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 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 Estonia and applying for an immigrant visa for the child to immigrate to the United States. This process involves complex Estonian and American 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 parent(s) and the child. Interested U.S. citizens are strongly encouraged to contact consular officials in Estonia 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-1998: IR-3 immigrant visas issued to Estonian orphans adopted abroad - 9
IR-4 immigrant visas issued to Estonian orphans adopted in the U.S. - 0
FY-1999: IR-3 Visas - 4, IR-4 Visas - 0
FY-2000: IR-3 Visas - 6, IR-4 Visas - 0

NOTE: ALL IMMIGRANT VISA PROCESSING FOR ESTONIA IS DONE AT THE U.S. EMBASSY IN HELSINKI, FINLAND.

ESTONIAN ADOPTION AUTHORITY: The government office responsible for adoptions is the Ministry of Social Affairs (MSA).

ESTONIAN ADOPTION PROCEDURES: An American wishing to adopt a child in Estonia must first contact an approved U.S. adoption agency or organization. A list of approved agencies and organizations can be obtained from the Estonian Ministry of Social Affairs. The adoption agency or organization will prepare the application, assist the applicants with their own local legal prerequisites, obtain all the necessary civil documents and forward them to the MSA. The MSA has a list of children in Estonia who are currently available for international adoption. A commission from the MSA will identify a child on that list and offer the prospective parent(s) the choice of adopting that particular child. If a prospective parent declines three successive offers; his or her application will be terminated.

CIVIL AND RESIDENCE REQUIREMENTS: MSA will not accept applications directly from non-resident prospective parents. (The definition of "non-resident" includes any American who does not have Estonian legal permanent residency, even if he or she should happen to be temporarily living in Estonia.) Applications from non-residents are only accepted through an adoption agency or non-governmental organization (NGO) that has been approved by and signed an agreement with the MSA. Interested Americans should contact the Estonian Ministry of Social Affairs for a list of approved agencies and NGO's.

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

U.S. IMMIGRATION REQUIREMENTS

A Estonian child 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 Helsinki, Finland. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Helsinki, Finland 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 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 Helsinki, Finland .

Prospective adoptive parents should be aware that whether they identify a child prior to leaving the U.S. or locate a child on a trip to Estonia, certain time consuming procedures must be completed before the U.S. Embassy can issue an immigrant visa. Prospective parents must file Form I-600A, the application for advance processing of orphan petition or Form I-600 (adoption petition) with the Immigration and Naturalization Service (INS) district office having jurisdiction over their place of residence in the United States.

The Form I-600A (the application for advance processing of an orphan petition) is filed when the prospective adoptive parents have not yet identified a child for adoption. The Form I-600 (adoption petition) is filed if a specific child has been identified for adoption.

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 Estonia should request, at the time they file these forms, that INS notify the U.S. Embassy in Helsinki, Finland 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.

I-600A APPLICATION FOR ADVANCE PROCESSING OF ORPHAN PETITION: Form I-600A is used when the prospective parents are seeking to adopt a child, but have not identified the child they want to adopt. Filing an I-600 A form at an INS office in the United States before traveling to Estonia often expedites the overall process.

When filing Form I-600A, the prospective parents must show that they have complied with the pre-adoption requirements of their home state. The INS office (usually the district office in which Form I-600A was filed) must determine whether federal and state pre-adoption legal requirements have been met.

If the adopting parents have an approved I-600A only, they must file form I-600 at the American Embassy in Helsinki, Finland. Both parents must sign the form in front of the consular officer. Note: there are no provisions in INS regulations allowing consular officers to accept I-600 petitions signed by agents with powers of attorney. Consequently, even if an agent is physically accompanying the child to the U.S., the adoptive parents must sign the I-600 petition after the child has been identified.

FORM I-600 ADOPTION PETITION: The form I-600 is required in all cases involving an application to bring an abandoned or orphaned child to the United States. It may be filed at any INS office in the United States.

If the adoptive parents, who may also be referred to as the "petitioner," or "petitioners," choose to file Form I-600 at the American Embassy in Helsinki, it must be preceded by an INS-approved Form I-600A. Moreover, both adopting parents must sign form I-600, the petition, in front of the consular officer.

The I-600A and I-600 forms are usually accompanied by:

a home study of the adopting parents by a recognized social agency in their state of residence;

evidence of compliance with any state pre-adoption conditions;

a fingerprint check by the INS of the adopting parents;

certified copies of the prospective adoptive parents' birth certificates in the U.S. or other evidence of U.S. citizenship;

a certified copy of the adoptive parents' marriage certificate (if applicable);

proof of termination of any previous marriages in the form of certified copies of death certificates or divorce decrees (if applicable).

Once the INS branch office has approved the I-600A or I-600 petition, they will cable an official notice of the approval to the consular section in the American Embassy in Helsinki, Finland.

AUTHENTICATION PROCEDURE: U.S. civil records, such as, birth, death, and marriage certificates must bear the seal of the issuing office, then be authenticated by the states' Secretary of State in your state capital, the U.S. Department of State Authentication's Office, and finally by the Estonian Embassy or Consulate in the United States.

Tax returns, medical reports and police clearances should also be authenticated, beginning with the seal of a notary public in the U.S. or other appropriate issuing office. The clerk of court of the country where the notary is licensed or other similar authority should authenticate the notary's seal.

Check with the Estonian Embassy in Washington to see what seals and signatures the Consulate can authenticate. It may be possible to eliminate some of the authentication steps if the Consulate has the seal of the local issuing authority on file.

The U.S. Department of State Authentication's Office is located at 518 23rd, NW, State Annex 1, Washington, D.C. 20522, tel: (202) 647-5002. Walk-in service is available 8 a.m. to 12 noon Monday-Friday, except holidays. The Department charges $5.00 per document for this service, payable in the form of a check drawn on U.S. bank or money order made payable to the Department of State.

Upon arrival in Tallinn, prospective adoptive parent(s) should register at the Consular Section, American Citizens Services Section of the American Embassy. The Embassy will be able to provide information about any outstanding travel advisories, any recent changes in adoption procedures and other information about the country, including lists of physicians, attorneys, interpreters and translators.

FINNISH EMBASSY IN THE U.S.
Embassy of Finland
330 Massachusetts Ave., NW
Washington, DC 20008
Tel. (202) 298-5800

American citizens need a passport but no visa to enter Finland for up to 90 days.

ESTONIAN EMBASSY IN THE UNITED STATES:
Embassy of Estonia
2131 Massachusetts Ave, NW
Washington DC 20008
Tel: (202)-588-0101
Fax: (202)-588-0108

American citizens need a passport but no visa to enter Estonia for up to 90 days.

Specific questions regarding adoptions from Estonia may be addressed to:

U.S. EMBASSY IN HELSINKI, FINLAND
U.S. Embassy Consular Section
Itainen Puistotie 14A
Helsinki, Finland
Tel: 011-358- 9-171931
Fax: 011-358- 0-174681

U.S. EMBASSY IN TALLINN, ESTONIA
U.S. Embassy
Kentmanni 20
Tallinn, Estonia
Tel: 011-372- 668-8100
Fax: 011-372-668-8267
E-mail:

WHAT TO BRING FOR YOUR NEW BABY/CHILD: Since it is difficult to predict how long it may be necessary for you to remain in Estonia with your adopted child, you may want to consider what articles you might want to bring with you. While there is a wide range of baby products available in Estonia, you should be aware that not all U.S. brands are represented.

ILLEGITIMACY: Currently an illegitimate child born in Estonia has only one legal parent - the child's mother. The father of an illegitimate child has no parental rights regarding that child, regardless of whether or not his name appears on the child's birth certificate. He could acquire parental rights by establishing paternity in a competent court (this could be done against his wishes, as the government of Estonia could thereby force him to fulfill his parental obligations vis-à-vis child support.) Additionally, if a child's sole legal parent dies, the MSA will explore all avenues - relatives, a putative father, etc. - before the child's name is added to the adoption register.

*Interested Americans should be aware that the process of adopting a child in Estonia and bringing the child to the U.S. may be time consuming and difficult. The American Embassy the Department of State stands ready to assist adoptive parents, within the limits of our authority. U.S. citizens arriving abroad to finalize an adoption are advised to proceed carefully with all local foreign adoption procedures. They should also work closely with the U.S. Embassy throughout the adoption process to ensure that the child selected will qualify for U.S. immigration benefits and that all the necessary documents are in order*

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

QUESTIONS: Specific questions regarding adoption in Estonia may be addressed to the Consular Section of the U.S. Embassy in Estonia or the U.S. Embassy in Helsinki. You may also contact the Office of Children's Issues, U.S. Department of State, -127, SA-1 2401 E. Street, NW, 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