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: The number of children available for adoption in France is small, and French couples who wish to adopt them are given priority over persons of other nationalities. Since it is almost impossible for an American couple not present in France to locate a child for adoption, the Embassy refers American citizens to the International Social Service, American Branch, 95 Madison Avenue, New York, N.Y. 10016 (Tel: (212) 532-5858). This organization attempts to stay informed about the availability of children for adoption in a number of countries, and would more likely be aware of availability of children than any single French organization.

French nationals and foreigners residing in France wishing to adopt a foreign child must work this out with the Ministry of Foreign Affairs (Mission de l'Adoption Internationale). Americans residing in France who travel to pick up a child adopted abroad (Mostly Russian children) should be informed that they need a French visa to bring the child to France and, once in France, a US visa. A number of Americans have been stranded at the airport with children in the process of being adopted because they did not have the appropriate visas.

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 France and applying for an immigrant visa for the child to come to the United States. This process involves complex French 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 France before formalizing an adoption agreement. This ensures that appropriate procedures have been followed making it possible for the Embassy to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: U.S. immigrant visa statistics in Paris, France reflect the following pattern for visa issuance to French orphans:

FY-1997: IR-3 immigrant visas issued to French orphans adopted abroad - 1
IR-4 immigrant visas issued to French orphans adopted in the U.S. - 0
FY-1998: IR-3 Visas - 1, IR-4 Visas - 0
FY-1999: IR-3 Visas - 0, IR-4 Visas - 0
FY-2000: IR-3 Visas - 2, IR-4 Visas - 0

A child adopted by American couple in France must obtain an immigrant visa before he/she can proceed to the United States for permanent residence.

For specific information on t he U.S. immigrant visa process, write to Immigrant Visa Unit, Office of Visa Services, 2 rue Saint Florentine, 75382 Paris cedex 08 or call in person Mondays or Fridays between 9:00 am and Noon.

FRANCE ADOPTION AUTHORITY: Adoption in France must be effected in accordance with French law. The prospective parents will find it necessary to have an attorney in France to prepare adoption papers. The government office responsible for adoptions in France is the "Direction de l'Action Sociale, de l'Enfance et de la Santé," and each French department (local jurisdiction roughly equivalent to a U.S. state) has it's own office and specific address, but if you reside in Paris, you must write, preferably in French, for information to the: Direction de l'Action Sociale, de l'Enfance et de la Santé, Sous-Direction des Actions Familiales et Educatives, Bureau des Adoptions, 94-96 Quai de la Rapée, 75570 Paris Cedex 12, tel.: 01-43-47-75-42.

ADOPTION PROCEDURES: The above "Bureau des Adoption" will call you in for a meeting.

AGE AND CIVIL STATUS: A couple can adopt if they have been married for a minimum of two years or if both spouses are at least 28 years old. There is no age limitation if one of the spouses wants to adopt the other spouse's child. There is no maximum limit. A single person can technically adopt provided he/she is at least 28 years old (In practice, it is very difficult to get approval, however). Adopting parents must be at least 15 years older than the child they want to adopt (10 years in the case of the other spouse's child). The court ruling on the adoption can modify this requirement if there are some serious considerations.

ADOPTION AGENCIES AND ATTORNEY'S: The U.S. Embassy maintains a list of numerous attorneys practicing in France, as well as, adoption agencies.

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

U.S. IMMIGRATION REQUIREMENTS

A French 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 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 Paris, France. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Paris, France 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 Paris, France .

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

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 France may be addressed to the Consular Section of the U.S. Embassy in Paris, France, Tel: (33) 1 -43-12-22-22. 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 2001