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.

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.

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GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Uzbekistan and applying for an immigrant visa for the child to come to the United States. This process involves complex Uzbeki 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 Tashkent 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:

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

UZBEKISTAN ADOPTION AUTHORITY: The government office responsible for adoptions in Uzbekistan is the Ministry of Education and the local Mayor's office.

UZBEKISTAN ADOPTION PROCEDURES: Prospective parents submit all documentation to the Guardianship and Trusteeship Organ of the Khokimiate of the region. The Organ passes the documents to the Khokim for approval. Based on the Khokim's approval, the local vital records office issues a certificate of adoption, as well as a new birth certificate with the adopted parents' names.

With the Khokim's permission and the vital record office, the administration for entry, exit, and citizenship issues a passport and exit permission to the child. This process takes at least a month.

AGE AND CIVIL STATUS REQUIREMENTS: With the new family code, parents of a country with a diplomatic representation in Uzbekistan are allowed to adopt. The age difference between the adoptive child and the prospective adoptive parents must not be less than 15 years apart. There is, however, an exemption for adoption cases by step- parents. Single parents may adopt as well.

RESIDENCY REQUIREMENTS: The only resident requirement is that the address of the adoptive parents should be on all papers, including the home study and a letter from the U.S. Embassy. Other than that, there is no residency requirement.

ADOPTION AGENCIES AND ATTORNEYS: Adoption agencies are not active in Uzbekistan because any official adoption organization or individual other than the Guardianship and Trusteeship Organ is not allowed.

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 Uzbekistan.

UZBEKISTAN DOCUMENTARY REQUIREMENTS: The following documents must be submitted by the prospective parents for an adoption:
· Prospective parents must submit an application with their full name, place of residence, date of marriage, whether they live together or are separated, if they have children, the age of each child, full name, age and gender of the child they want to adopt
· Identification
· Copy of the marriage certificate (and /or a divorce decree)
· Residence certificate indicating the number of family members
· Letter from the employer of a prospective parent, including information regarding salary
· Letter of recommendation (description of personality) issued by a parent's employer or at the place of residence
· Medical certificate from a doctor indicating that the prospective parents are healthy, do not have communicable diseases, and they don't abuse drugs or alcohol

* Note: All documents must be translated into Uzbek or Russian by an official translator and authenticated by the respective foreign mission*

AUTHENTICATION PROCESS: Either the Uzbekistan Mission in the U.S., or the U.S. Embassy in Tashkent should certify all documents issued in the U.S. The consular section in Uzbekistan can authenticate the documents if the State Department's Certification Division has certified them

U.S. IMMIGRATION REQUIREMENTS

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

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

UZBEKISTAN EMBASSY IN THE UNITED STATES:
Embassy of the Republic of Uzbekistan
1746 Massachusetts Ave., NW
Washington, DC 20036
Phone: 202-887-5300
Fax: 202-293-6804

AMERICAN EMBASSY TASHKENT:
U.S. Embassy of Tashkent
82 Chilanzarskaya St.
Tashkent, Uzbekistan 70000
Phone: (998)(71) 120-5450
Fax: (998)(71) 120- 6335

FEES: Small official fees are charged for the submission and processing of the adoption application and corresponding documents.

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 Uzbekistan may be addressed to the Consular Section of the U.S. Embassy or Consulate in Tashkent. 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.

© July 2001