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: There is less demand by Hungarian families for older children, or those of non-ethnic Hungarian background, is less by the Hungarian families. Generally these children are entered on the national register and available for adoption 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 Hungary and applying for an immigrant visa for the child to come to the United States. This process involves complex Hungarian 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 Budapest 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: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans: [For countries with significant numbers of cases.] Between 1996-1998, 50-60 IR-3's were issued to Hungarian orphans.

FY-1999: IR-3 immigrant visas issued to Hungarian orphans adopted abroad - 22
IR-4 immigrant visas issued to Hungarian orphans adopted in the U.S. - 0
FY-2000: IR-3 Visas - 24, IR-4 Visas - 0
FY-2001: IR-3 Visas - 6, IR-3 Visas - 0

HUNGARY ADOPTION AUTHORITY: The government office responsible for adoptions in Hungary is the National Child and Youth Protection Institute.

HUNGARIAN ADOPTION PROCEDURES: People who are interested in adopting child/ren in Hungary should send their requests to the adoption center, The National Institute for Social and Family Policy. Their address is: Tüzér utca 33-35, Budapest 1134, Tel: 3202-200, ext.118. Adoption requests can also be submitted through a Hungarian Consulate abroad. The Consulate is required to forward the request to the adoption center in Budapest.

Once a request for adoption is received, the adoption center has fifteen days to inform the adoptive parents regarding the conditions of adoption, and the documents required for registration on the national register. If the adoptive parents fail to present the required documents within sixty days, the adoption center considers the request to adopt abandoned.

Once the necessary documents are submitted, the adoption center will forward notification of registration to the adoptive parents. The documents are forwarded to the appropriate county Child and Youth Protection Institute (GYIVI) for processing. The county GYIVI will schedule an appointment for adoptive parents to meet the child.

Following the personal meeting, the GYIVI forwards all the documents with a recommendation to the Guardianship Office. This office has legal authority to adjudicate, approve, or deny all adoption requests. If the adoptive parents do not wish to adopt the child they met, the documents are returned to the adoption center in Budapest for further consideration. If parents are unable to adopt within two years, the entire registration process must be repeated.

Once the final adoption decree is issued, the child must be re-registered at the birth registry of his/her place of birth. When the new birth certificate is issued, the adoptive parents submit a passport application on behalf of the child/ren. The adoptive parents must be prepared to stay in Hungary during the adoption process, which may take 3-6 weeks, including the passport application. The Embassy is ready to process the orphan immigrant visa application of the child/ren on the same date when the orphan petition is filed.

AGE AND CIVIL STATUS REQUIREMENTS: Hungarian law does not specify an age limit for adoptive parents, still, it may require that one of the adoptive parents be under age 45. Law permits adoption by a single person, however, it may be denied based on the strongly held opinion that a child be raised in a family.

ADOPTION AGENCIES AND ATTORNEYS: The Embassy usually advises adoptive parents to seek the assistance of a U.S. adoption agency or a lawyer if no friends or relatives are available to help with the complex adoption process in Hungary.

DOCTORS: The U.S. Embassy (Consulate) maintains current lists of doctors and sources for medicines, should either you or your child experience health problems while in Hungary.

HUNGARIAN DOCUMENTARY REQUIREMENTS: The following documents are required to be on the national register:

· Home study performed by a U.S. licensed agency or a social worker
· Proof of income of adoptive parents
· Psychological evaluation of adoptive parents
· Advance approval of foreign state, i.e. official notification of I-600A approval
· Certificate of citizenship
· Statement of adoptive parents regarding motivation for adoption and expectation about the child
· Adoptive parents' statements consenting to their registration on the national register
· License of adoption agency, if applicable

All of the documents must be original or certified copies issued within the last year, and must be accompanied by Hungarian translations authenticated by Hungarian consular official's abroad or certified translators in Hungary.

U.S. IMMIGRATION REQUIREMENTS

A Hungarian 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 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 Hungary. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Hungary 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 Hungary .

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

FEES: Although there are no fees for the adoption itself, other expenses of obtaining documents and translations, and lawyer's fees, if any, can be high.

HUNGARIAN EMBASSY IN THE UNITED STATES:
Embassy of the Republic of Hungary
3910 Shoemaker St, N.W.
Washington, D.C. 20008
Tel: 202-966-7726
Fax: 202-686-6412

U.S. EMBASSY IN BUDAPEST:
U.S. Embassy of Budapest
Szabadság Tér 12
Budapest V, Hungary
1054

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 Hungary may be addressed to the Consular Section of the U.S. Embassy or Consulate in Budapest. 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