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: 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.

Immigrant visas for children adopted in Kazakhstan are processed at the U.S. Embassy in Moscow. Please contact the U.S. Embassy in Moscow or view International Adoption Information for Russia for information about the immigrant visa process.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Kazakhstan and applying for an immigrant visa in Moscow for the child to come to the United States. This process involves complex Kazakhstani 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 Kazakhstan 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-1997 IR-3 immigrant visas issued to Kazakhstan orphans adopted abroad - 23
IR-4 immigrant visas issued to Kazakhstan orphans adopted in the U.S. - 3
FY-1998: IR -3 visas - 44, IR-4 visas - 10
FY 1999: IR-3 visas - 110, IR-4 visas - 3
FY-2000: IR-3 visas - 394, IR-4 visas - 4
FY-2001: IR-3 visas - 641, IR-4 visas - 16

KAZAKHSTAN ADOPTION AUTHORITY: Ministry of Education Committee on Guardianship and Care

AGE AND CIVIL STATUS REQUIREMENTS: There is no age nor marital status requirement stated in Kazakhstan regulations at this time, except that an unmarried prospective parent must be at least 16 years older than the child s/he intends to adopt.

RESIDENTIAL REQUIREMENTS: The parents must be with the child for a minimum of two weeks in Kazakhstan prior to the adoption. There is no residency requirement after the adoption, however, Kazakhstani law provides for a 10-day waiting period before the adoption is final. The post-adoption birth certificate and Kazakhstani passport cannot be obtained until the adoption is final.

ADOPTION AGENCIES AND ATTORNEYS: All agencies must be registered with the Ministry of Education.

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 Kazakhstan.

KAZAKHSTAN ADOPTION PROCEDURES: U.S. citizens hoping to adopt a Kazakhstani child begin the process in the U.S. (see below). Once prospective adoptive parents are cleared for adoption in their home state, and have completed processing with the Immigration and Naturalization Service (INS form I-600A), the next step is to select a child and to plan a visit to Kazakhstan. In advance of visiting Kazakhstan, prospective adoptive parents must register with the Ministry of Foreign Affairs (MFA) to indicate their intention to adopt a Kazakhstani orphan. An adoption agent normally assists with the registration process by submitting the file of documents to the Kazakhstani Embassy in the U.S. These documents must be notarized, have an apostille, and be translated in Russian. The Kazakhstani Embassy then transfers the file to the MFA in Astana for processing (approximately two to three weeks), and sends it to the Ministry of Education which forwards the file to the Guardianship Body in the town where the parents wish to adopt. The Guardianship Body will then issue a letter (which is used to apply for a Kazakhstani visa) inviting the parents to travel to Kazakhstan to apply for adoption. The Guardianship Body does not, match a child to the parents or in anyway "assign" a child to adoptive parents until the parents arrive in Kazakhstan, select a child in person, and apply to the court to adopt the child.

The adoption process in Kazakhstan requires several weeks. Typically, the time is spent identifying the child, visiting the child for a minimum of two weeks, petitioning the court for adoption, waiting for a court hearing, and completing post-adoption paperwork (new birth certificate, Kazakhstani passport, Kazakhstani exit visa) at various government offices. Kazakhstani law requires that prospective parents be present in Kazakhstan. Some courts interpret this law to allow foreign adoptions when only one prospective parent travels to Kazakhstan, but this practice is not uniform nationwide.

Before formally submitting an adoption application, Kazakhstani law requires that prospective parents have a minimum two weeks of personal contact with the orphan whom they hope to adopt. This means that prospective parents must stay in the town where the orphan is living and visit the orphan on a regular basis during the two-week period. Kazakhstani law requires that orphans be registered with the Ministry of Education Committee of Guardianship and Care for at least three months before they are eligible for adoption. Once all legal requirements are fulfilled, prospective parents may submit their adoption application to the civil court that will decide whether to grant the adoption.

The adoption application to the Kazakhstani court should include (but is not limited to):

a.) A formal application to the guardianship entity where the child to be adopted currently resides. The application should contain the full name and address of the prospective parent(s) and indicate the child they intend to adopt;

b.)Written commitment of the prospective parent(s) to allow visitation of the adopted child by Kazakhstani authorities post-adoption;

c.) Copies of the parent(s)' passports or other identification documents;

d.) Copy of the parent(s)' marriage certificate (if applicable);

e.) Documents certifying financial means (annual tax returns, employer's statement showing the annual salary/income);

f.) Prospective parent(s)' medical examination report issued by a medical entity;

g.) Home study report prepared by a competent authority of the prospective adoptive parents' country. Family photographs must be attached to the report;

h.) Approval from the adoptive parents' country of residence allowing the child to enter and permanently reside there (for the U.S. citizens this consists of proof of the approved I-600A).

After the court makes its decision there is a 10-day waiting period before the decision is final. In some cases the judge can waive this waiting period. However, Americans should anticipate waiting these additional days. After the court's decision is finalized, parents may apply for the child's new Kazakhstani birth certificate and passport. In addition to the passport, the child will need a permanent exit visa from the local Office of Visas and Registration (OVIR) office where the child resides. Due to processing time for the birth certificate, passport, and exit stamp (all of which must occur consecutively), parents should allocate at least 3-5 days after the adoption is final for processing the I-604 Investigation with the U.S. Embassy in Almaty.

AUTHENTICATIONS: All U.S. documents submitted to the Kazakhstani government/court must be authenticated. Kazakhstan is a party to the Hague Legalization Convention. Generally, U.S. civil records, such as birth, death, and marriage certificates, must bear the seal of the issuing office and an apostille must be affixed by the state's Secretary of State. Tax returns, medical reports and police clearances should likewise be authenticated. Prospective adoptive parents should contact the Secretary of State of their home state for instructions and fees for authenticating documents. Documents issued by a federal court must be authenticated by a clerk or deputy clerk of the federal court system.

Documents issued by a federal agency must be authenticated by the U.S. Department of State Authentications Office. Their address is Authentications Office, Department of State, 518 23rd St., N.W., Washington, D.C. 20520, (202) 647-5002 Fee: $5.00. For additional information, call the Federal Information Center: 1-800-688-9889, and choose option 6 after you press 1 for touch tone phones. Walk-in service is available from the Authentications Office from 8 a.m. to 12 noon Monday-Friday, except holidays. Walk-in service is limited to 15 documents per person per day (documents can be multiple pages). Processing time for authentication requests sent by mail is 5 working days or less.

All English language documents must be submitted to the Kazakhstani government/court accompanied by a certified Russian translation.

U.S. IMMIGRATION REQUIREMENTS

A Kazakhstani child adopted by a U.S. citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. The child must be an orphan, as defined by U.S. immigration regulations. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by a U.S. Citizen. The Department of State encourages U.S. citizens to verify that 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 is described below and can also be found on the INS web site at http://www.ins.usdoj.gov .

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 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;

The child has no parents because of the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents; or

The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption.

The adopting parent(s) must meet the following INS requirements in order to file the I-600 petition for the immigrant visa for an adopted child:

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 adoptive or prospective adoptive parent must be a U.S. citizen.

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 in the United States. 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 Moscow.

Detailed information about filing these forms can be found on INS's web site at http://www.ins.usdoj.gov. U.S. citizens who have adopted or hope to adopt a child from Kazakhstan should request, at the time they file these forms, that INS notify the U.S. Embassy in Russia as soon as the form is approved. Upon receipt of such notification, the Embassy in Moscow 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.

PROCESSING THE I-604 REPORT OF ORPHAN INVESTIGATION AT U.S. EMBASSY ALMATY:

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 and provides the I-604 at the U.S. Embassy in Almaty, Kazakhstan prior to the immigration visa interview in Moscow.

While a visit to the U.S. Embassy in Almaty is not necessary to complete the Kazakhstani legal process to approve an adoption, it is necessary to visit the U.S. Embassy after the adoption to complete processing of the required I-604, which is needed for the U.S. immigrant visa. American parents (or their attorney) together with the newly adopted child are required to pass through Almaty to meet with a U.S. Embassy consular officer. The consular officer in Almaty must complete a mandatory I-604 Report of Orphan Investigation. Please note that the consular officer in Moscow cannot complete the I-604 investigation. The I-604 investigation is designed to verify the child's status as an orphan and reduce the possibility of adoption fraud. Note that the U.S. Embassy in the country of adoption must complete the I-604 for adoptions completed outside of Russia.

Due to the rapidly increasing number of adoptions and limited staff resources at the Embassy in Almaty, all adoptive parents (or their adoption coordinators) must schedule an appointment for their I-604 processing. Appointments are scheduled on a first-come, first-served basis with a limited number per day. Failure to give sufficient notice may unnecessarily delay I-604 processing which, in turn, will delay immigrant visa processing in Moscow.

Upon completion of the Kazakhstani adoption court decision, parents should be in possession of the following documents that are required by the U.S. Embassy in Almaty for issuance of the I-604 Report of Orphan Investigation.
To determine the age and identity of the child:

1. The original or an official copy of the child's original birth certificate (showing biological parents). "Official" means a copy of the known authentic original birth certificate with a city official's seal certifying its authenticity. The local Office of Registration of Acts of Citizenship and Marriage (the Russian abbreviation is ZAGS) can execute the official copy.

2. The original new Kazakhstani birth certificate for the child(showing adoptive parents).

3. The child's Kazakhstani passport.

To determine that that child has been legally adopted in Kazakhstan:

4. The original adoption approval decree from a local or regional civil court. This court decision must bear original signatures and court seals.

5. The original adoption certificate showing that the child was adopted by American parents and now bears their family name.

To determine that the child is an orphan as defined by U.S. immigration law:

6. The original certificate or letter signed by the sole or surviving biological parent irrevocably and unconditionally relinquishing all parental rights to the child. If the Court or the Ministry of Education holds the original certificate, the U.S. Embassy will accept a copy with the seal of the court or the Ministry of Education (whichever one holds the original).

7. If the father's name appears on the birth certificate, but the child was registered by the mother only, you are required to provide the Certification (Spravka) from ZAGS saying that the father's name was written according to the mother's words.

8. If no parental relinquishment letter exists (No. 6), an original written explanation from the maternity hospital or local police station describing how and when the child was abandoned and a certification from the police or the Address Bureau that the mother could not be located is required. If the hospital statement or other document provides an address for the mother, there must also be a statement from the adoption agency representative indicating that s/he has visited the address and the mother is not residing there.

9. An original letter from the organization or person last having custody of the child granting permission for the adoption. This letter should also provide information as to whether the biological parents or relatives have ever tried to contact the child.

10. If parental rights were taken away by means of court decree, the original or an official copy of that decree/certificate must be submitted.

11. If either parent is deceased, the original or an official copy of the death certificate and a cause of death should be included.

To determine the health history of the child:

12. A copy of the child's medical records from the orphanage or maternity hospital that cared for the child.

Should you experience problems acquiring any of these documents, please contact the Consular Section prior to the appointment to discuss the problem. Coordinators or parents must bring originals and one copy of the following documents and their English translations to the U.S. Embassy Almaty Consular Section at least 24 hours prior to the I-604 interview appointment.

PROCESSING THE U.S. IMMIGRANT VISA AT U.S. EMBASSY MOSCOW: A visit to the U.S. Embassy in Moscow is mandatory for the child's medical examination and immigrant visa interview. Moscow is the processing center for all immigrant visas for the entire former Soviet Union (except those from Ukraine, Belarus, Latvia, Lithuania, Estonia and Moldova). Please contact the U.S. Embassy in Moscow directly or view information on International Adoptions in Russia for more information on the U.S. immigrant visa process.

If one or both of the adoptive parents are not traveling with the child to Moscow, they should be certain to consult with Embassy Moscow prior to their travel regarding special processing requirements.

YOUR VISIT TO KAZAKHSTAN: In addition to a valid Kazakhstani visa (obtainable from the Kazakhstani Embassy in Washington, DC), travelers are required to register with the local Office of Visas and Registration (OVIR) in the city of their point of entry or the first city in which they are visiting if their stay in that city is three days or longer and each subsequent city if the stay is longer than three days. The fee for registration is nominal (currently 20 U.S. dollars but subject to change) and requires the traveler's passport. Visa registration is usually handled by the local legal counsel facilitating the adoption case. Travelers should also have written proof that they have passed an HIV test within one month prior to their arrival in Kazakhstan. The HIV test can be conducted locally, but it is advisable to have the test conducted prior to arriving in Kazakhstan.

U.S. adoptive parents will also need a visa to travel to Russia in order to apply for an immigrant visa for their child. Please check with the Russian Embassy about visa requirements and application. A Kazakhstani passport holder such as the newly adopted Kazakhstani child does not need a visa to visit Russia, but may need a visa to travel through other countries.

Prospective parents should anticipate delays due to Kazakhstani bureaucratic and administrative processing. Flight delays are also a common problem.

NATURALIZATION: The Child Citizenship Act of 2000 allows for the automatic acquisition of U.S. citizenship for foreign adopted children of U.S. citizens. If a foreign - born child was adopted abroad and entered the United States on an Immediate Relative (IR) -3 visa, the child automatically becomes a U.S. citizen. If a foreign-born child enters the United States on an IR-4 visa and is adopted in a U.S. court, the child will become a U.S. citizen when the adoption is finalized. (The child will be a legal permanent resident until then.)

WHAT SHOULD I BRING TO KAZAKHSTAN?

U.S. citizens intending to adopt are encouraged to bring all original paperwork regarding the adoption. Documents include: Originals and copies of both parents' U.S. passports, marriage certificate, divorce certificates (if applicable), and birth certificates. Parents should also consider bringing: Proof of the approved I-600 petition that the INS forwards to the immigrant visa section of the U.S. Embassy in Moscow; health certificates; documentation supporting a completed home study, and copies of parents' last three income tax returns. The home study, particularly if translated into Russian, can help ease concerns of local officials. Some parents have brought photo albums (and maps) of their hometown, friends and neighbors to show to the children and/or orphanage directors to help reassure local officials about the children's new homes in America; these materials are helpful but not required. Russian translations of these documents may also be helpful.

Parents may also want to bring clothing, medicine (many children have mild skin rashes), toys, diapers and food for the adopted children. Since most orphaned children are not accustomed to riding in vehicles, parents may want to be prepared for dealing with motion sickness. Supplies of all these items are severely limited in local markets. On a lighter note, parents should bring plenty of reading material to help pass the time.

CONTACT INFORMATION FOR EMBASSIES:

KAZAKHSTAN EMBASSY IN THE UNITED STATES:
Embassy of the Republic of Kazakhstan
1401 16th Street, NW
Washington, DC 20036
Tel: 202-232-5488
Fax: 202-232-5845
http://www.Kazakhstaniembus.com
Email:

RUSSIAN EMBASSY IN THE UNITED STATES:
Embassy of the Russian Federation
Consular Division
1825 Phelps Place, N.W.
Washington, D.C. 20008
Tel: 202-939-8913
Fax: 202-483-7579

U.S. EMBASSY IN KAZAKHSTAN:
US Embassy in Almaty, Kazakhstan
ATTN: Consular Section, Adoptions
Embassy of the United States of America
99/97A Furmanova Street
Almaty, Kazakhstan 480001
Tel: 7-3272-63-39-21 or 7-3272-63-24-26
Fax: 7-3272-50-62-69
http:// www.usembassy-Kazakhstan.freenet.kz
E-Mail:

U.S. EMBASSY IN MOSCOW:
U.S. Embassy in Moscow, Russia
#19/23 Novinsky Blvd.
Moscow, Russia 123242
Tel: 7-095-728-5567 or 728-5058
Fax: 7-095-728-5247
E-Mail:

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 Kazakhstan may be addressed to the Consular Section of the U.S. Embassy in Kazakhstan. You may also contact the Office of Children's Issues, U.S. Department of State, CA/OCS/CI, SA-22, Room 2100, 2201 C Street, N.W. Washington, D.C. 20520-4818, Tel: 1-888-407-4747 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, 1-888-407-4747- 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 - The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets (CISes) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CIS for that country, the State Department may issue a Public Announcement alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at http://travel.state.gov or by calling the State Department's Office of Overseas Citizen 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.