International Adoption - Russia

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: Please plan to stay a minimum of three business days in Moscow to obtain documents and complete the medical exams necessary for the immigrant visa interview. Parents should calculate a five-day "cushion time" in the validity dates they request when applying for a Russian visa. For parents adopting in a third country and travelling to Moscow to obtain Immigrant Visas for their children, we strongly recommend obtaining a full-validity Russian visa rather than transit visa for this purpose. Transit visas are only issued for duration of one or two days and are impossible to extend in most cases. We also recommend that flight arrangements for departing Russia not be finalized until the immigrant visa is issued.

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 Russia and some of the former Soviet Republics (Kazakhstan, Armenia, Azerbaijan, Georgia) and applying for an immigrant visa for the child to come to the United States. This process involves complex foreign 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 Russia (Kazakhstan, Armenia, Azerbaijan, Georgia) 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-1999: IR-3 immigrant visas issued to Russian orphans adopted abroad - 4442
IR-4 immigrant visas issued to Russian orphans adopted in the U.S. - 28
FY-2000: IR-3 Visas - 4655, IR-4 Visas - 22

RUSSIAN ADOPTION AUTHORITY: The government office responsible for adoptions in Russia is the Ministry of Education of the Russian Federation.

Ministry of Education
#6 Chistoprudny Blvd.
Moscow
Tel: 7-095-923-1246 (Russian only)
7-095-924-7112 (Russian only)
Web-site: www. informika.ru

ADOPTION PROCEDURES: Parents first apply to a regional Ministry of Education that directs them to an orphanage. There they select a child and apply to the court to get a court date. After the court hearing, they obtain the adoption certificate and a new birth certificate from the ZAGS (civil registration office), then obtain the passport for the child from the OVIR (visa and registration department). Then they contact the Embassy to make an appointment to apply for the immigrant visa.

AGE AND CIVIL STATUS REQUIREMENTS: According to Russian requirements, single parents can adopt but there has to be at least 16 years difference between the parent and adoptive child. According to U.S. requirements, the child must be under the age of sixteen at the time a petition is filed on his behalf. He/she must be an orphan, which is caused by death, disappearance, abandonment, the desertion by separation, or loss of both parents. In addition, an orphan is a child for whom the sole or surviving parent is incapable of providing the proper care. For all of these cases, the biological parents, in writing, have irrevocably released the child for emigration and adoption. The child should be adopted abroad by a US citizen and spouse jointly, or by an unmarried US citizen at least 25 years old, who personally saw and observed the child prior to or during the adoption proceedings, or is coming to the US for adoption. The U.S. citizen must comply with the pre-adoption requirements, if any, of the child's proposed residence.

A recent amendment to the INA provides for the immigration of an orphan who is under the age of eighteen at the time the petition is filed, provided that the child is the natural sibling of an orphan under the age sixteen, who is being or was adopted by the same petitioner(s).

According to the Russian Law, to become available for adoption by foreign citizens, the child must have been registered in the state database for children left without parental care for not less than six months.

ADOPTION AGENCIES AND ATTORNEYS: The following is a list of adoption agencies that only the Ministry of Education of the Russian Federation will work with, as of June 1, 2001:

Commonwealth Adoption International, Inc.
Cradle of Hope Adoption Center, Inc.
Frank Adoption Center, North Carolina
International Assistance Group
Adopt-a-Child, Inc.
Children's Hope International
ABC Adoption Services, Inc.
Adoption Alliance

Family and Children's Agency, Inc.
Life Adoption Services, Inc.
Small World Adoption Foundation, Inc.
World Association for Children and Parents (WACAP)
ACCEPT - An Adoption and Counseling Center
Adoptions Together, Inc.
European Adoption Consultants, Inc. (EAC)
Los Ninos International Adoption Center
Maine Adoption Placement Service (MAPS)
The Gladney Center
Adoption Services Associates
Alaska International Adoption Agency
Beacon House Adoption Services, Inc.
Catholic Social Services of the Diocese of Charlotte, North Carolina
Children's Home Society of Minnesota
Christian World Adoption
Creative Adoption, Inc.
Dove Adoptions International, Inc.
Home studies and Adoption Placement Services, Inc.
Nightlight Christian Adoptions
The World Child International Corporation
Adoption Associates, Inc.
Gift of Life Adoption Services, Inc.
Families Through International Adoption
Florence Crittenton League
Lutheran Social Services of Wisconsin and Upper Michigan, Inc.
Orphans Overseas
The Open Door Adoption Agency, Inc.
The Adoption Resource Center, Inc.
Wide Horizons for Children, Inc.
Adoption Center of Washington
Alliance for Children, Inc.
Children of the World Adoption
Crossroads Adoption Services
Global Adoption Services, Inc.
Hand in Hand
International Christian Adoptions, Inc.
Lutheran Social Services of the South, Inc.
Madison Adoption Associates
New Hope Christian Services
Wyoming Children's Society

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 Russia.

AO "Meditsina"
#10 2nd Tverskoi-Yamskoi pereulok
Office 420
Moscow
Tel: 7-095-250-9186
7-095-250-8899

Diavaks (vaccinations only)
#7 Bolshoi Nikolovorobinsky per.
Moscow
Metro: Chistye Prudy
Tel: 7-095-923-4818

Filatov Clinic
#15, Sadovo-Kudrinskaya
Moscow
Tel: 7-095-423-7780,
7-902-671-2964
E-mail: drsevps@online.ru (for adoption questions only)

International Organization for Migration (IOM)
#12, 2nd Zvenigorodskaya
1st entrance
Moscow
Metro: "Ulitsa 1905 goda"
Tel: 7-095-797-8723

Those residing in Vladivostok consular disctrict (Sakhalin, Kamchatka, Magadan region, Khabarovsk region, Amur region, Vladivostok, and Irkutsk region) may obtain medical reports at: #35, Okeansky prospect,
Vladivostok 690090
Children hospital #1
Dr. Luchaninova V.N.
Tel: 7-4232-25-9335
7-4232-25-2426

DOCUMENTARY REQUIREMENTS:

List of documents required for an adoption related visa:

Both adoptive parents' passports with a photocopy of the information page of each passport.
Power of Attorney and /or any affidavits from the non-travelling parent, if applicable. If one parent is not present, the remaining parent should provide photographic proof that he/ she has met the child and a statement consenting to the adoption.
The child's original birth certificate, i.e. the one with the birth parents listed, certified by ZAGS.

Information on the resolution of the birth parents' rights: death certificates, certificates certifying that the listed parents were not legally registered, letters of relinquishment, court decrees removing parental rights, etc. If the child was a foundling and /or the orphanage has been unable to locate the child's parents, there should be certified copies of any official documents such as records of the orphanage's attempts to track the parents.
The adoption decree issued by the local court.
The letter from the Ministry of Education which indicates that the child has spent the required amount of time on the Federal Data Bank and has been released for adoption by foreigners.
The letter from each orphanage or hospital that the child has been in. This letter should include the dates of the child's stay in the institution, any information as to whether the child was visited and a statement of no objection to the adoption by the orphanage.

The adoption certificate.
The amended birth certificate, i.e. the one that indicates the names of the American adoptive parents.
The child's passport and a photocopy of the information page.
The medical form in a sealed envelope from the clinic.
Form I-600 (the "blue" form) completed, signed, and dated by both parents.
Form DS-230 (the "white" form) - Application for Immigrant Visa. This form should be completed from the perspective of the adopted child. Please do not sign this form until asked to do so.
Form I-604 (investigation form). This form should be completed by parents and must contain information about the child before adoption.
I-864 - Affidavit of Support (only required if one of the parents was not present at the court hearing or if parents reside outside the US), photocopies of last 3 year's tax returns and proof of current employment. The tax returns do not have to be notarized, but you have to provide complete sets (all the schedules and forms you submit to the IRS). If you are adopting more than one child, you must submit a separate I-864 and set of financial documents for each child.

Each official Russian document must be presented at the embassy, as a part of the immigrant visa application must be translated into English. Each document in a language other than Russian or English (Armenian, Georgian, etc.) must be translated into English by the translation office and notarized by a notary public. Each official Russian document must be presented in the following way: the original document or a copy certified by the custodian of the document and an English translation, one photocopy of the original and a second translation.

The copies and translations will become part of the child's immigrant visa. All originals, which are presented at the Embassy, will be returned to the parents immediately following the interview with the Consular officer.

We are unable to begin processing your case until your file is complete. To ensure that we are able to help you process the visa for your adopted child as quickly as possible, please be sure that your documents are well organized and that forms DS-230 and I-600 are completed prior to your arrival at the Embassy.

U.S. IMMIGRATION REQUIREMENTS

A Russian 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. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Moscow. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Moscow 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.
1A child adopted at age 16 or 17 will also qualify, provided he or she was adopted together with a natural sibling who was under age 16.

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 Moscow.

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 Russia should request, at the time they file these forms, that INS notify the U.S. Embassy in Moscow 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. This investigation is performed by a consular officer at the time of the child's immigrant visa interview.

RUSSIAN EMBASSY IN THE UNITED STATES:

Embassy of the Russian Federation
Consular Division
1825 Phelps Place, NW
Washington D.C., 20008
Tel: 202-939-8913
202-939-8907
Fax: 202-483-7579
202-483-8909

Russia also has Consulates in New York, San Francisco and Seattle.

U.S. EMBASSY IN RUSSIA:
U.S. Embassy of Russia
#19/23 Novinsky Blvd.,
Moscow, Russia 123242
Tel: 728-5000 switchboard
728-5567 (orphan visas)
728-5058 (orphan visas)
Fax: 728-5247

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 Russia may be addressed to the Consular Section of the U.S. Embassy in Moscow. You may also contact the Office of Children's Issues, U.S. Department of State, Room L-127, SA-1, 2401 E Street, NW Washington, DC 20522, 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 Bureau of Consular Affairs web site at http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

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.