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: Finnish law does not allow for any foreigner to adopt a Finnish child. However, the U.S. Embassy in Finland deals with Estonian children adopted by foreigners.

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 Finland and applying for an immigrant visa for the child to come to the United States. This process involves complex Finnish 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. Embassy officials in Helsinki before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy (Consulate) to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: Due to the legal prohibition against foreigners adopting in Finland, there are no statistics to show how many IR-3's and IR-4's were given.

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

AGE AND CIVIL STATUS REQUIREMENTS: A prospective adoptive parent must be at least 25 years old and a permanent resident of Finland in order to adopt a child from Finland. The prospective parent is not permitted to take the child out of the country to live. The prospective parent can be married, single, divorced or widowed, but couples in common law marriages are not eligible to adopt.

ADOPTION AGENCIES AND ATTORNEYS: There are currently no adoption agencies or attorneys in Finland that handle international adoptions.

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 Finland.

Medical examination: Each immigrant visa applicant must have a medical examination before coming to his/her final visa interview. This examination must be done in Finland by one of the Embassy panel physicians. Please contact the panel physician directly to schedule the medical appointment and lab work for your adoptive child. If you wish, the Consulate immigration assistant can schedule the doctor's appointment on your behalf. For further information, see Medical Examination in Finland heading.

FINLAND DOCUMENTARY REQUIREMENTS: All documents not in Finnish must be accompanied by certified English translations. Translation must be certified by a competent translator, and sworn to before a Notary Public. It is also possible to translate foreign documents in Finland. The Helsinki Consulate will be happy to refer you to a licensed translator. The following documents are required concerning the adoptive child:

· Birth certificate- you will need to provide two different foreign birth certificates for the orphan. The first one must show the child's original name when baptized (before the adoption). The second one must show the child's name after the adoption, and list the adoptive parents as the child's parents.

· Evidence that the child has been abandoned (by both natural parents if both are still living)
1. Evidence of the death of the natural parents (s)
2. Written statement from natural parent (s) in which he/she states that he/she is not capable of providing proper care for the child, which child he/she unconditionally releases for adoption and emigration.
3. Local Government Decree making the child a ward of the competent state body- the decree must state that the competent legal authority in the child's country of residence has made the child their ward. The decree should show that the surviving parent (s) have shown a clear refusal to assume the natural and legal obligations for the child's care and welfare, have abandoned the child permanently (e.g. to an orphanage), and are not contributing or attempting to contribute support as a reflection of a continuing family tie to the child.

All other evidence of abandonment by the natural parent (s) is considered secondary. In cases where only secondary evidence of abandonment is presented, the petition must be referred to the U.S. Immigration and Naturalization Service office in Frankfurt for adjudication. If this is necessary, the issuance of your adoptive child's U.S. immigrant visa will be considerably delayed. If the child is not legally classifiable as an orphan under U.S. Immigration Law, the petition will be denied. If the petition is denied, the denial may be appealed.

· Evidence that the adoption has been made in accordance with local law in the child's country of residence
1. Decision of the responsible administrative and legal body permitting the adoption of the child by foreign citizens.
2. Certificate of adoption showing the child's original name, child's name after adoption, and the names of the adoptive parents.

The documents needed to present to the Helsinki Consulate if they are not in possession of your original INS approved I-600A petition:

· Proof of your U.S. citizenship (e.g. passport)
· Original or notarized photocopy of the adoptive parents marriage certificate
· Original or notarized photocopy of any divorce decrees
· Approved home study conducted by a competent social agency in the U.S.
· Form I-864 (Affidavit of Support)

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 Finnish 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.

U.S. IMMIGRATION REQUIREMENTS

A Finnish 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 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 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 Helsinki, which also handles immigrant visas. U.S. citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Helsinki 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 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 Helsinki .

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

WHAT TO DO AFTER ARRIVING IN FINLAND: Go to the U.S. Embassy consular section as soon as possible, after you arrive in Finland. An immigration assistant will provide you with certain forms to complete, and will double check your documents to see that everything is in order prior to your child's final interview with the Consul.

Although, the Embassy will have received the approved I-600A from the INS, you must still file an I-600 (Petition for the immediate relative) at the Consulate in Helsinki. If you are married, both you and your spouse must sign the petition, which must be properly filled out with the complete biographic and other details concerning the adopted child. A power of attorney for this purpose is not acceptable. You are required to present a notarized statement of willingness to adopt the child from your spouse if he/she is not present when the other parent files the I-600 at Helsinki. When filing the I-600 you will be asked to present your U.S. passport or other evidence of U.S. citizenship.

Medical Examination in Finland: Once you are in Finland, your adoptive child must undergo a complete medical examination. This examination must be conducted in Helsinki by one of the embassy panel physicians.

Photos: The U.S. Embassy in Helsinki needs three photographs for each adopted infant. They recommend that you take the photographs in Finland, as it might be difficult to obtain color photographs with the proper specifications in Estonia

Visas to Finland: U.S. citizens coming to Finland on business or holiday and staying less than 90 days do not require Finnish visas. Each person, regardless of age, who carries a Russian or an Estonian alien passport will need a visa to enter Finland. If you experience any problems obtaining a Finnish visa for your adoptive child, please contact the nearest U.S. Embassy or the U.S. Embassy in Helsinki for assistance.

Scheduling an immigrant interview appointment with the consulate, you should call the Consular Section in Helsinki, Tel: 358-0-171-931/286.

How long one should stay in Finland: As each adoption case is an individual case, we cannot predict precisely how long you will need to stay in Finland. Please be assured that the consular section immigration unit will process each adoption case as expeditiously as possible consistent with U.S. immigration law.

FINNISH EMBASSY (and Consulates) IN THE UNITED STATES:
Embassy of Finland
3301 Massachusetts Ave., NW
Washington, DC 20008
Phone: 202-298-5800

Finland also has Consulates in New York, New York, and Los Angeles, California.

U.S. EMBASSY IN FINLAND:
U.S. Embassy Helsinki (immigrant visa processing)
Street Address Mailing Address
Itainen Puistotie 14A PSC 78, Box H
00140 Helsinki APO AE 09723
Phone: 358-9-171-931
Fax: 358-9-652-057

FEES: The total fee for an immigrant visa is $325 in U.S. currency, covering the application fee of $260.00 and the issuance fee of $65.00. You may pay the equivalent in local currency at the currency at the current Embassy consular exchange rate. The consulate also accepts traveler's checks. Please note that the Embassy cashier cannot accept personal checks.

The medical examination fee for a child under the age of 15 is approximately $120.00. The fee may be paid in Finnish marks or with a major credit card. The visa credit card is accepted by all of their physicians.

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 Finland may be addressed to the Consular Section of the U.S. Embassy or Consulate in Helsinki. 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, DC 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, 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.

© September 2001