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.

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 Austria and applying for an immigrant visa for the child to immigrate to the United States. This process involves complex Austrian 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. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Austria before formalizing an adoption agreement to ensure that appropriate procedures have been followed that will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

AVAILIBILITY OF CHILDREN FOR ADOPTION: The number of Austrian children available for adoption is very limited and local authorities have a long waiting list of prospective adoptive parents. Furthermore, Austrian authorities have been reluctant in some instances to release children for foreign adoption. In recent years, however, American parents have adopted a small number of Austrian children. If the prospective parents do not know of a specific child personally or through acquaintances, there are two methods of locating an Austrian child for adoption. An Austrian attorney may be hired and provided with a power of attorney authorizing him/her to find a suitable child and proceed with the adoption process through the local court. Otherwise, the youth welfare (Juendamt) authorities in the provinces (Leänder) would be in the best position to provide information about children available for adoption within the area of their jurisdiction.

AUSTRIAN ADOPTION AUTHORITY: The government offices responsible for adoptions in Austria are the nine provinces, including the City of Vienna.

AUSTRIAN ADOPTION PROCEDURES: If the child is legitimate, the adopting parent(s)must enter into a contract with his/her biological father (if contact can be made). This contract must contain certain legal requirements.

If the child is an orphan or illegitimate child, his/her legal guardian must sign the adoption contract. In addition, the child's mother (again, if contact is possible) must give her written consent to the adoption, unless she herself signed the adoption contract as legal guardian of the child. All signatures on the adoption contract as well as the biological mother's signature on her consent to the adoption must be notarized either by an Austrian notary public (within Austria) or by a notary public outside of Austria whose signature is authenticated via the "apostle" procedure. A fact sheet outlining this latter procedure is available from this office on request or may be accessed on Internet at http://www.HCCH.net (Hague Legalization Convention.)

If the court is satisfied that the adoption would be in the best interest of the child, it issues a decree (Beschluss) certifying (bestätigen) the adoption contract. Such decree makes the adoption final and legally valid, and a new birth certificate for the child giving any new name(s) may be obtained from the appropriate Bureau of Vital Statistics (Standesamt).

Although it is possible for this entire process to be carried out by the prospective parents or parent alone, it may be advisable to engage the assistance of a local Austrian attorney.

Proxy adoption (wherein the prospective parents do not come to Austria) is legally possible. Although there are obvious disadvantages in having a child selected and adopted at long distance, the local youth office may give assistance, or a lawyer can make the arrangements.

AGE AND CIVIL STATUS REQUIREMENTS: The adopting father must be at least 30 years old and the adopting mother 28 years old. A married couple must normally adopt jointly, unless they have been separated for a minimum of three years.

ADOPTION AGENCIES AND ATTORNEYS: There are adoption agencies and attorneys specialized in adoption cases in Austria. A list of attorneys specializing in family law is available at the U.S. Embassy home page at http://www.usembassy-vienna .at.

Vienna:
Magistrat der Stadt Wien
Magistratsabteilung 11 (Jugendamt)
Ruedengasse 11
1030 Vienna, Austria

Burgenland:
Amt der Burgenländischen Landesregierung,
Abteilung VIII/I (Jungendwohlfahrt)
Landhaus
7000 Eisenstadt, Austria

Carinthia:
Amt der Kärntner Landesregierung
Abteilung 13 (Jugendwohlfahrt)
Arnulfplatz 2
9020 Klagenfurt, Austria

Lower Austria:
Amt der Niederösterreichischen Landesregierung,
Abteilung VIII/2, Jugendfürsorge,
Hohenstaufengasse 6
1014 Vienna, Austria

Upper Austria:
Amt der Oberösterreichischen Landesregierung,
Abteilung Jugendwohlfahrt,
Altstadt 30
4020 Linz, Austria

Salzburg:
Amt der Salzburger Landeregierung,
Abteilung 3 (Jugendwohlfahrtspflege)
Chiemseehof
5010 Salzburg, Austria

Styria:
Amt der Steiermärkischen Landesregirung,
Rechtsabteilung 9 (Fürsorge/Jugendwohlfahrt)
Hofgasse 12
8011 Graz, Austria

Tyrol:
Amt der Tiroler Landesregierung
Abteilung Vb (Jugendwohlfahrtswesen)
Maria-Theresien-Strasse 43
6020 Innsbruck, Austria

Vorarlberg:
Amt der Vorarlberger Landesregierung
Abteilung IVa (Soziales, Familie und Jugend)
Landhaus
6900 Bregenz, Austria

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

AUSTRIAN DOCUMENTARY REQUIREMENTS:

· The adoption contract and the mother's release are submitted to the appropriate Austrian court with a petition for certification (Bestätigung)
· The court may require evidence of the adopting parent's financial status
· The court may also require a "home study" in the United Stares or at the place of residence abroad through an appropriate agency.

U.S. IMMIGRATION REQUIREMENTS

An Austrian child, even if adopted by an American 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 American 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 16 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. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Vienna. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Vienna for more information.

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 American 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 American Citizen. The Department of State encourages Americans to determine 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 Vienna.

Detailed information about filing these forms can be found on INS's web site at http://www.ins.usdoj.gov . Americans who have adopted or hope to adopt a child from Austria should request, at the time they file these forms, that INS notify the U.S. Embassy in Vienna 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.

AUSTRIAN EMBASSY (and Consulates) IN THE UNITED STATES:
3524 International Court NW
Washington, D.C. 20008
Tel.: (202) 895 6767,
Fax: (202), 895 6774
Internet: http://www.austria.org
Austria also has Consulates in New York, Chicago, and Los Angeles.

U.S. EMBASSY IN VIENNA, AUSTRIA:
American Embassy
Consular Section
Gartenbaupromenade 2, A-1010 Vienna
Tel.: [43] (1) 31339 - 7532
Fax: [43] (1) 512 58 35.

FEES: In addition to notary fees and that of any attorney selected, there are court costs (approximately $40 per person or $80 per couple) and an adoption contract of a similar amount to be paid in connection with an adoption.

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 Austria may be addressed to the Consular Section of the U.S. Embassy in Vienna. You may also contact the Office of Children's Issues (CA/OCS/CI), 2201 C Street, N.W., SA-22, Room 2100, Washington, D.C. 20520-4818, 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: 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, providing 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.

© June 2001U.S. Department of State