The first step is to obtain "advance processing." This a determination that focuses on the ability of the prospective adoptive parents to provide a proper home environment. The second step concerns the orphan petition, which focuses on whether the child is an orphan under immigration law. The prospective parents may submit the documentation necessary separately or at the same time, depending upon when the orphan is identified.

Advance processing is initiated by filing INS form I-600A. The prospective parents may file this form before an orphan is identified, in order to secure the necessary clearance to file the orphan petition.

The major part of advance processing is obtaining a home study by a licensed agency, which must be submitted within one year of the I-600A.

The home study agency will come to the prospective parents' home, and speak to them and all the other adult members of your household. The agency will also request and examine variuous documents the prospective parents must provide, which typically include tax returns, references, marriage and birth certificates, employment letters, and the like. :

Based upon the agency's home visit, personal interviews, and the above documents, the agency will attempt to assess the prospective parents fitness to adopt a child.

Ukrainian Procedures

On the Ukrainian side, there are several steps that must be undertaken.

Adoption Center Registration

American prospective parents must first register with the state adoption agency -- the Adoption Center -- to begin adoption proceedings in Ukraine. A petition with a dossier of several documents must be submitted to the Adoption Center. These documents include the home study, INS form I-171H, proof of income, and bill of health, to name but a few.

The Adoption Center will then issue permission for prospective parents to visit orphanages, parents may go there and meet with a child(ren), check medical records and establish personal contact with him/her. When a child is selected for adoption, the Adoption Center removes the child's name from the database of orphans available for adoption.

Court Hearing

Both adoptive parents must attend a court hearing where the judge will review the documents, and generally announce a decision the same day, although there is a 10 day waiting period before the decision takes effect. Upon the effective date of a favorable decision, the new parents are granted parental rights and legal responsibility for the child.

Obtaining Post-Adoption Birth Certificate and Travel Document

The next step is to obtain a post-adoption birth certificate. The adoptive parents must apply at the local ZAGS (abbreviation for office of vital records in Ukrainian) with the final court decree and the original pre-adoption birth certificate. The adoptive parents may then use the new birth certificate to apply for a travel passport for their child.

US Embassy Kyiv Review

The next step step is to obtain a report of Overseas Orphan Investigation from the U.S. Embassy in Kyiv. They will review the documentation and your knowledge of the circumstances of the adoption and health of the child. You will be given a sealed copy of our report, which you will bring to the US Embassy in Warsaw, Poland. U.S. Embassy in Warsaw will complete the review of the immigration petition and (if all legal requirements have been met and no ineligibility is discovered) issue the immigrant visa.

US Embassy Warsaw Processing

The U.S. Embassy in Warsaw, Poland, processes immigrant visas for children adopted in Ukraine, among other countries. Once you complete the adoption process in Ukraine and get the documents cleared and authenticated at the U.S. Embassy in Kyiv, the adoptive parents must proceed to this Embassy to finalize the process.

FOR MORE INFORMATION:

Contact John Byrley at tel: 410-309-7060.