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 Bulgaria and applying for an immigrant visa for the child to come to the United States. This process involves complex Bulgarian 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 Bulgaria 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 Bulgarian orphans adopted abroad - 53
IR 4 immigrant visas issued to Bulgarian orphans adopted in the U.S. - 107
FY-1997: IR-3 visas - 58, IR-4 visas - 90
FY-1998: IR-3 visas - 50, IR-4 visas - 101
FY-1999: IR-3 visas - 129, IR-4 visas - 91
FY-2000: IR-3 visas - 173, IR-4 visas - 40

BULGARIAN ADOPTION AUTHORITY: The government office responsible for adoptions in Bulgaria is the Ministry of Justice. This office approves adoption requests based upon the recommendation of the Ministry of Health (for children up to three years of age) or the Ministry of Education (for children over three years of age). If the Ministry of Justice approves a request to adopt, the case is submitted to a court for final review, and if approved, an adoption decree is issued.

BULGARIAN ADOPTION PROCEDURES: Persons interested in adopting in Bulgaria must first identify a child available for adoption. There are many orphanages in Bulgaria, but not all children in orphanages are available for adoption. There is no central registry for identifying available children. Regional committees of supervising physicians and officials, together with the directors of each orphanage, determine whether a child may be placed with an adoptive family. Adoption agencies assist in identifying available children, often through videos or photographs. One or both of the prospective adoptive parents should plan on making at least two trips to Bulgaria: the first trip to identify a child personally, and the second to conclude the adoption process and apply for an immigrant visa for the child. At least one prospective adoptive parent must be present to accept a court has approved the child from the custody of the orphanage director after the adoption. Prospective adoptive parents should be aware that the adoption process takes at least several months, and sometimes lasts more than one year.

AGE AND CIVIL STATUS REQUIREMENTS: Bulgarian adoption law states that the prospective adoptive parent(s) must be a "person of full capacity who is not deprived of parental rights." Prospective adoptive parents must be at least 18 years old, and at least one must be 15 years older than the adoptive child. (Note: under U.S. law, at least one adopting parent must be 25 years of age or older.)

ADOPTION AGENCIES AND ATTORNEYS: Bulgaria does not have a licensing requirement for adoption agents. The Consular Section of the U.S. Embassy maintains a list of adoption agencies and attorneys known to have successfully completed international adoptions in Bulgaria. However, the list is not exhaustive, and the Embassy cannot recommend the services of any private agency or attorney. Prospective adoptive parents are strongly encouraged to research thoroughly the practices of any agency or individual prior to committing funds for an adoption.

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 Bulgaria.

BULGARIAN DOCUMENTARY REQUIREMENTS: The following documentary requirements for foreign adoptions in Bulgaria are listed exactly as they appear in the Bulgarian Ministry of Justice's English translation of official terms and procedures. The Embassy's clarifications are set in brackets [ ]. The Bulgarian Embassy in Washington, D.C must authenticate by the U.S. Department of State and all notarized documents completed in the United States. In order to lessen the expense of notarizing these documents, the Embassy recommends that some of the documents - such as items 2, 7 and 10 - be included in a single notarized affidavit. After the documents have been notarized and authenticated, an official translator must translate them into Bulgarian, and the translations must be notarized by the Consular Department of the Bulgarian Ministry of Foreign Affairs.

1. Marriage certificate - Where the prospective adoptive parent is not married, this circumstance shall be verified by a document issued by the local administration at the place of residence.

2. Certificate to prove that the prospective adoptive parent has not been deprived of parental rights. [In practice, this requirement is met by a statement provided by the licensed home study provider with the following information: (a) confirmation of the married status of the prospective adoptive parents or the reason for the single status of the prospective adoptive parent; (b) the number of children already in the family or specifying that there are no children in the family; (c) a statement to the effect that the prospective adoptive parent(s) has not been deprived of parental rights.]

3. Certificate issued by the local administration of the place of residence of the prospective adoptive parent, stating the amount of his/her income and property.

4. Recommendation of the social welfare service of the local administration at the place of residence .The report shall provide details about the prospective adoptive parents, the living conditions, the family and personal motivation for adoption, history of the marriage, etc.

5. Non-conviction certificate [refers to criminal record.]

6. Health papers on the physical and mental health of each prospective adoptive parent as well as a medical certificate on the non-observation of a grave chronic or contagious venereal diseases, AIDS, tuberculosis and other life threatening diseases of the prospective adoptive parents.

7. Statement duly attested by a Notary Public that the child shall not be subjected to experimental medical treatment and the parts of its body shall not be used for donor purposes.

8. Power-of-attorney with the signatures duly attested by the Notary Public where the applicants act by proxy.

9. Certificate of the observance of all provisions of the national legislation of the prospective adoptive parents related to the approval of the adoption. [The notice of approval by the INS of the form I-600A or I-600 meets this requirement.]

10. Statement that the national legislation of the prospective adoptive parents does not provide for the re-adoption or that the child shall not be given for adoption where the legislation permits re-adoption. [Because the United States has no such national legislation, a sworn statement or affidavit of the prospective adoptive parent(s) not to give the child up for re-adoption is accepted.]

11. Birth certificate of the adopted child.

12. Health certificate of the adopted child.

13. Consent for adoption in writing with the signature of the biological mother and father [if known] duly attested by a Notary Public. If the natural parents are deceased or deprived of parental rights, consent for the orphanage director must give adoption.

14. All other adoption documents required by the national legislation of the prospective adoptive parents. [No additional documents are required for U.S. citizens.]

Please note: In addition to the documentary requirements, there are other conditions for international adoptions in Bulgaria. Bulgarian regulations prohibit foreign adoptions for orphans less than one year of age or by prospective adoptive parents who have previous biological or adopted children. The Ministry of Justice may elect to waive these restrictions; however, prospective adoptive parents should not rely on waivers. In practice, most children adopted in Bulgaria by U.S. citizens are three or four years old. For children under age three, the regional committee must review the mental, developmental and medical condition of each child on a quarterly basis and must certify that three Bulgarian families have refused to adopt the child before s/he can be placed with a foreign family. This means that most children who are adopted by foreigners in Bulgaria either have a medical problem (which may be slight in terms of treatment in the United States) or are from one of Bulgaria's ethnic minorities, Turkish or Roma.

U.S. IMMIGRATION REQUIREMENTS

A Bulgarian 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 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. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Sofia. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Sofia for more information.

1 A child adopted at age 16 or 17 will also qualify, provided he or she was adopted together with a natural sibling who was under age 16.

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 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 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 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.: 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.

IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

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 Sofia.2

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

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 Bulgaria should request, at the time they file these forms, that INS notify the US Embassy in Sofia 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 U.S.

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.

BULGARIAN EMBASSY IN THE UNITED STATES:

Embassy of the Republic of Bulgaria
1621 22nd Street, NW
Washington, D.C. 20008
Tel: (202) 287-7969
Fax: (202) 234-7973

Bulgaria also has a Consulate in New York.

U.S. EMBASSY IN BULGARIA:

Mailing Address

U.S. Embassy Sofia - Consular Section
Unit 1335
APO AE 09213-1335
Tel: [011] (359) (2) 963-1250

Street address for Consular Section

U.S. Embassy Sofia
No. 1 Kapitan Andreev Street
Sofia, Bulgaria
Fax: [011] (359) (2) 963-2859

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 Bulgaria may be addressed to the Consular Section of the U.S. Embassy in Bulgaria. You may also contact the Office of Children's Issues, U.S. Department of State, 2401 E Street NW, SA-1, Room L-127, Washington, DC, 20522, Telephone 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, 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 2001