law governing adoptions, which became effective on April 26, 2001. This law requires the government to appoint a new entity to oversee adoptions but this has not yet been done.

MOLDOVAN ADOPTION PROCEDURES:

The agency in charge of adoptions ("Agency") as well as future procedures, will be determined by the Cabinet at a later date. Foreign citizens will be permitted to adopt Moldovan children only after the Agency once selected authorizes, and the appropriate court approves, each case. In general, the law gives preference to domestic adoptions. Eligible children must be identified as an orphan by a court or local child protection authority. Various legal criteria apply. Children will not be eligible for adoption by foreigners until they have registered as orphans with the Agency for six months, during which time local adoption authorities will attempt to match them with Moldovan families seeking to adopt. The adoptive parent's country must be either party to the Hague Adoption Convention or there must be a bilateral adoption agreement in place between that country and Moldova.

AGE AND CIVIL STATUS REQUIREMENTS:

Prospective Parents must be older than 25 years of age and under 50 years of age and at least 15 years older than the adopted child.

ADOPTION AGENCIES AND ATTORNEYS: This is a partial list of known adoption agencies and attorneys.

Wide Horizon for Children, Inc.
38 Edge Hill Rd
Waltham, MA 02451
Tel 781-894-5330
Tel in Moldova 8-10-40-9453-8164
http://www.whfc.org

Spence Chapin Services
6 East 94th St.
New York, NY 10128-0698
Tel 212-369-0300
Tel in Moldova 3732-74-13-20

Wasatch International Adoptions
2580 Jefferson Ave.
Ogden, UT 84401
Tel 801-335-8683
Tel in Moldova 3732-51-54-20

Commonwealth Adoption International Inc.
4601 E. Ft. Lowell, Suite 200
Tucson, AZ 85712
Tel 520-327-7574
Tel in Moldova 3732-27-51-71

Hand in Hand International Adoptions
9121 E. Tanque Verde, 105-314
Tucson, AZ 85749
Tel 520-745-1326
Tel in Moldova 3732-52-56-91

Special Additions
10985 W. 175th St.
Olatheks, MO
Tel in Moldova 3732-73-56-58

Children's House International
105 N. Prouse
Blackfoot, ID 83221
Tel in Moldova 3732-51-54-20

Tedi Bear Adoptions
259 North Roscoc Blvd., Ponte Vedra
Black, FL 32082
Tel in Moldova 3732-33-80-03

Small World Adoptions
1270 Feefel Road St.
Louis, MO 63146

Adoption Forever, Inc.
5830 Hubard Dr.
Rockville, MD 20852

East West Adoptions, Inc.
2 Parnassus Rd.
Berkeley, CA 94708
Tel 301-260-0003
Tel in Moldova 3732-24-12-48

Adoption Associates, Inc.
1338 Baldwin
Jenison, MI 49428
Tel 616-667-0677
Tel in Moldova 8-291-22085

A Bundle of Joy Adoption Services
Missouri 125 North Main
St. Charles, MO 63301
Tel 314-949-0735
Tel in Moldova 3732-75-65-62

Angels' Haven Outreach
370 W. Grand Blvd. # 207
Corona, CA 91720
Tel 909-735-5400
Tel in Moldova 3732-44-24-10

Creative Adoptions, Inc.
10750 Hickory Ridge Rd. Suite 108
Columbia, MD 21044

Families are Forever
4114 NE Fremont St. Suite 1
Portland, OR 97212
Tel in Moldova 3732-24-64-88

Lutheran Social Service of Minnesota
2414 Park Avenue
Minneapolis, MN 55404
Tel 612-871-0221
Tel in Moldova 3732-72-57-48

Carolina Adoption Services
1000 North Elm St.
Greensboro, NC 27401-1424
Tel in Moldova 3732-45-03-43

Madison Adoption Associates
1009 Woodstream Dr.
Wilmington, DE 19810

One World Adoption Services, Inc.
1030 South Federal Highway, Suite 100
Hollywood, FL 33020

Uniting Families Foundation
95 W Grand Ave, Suite 206
P O Box 755
Lake Villa, IL 60046

Americans for International Aid and Adoption
2151 Livernoise, Suite 200
Troy, MI 48083
Tel 248-362-1207

DOCTORS: The U.S. Embassy maintains current lists of doctors and sources for medicines, should either you or your child experience health problems while in Moldova.

MOLDOVAN DOCUMENTARY REQUIREMENTS:

To be determined by Moldovan Government

AUTHENTICATION PROCESS:

All documents above must be authenticated. Generally, U.S. civil records, such as birth, death, and marriage certificates must bear the seal of the issuing office. Then it must be authenticated by the state's Secretary of State in your state capital, then by the U.S. Department of State Authentication's office and then by the Moldovan Embassy or Consulate in the United States. Check with the Moldovan Consulate in the U.S. with jurisdiction over your state to see what seals and signatures the Consulate can authenticate. It may be possible to eliminate some of the steps if the Consulate has the seal of the local issuing authority on file.

Tax returns, medical reports and police clearances should likewise be authenticated, beginning with the seal of notary public in the United States or some appropriate issuing office. The county clerk where the notary is licensed or some similar authority should authenticate the notary's seal. The document should then be authenticated by the state Secretary of State; (in your state capital) the U.S. Department of State Authentication's Office, and the Moldovan Embassy or Consulate.

Advance Processing

Approved Form I-600A (Application for Advance Processing of Orphan Petition),

Fingerprints of each prospective adoptive parent on Form FD-258,

Proof of the prospective petitioner's United States citizenship,

Proof of the marriage of the prospective petitioner and spouse, if applicable,

Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable,

A "home study" completed by the appropriate State organization with a favorable recommendation,

Filing fee of U.S. $460.

Orphan Petition

Form I-600, Petition to Classify Orphan as an Immediate Relative,

Proof of the orphan's age,

Death certificate(s) of the orphan's parent(s), if applicable,

Proof that the orphan's sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan only has one parent,

A final decree of adoption, if the orphan has been adopted abroad,

Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage,

Proof that the pre-adoption requirements, if any, of the state of the orphan's proposed residence have been met, if the orphan is to be adopted in the United States.

U.S. IMMIGRATION REQUIREMENTS

A Moldoivian child adopted by an U.S. citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by U.S. citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 161 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Immigration and Naturalization Service (INS) having jurisdiction over their place of residence in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Moldova. U.S. citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Moldova for more information.

1 If a married couple is adopting the child and only one of the parents will travel to Malaysia, that parent must be an American citizen. REMEMBER, both parents must still sign the original I-600.

An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

The adoptive or prospective adoptive parent must be an U.S. citizen;

The child must be under the age of 16 at the time an I-600 Petition is filed with the INS on his or her behalf;

If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;

If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;

The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an U.S. Citizen. The Department of State encourages U.S. to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by INS can be found on INS's web site at http://www.ins.usdoj.gov.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Immigration and Naturalization Service (INS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Immigration and Naturalization Service (INS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Moldova.2

2 If a married couple is adopting the child and only one of the parents will travel to Moldova that parent must be an American citizen. REMEMBER both parents must still sign the original I-600.

Detailed information about filing these forms can be found on the INS web site at http://www.ins.usdoj.gov. U.S. who have adopted or hope to adopt a child from Moldova should request, at the time they file these forms, that INS notify the U.S. Embassy in Moldova as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an INS office in the US.

II. The Orphan Investigation

One part of the petition process that INS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. A consular officer performs this investigation at the time of the child's immigrant visa interview.

VISA INFORMATION & WHAT TO EXPECT INFORMATION:

The Moldovan Ministry of Foreign Affairs (MFA) requires all travelers from a country that has a Moldovan Embassy or Consulate to obtain a visa before travel. Visas are issued at the airport to travelers from countries not having a Moldovan Embassy or Consulate, and to others on a discretionary basis.

The U.S. Embassy strongly advises all American travelers to obtain visas before they depart for Moldova to avoid any difficulties at the airport. It will save you time and trouble in the long run.

MOLDOVAN EMBASSY IN THE UNITED STATES:

Moldovan Embassy
2101 S Street, NW, Washington, DC 20008
Phone: (202) 667-1130, ext. 15
Fax: (202) 667-1204
Email: moldova@dgs.dgsys.com
Web page: http://www.moldova.org

U.S. EMBASSY IN MOLDOVA:

Street address:
U.S. Embassy
strada A. Mateevici 103
Chisinau, Moldova MD-2009

Mailing address:
U.S. Embassy
Department of State
7080 Chisinau Place
Washington, DC 20521-7080

Tel.: (373) 2-23-37-72 or 40-83-00. Fax: (373) 2- 22-63-61

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult INS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Moldova may be addressed to the Consular Section of the U.S. Embassy or Consulate in Moldova. You may also contact the Office of Children's Issues, U.S. Department of State, Room L-127, SA-1, 2401 E Street, NW, Washington, D.C. 20522, Tel: (202) 736-7000 with specific questions.

Information is also available 24 hours a day from several sources.

Telephone

Office of Children's Issues - recorded information regarding changes in adoption procedures and general information, (202) 736-7000.

State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225.

Immigration and Naturalization Service - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Automated Fax

Contains the full text of the office's international adoption information flyers and general information brochure, International Adoptions. From the telephone on your fax machine, call (202) 647-3000.

Internet

The Consular Affairs web site at http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

INS web site - http://www.ins.usdoj.gov

Other Information

Consular Information Sheets published by the State Department and available for every country in the world, provide information such as the location of the U.S. embassy, health conditions, political situations, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the Internet web site, as above.