International Adoption - Hong Kong
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.
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PLEASE NOTE:
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.
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 Hong Kong orphans adopted abroad - 15
IR-4 immigrant visas issued to Hong Kong orphans adopted in the U.S. - 23
FY-1997: IR-3 Visas - 17, IR-4 Visas - 11
FY-1998: IR-3 Visas - 12, IR-4 Visas - 29
FY-1999: IR-3 Visas - 4, IR-4 Visas - 10
FY-2000: IR-3 Visas - 5, IR-4 Visas - 9
Under Hong Kong law, children between six months and 18 years of age can be adopted. Hong Kong Social Welfare Department (SWD) statistics on adoptions indicate that the Social Welfare Department handled foreign 246 adoption applications in 2000/2001. Same statistics also reflect that most children available for adoption are five years old and below, and some of them have health problems or are disabled.
HONG KONG ADOPTION AUTHORITY: The government office responsible for adoptions in Hong Kong is the Adoption Unit, Social Welfare Department, 38 Pier Road, Harbor Building 4/F., Central, Hong Kong (tel: (852) 2852-3107, fax: (852) 2851-9189, e-mail: grau@swd.gov.hk , web site: http://www.info.gov.hk/swd
HONG KONG ADOPTION PROCEDURES: The adoption process in Hong Kong begins with the prospective adoptive parents in Hong Kong submitting an application to the Director of the Social Welfare Department. The Social Welfare Department then compiles a "home study" and requires a medical examination of the couple. If, based on the findings of the home study, the application is approved, the Social Welfare Department attempts to match the couple with a child. If a match is made, the Department gives written consent to release the child into the applicants' home for a period of at least six months. An adoption worker will make periodic visits to the applicants' home to determine whether adoption by the applicants would be in the best interests of the child. Meanwhile, the applicants submit the required applications to the Director of Social Welfare Department and to the Hong Kong District Court for an Adoption Order. Upon receipt of the recommendation from the Director of the Social Welfare Department, the District Court sets a hearing date for the adoption to take place.
As an alternative U.S. citizens in the United States may apply to bring a Hong Kong child to the United States for adoption through the International Social Service (ISS) in Hong Kong under the Intercountry Adoption Program. ISS works closely with Hong Kong's Social Welfare Department in placing children overseas. ISS has an office in the United States at 700 Light Street, Baltimore, Maryland 21230 (tel: 410-230-2734, fax: 410-230-2741). ISS Baltimore may be able to provide general information on adoptions. For specific information about Hong Kong adoption procedures, write to International Social Service Hong Kong Branch Office :
International Social Service Hong Kong Branch
6/F., Southorn Center
130 Hennessy Road
Wanchai, Hong Kong
(tel: (852) 2834-6863, fax: (852) 2834-7627)
(e-mail: isshkbr@netvigator.com)
Once an U.S. family applies to adopt a Hong Kong child, ISS requests an approved U.S. social agency to perform a background check on the prospective adoptive parents. ISS will try to match an available child on the waiting list and will send the application to the Hong Kong Social Welfare Department for approval of the matching. ISS will forward to the U.S. citizens a comprehensive Child Study Report for their consideration. Once the Social Welfare Department approves the matching, the Department will apply to the Hong Kong court for a Consent of Adoption. With the Consent of Adoption, ISS will help prepare all the required documentation for the issuance of the child's visa and traveling to the United States. If necessary, ISS may arrange for the child to be escorted to the United States.
AGE AND CIVIL STATUS REQUIREMENTS: Married couples who are at least 25 years old, are in good physical and mental health and have adequate resources to parent an adopted child are more likely to succeed in adoption applications. Preferred married couples are those who have been married for at least three years (five years if it is the second marriage for either parent), and can provide the child a stable home. Persons over age 45 are considered for adopting a child if they are willing to accept older children or children with special needs. Children with special needs are those who have health problems, mental or physical disabilities, or complicated family background. According to ISS, single parents over 25 years old are not preferred unless they have special parental skills, adequate financial ability and support from other family members. Single parents over age 25 who are not preferred can still apply for adoption. However it may be easier for a non-preferred single parent to adopt a child with 'special needs'. Applicants must be reasonably educated in order to provide the necessary guidance to the child, and must have no criminal record. Ethnic Chinese stand a better chance than non-Chinese of adopting a Hong Kong child. However, non-Chinese have a good chance of being able to adopt a child if they are willing to consider an older child or adopting a child with special needs.
RESIDENTIAL REQUIREMENTS: Applicants should be residents in Hong Kong or should offer assurance that they will be in Hong Kong long enough for the adopted child to settle down satisfactorily and for the adoption processing to be completed. This would require a stay of up to 12 months or more in Hong Kong. There is no residential requirement in intercountry adoption cases.
DOCTORS: The U.S. Consulate General in Hong Kong maintains current lists of doctors and hospitals, should either you or your child experience health problems while in Hong Kong.
HONG KONG DOCUMENTARY REQUIREMENTS: Interested persons must submit the following documents in support of their application for adoption in Hong Kong:
- Copy of U.S. passport,
- Copy of marriage certificate or evidence of termination of previous marriage,
- Proof of income,
- Copies of school credentials,
- Evidence of prior adoptions, if any,
- Satisfactory home study report and medical examination reports of the adopting parents. (These documents are not required by Hong Kong to be authenticated. The agencies in the U. S. engaging in adoptions submit notarized home study and physical exam reports in adoption cases.)
U.S. IMMIGRATION REQUIREMENTS
A Hong Kong 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 Hong Kong. U.S. citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Hong Kong 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 website at http://www.uscis.gov/portal/site/uscis.
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 Hong Kong .
Detailed information about filing these forms can be found on INS's website at http://www.ins.usdoj.gov . U.S. who have adopted or hope to adopt a child from Hong Kong should request, at the time they file these forms, that INS notify the U.S. Embassy in Hong Kong 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.
IMMIGRATION REQUIREMENTS: In order to meet the requirements for an U.S. visa, children adopted through the inter-country adoption process must meet the definition of orphan under the U.S. Immigration and Nationality Act of 1952, as amended. For further information, contact the U.S. Immigration and Naturalization Service nearest you early in the process, before a child is identified.
VISA INFORMATION & WHAT TO EXPECT: Hong Kong, a Special Administrative Region of the People's Republic of China, is a modern city where English is commonly spoken. A visa is not required for tourist visits by U.S. citizens of up to 90 days. An extension of stay may be granted upon application to the Hong Kong Immigration Department. U.S. citizens must have passports with at least four months validity for entry into Hong Kong. For the most current information concerning entry and exit requirements, travelers should consult the Hong Kong Immigration Department, Immigration Tower, 7 Gloucester Road, Wanchai, Hong Kong, tel: (852) 2829-3001, fax: (852) 2824-1133, Internet home page: http://www.immd.gov.hk/index.html , or the Embassy of the People's Republic of China, 2300 Connecticut Ave., NW., Washington DC 20008, tel: (202) 328-2500, or the Chinese Consulates General in Los Angeles, San Francisco, Chicago, New York City, and Houston.
CHINESE EMBASSY AND CONSULATES IN THE UNITED STATES: The Embassy of the People's Republic of China is located at 2300 Connecticut Ave., NW, Washington DC 20008, tel: (202) 328-2500, fax: (202) 588-0032, e-mail: webmaster@china-embassy.org.
The People's Republic of China also has Consulates in San Francisco, Los Angeles, Houston, New York City, and Chicago.
U. S. CONSULATE GENERAL IN HONG KONG: The U.S. Consulate General is located at 26 Garden Road, Central, and Hong Kong. The mailing address from the U.S. is PSC 461, Box 5, FPO AP 96521-0006; tel: (852) 2841-2211, fax (852) 2845-4845, e-mail: acshnk@netvigator.com.
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 Hong Kong may be addressed to the Consular Section of the U.S. Consulate General in Hong Kong. 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: 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
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