U.S. Department of State

U.S. Department of State
 
 

INTERNATIONAL ADOPTION

ALBANIA

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.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Albania and applying for an immigrant visa for the child to come to the United States. This process involves complex Albanian 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 children. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Albania 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-1996: IR-3 immigrant visas issued to Albanian orphans adopted abroad - 7
IR-4 immigrant visas issued to Albanian orphans adopted in the U.S. - 0
FY-1997: IR-3 Visas - 12, IR-4 Visas - 0
FY-1998: IR-3 Visas - 10, IR-4 Visas - 0
FY-1999: IR-3 Visas - 12, IR-4 Visas - 0
FY-2000: IR-3 Visas - 22, IR-4 Visas - 0

ALBANIAN ADOPTION AUTHORITY: The government office responsible for adoptions in Albania is the Albanian Adoption Committee.

ALBANIAN ADOPTION PROCEDURES: Individuals may not deal directly with theAlbanian Adoption Committee or with individual orphanages or biological parents. The Albanian child must have a certificate from the Albanian Adoption Committee stating that s/he is adoptable. This means that the child has been in an orphanage for at least six months with no contact from his/her biological parents, and that the orphanage has been unsuccessful in placing the child with an Albanian family. The prospective adoptive parents may not go to an orphanage to select a child without authorization from the Albanian Adoption Committee. (Authorized local adoption agencies, i.e. International Children's Alliance, or Bethany Christian Services, can contact the Albanian Adoption Committee to obtain authorization for the prospective adoptive parents to visit an orphanage.) In general the Committee will propose a child whom the prospective adoptive parents may accept if they wish.

In addition, the final court decision and the child's travel documentation cannot be issued until 13 days after the court date. The child must remain in Albania during these 13 days, although s/he may reside with the adoptive parents during that time. Please remember: when traveling to the U.S. with your newly adopted child, since the child is an Albanian citizen, s/he will need to obtain a transit visa from the embassy of the country of transit in order to be permitted to travel through. The Albanian government cannot issue this transit visa until the child is issued a travel document (such as a passport). In many cases the transit visa application may take several days to process. (Note: this procedure is separate from the U.S. immigrant visa process.) Therefore, prospective adoptive parents should be prepared to arrive in Albania a day or two before the court date and to remain afterwards for 15-17 days.

AGE AND CIVIL STATUS REQUIREMENTS: Under Albanian law, prospective adoptive parents must be a minimum of 18 years older than the adopted child. Both married and single prospective adoptive parents are permitted. Note: Under U.S. law, at least one parent must be 25 years old or older.)

ADOPTION AGENCIES AND ATTORNEYS: All adoptions must be processed by an adoption agency accredited by the Albanian Adoption Committee. Currently, two U.S. adoption agencies have been accredited:

Bethany Christian Services
901 Eastern Avenue, NE
Grand Rapids, Michigan 49503-1295
Tel: (616) 459-6273
Fax: (616) 459-0343

International Children's Alliance
1101 17th Street, NW, Suite 1002
Washington, D.C. 20036
Tel: (202) 463-6874
Fax: (202) 463-6880
Adoptionop@aol.com

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 Albania.

ALBANIAN DOCUMENTARY REQUIREMENTS:

  • A written request clearly stating the reasons why he/she/they want(s) to adopt a child
  • Birth certificate, marriage certificate of the adopting parent(s), divorce decree and former spouse's death certificate as applicable.
  • Police records of the adopting parent(s).
  • Personal, family, social and medical information on the adopting parent(s).
  • Home Study (An evaluation study on the adopting family made by a social worker)

All the above mentioned documents are submitted to one of the adoption agencies accredited by the Albanian Adoption Committee.

U.S. IMMIGRATION REQUIREMENTS

An Albanian 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. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) 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 Tirana. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Tirana 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 BCIS 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 BCIS can be found on BCIS's web site at http://www.uscis.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. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) 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 Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) 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 Tirana.

Detailed information about filing these forms can be found on BCIS's web site at www.uscis.gov. Americans who have adopted or hope to adopt a child from Albania should request, at the time they file these forms, that BCIS notify the US Embassy in Tirana 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 BCIS office in the US.

II. The Orphan Investigation

One part of the petition process that BCIS cannot complete in advance is the "orphan investigation". An 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 (Form I-604 Report on Overseas Orphan Investigation) is performed by a consular officer at the time of the child's immigrant visa interview.

ALBANIAN EMBASSY IN THE UNITED STATES:
Embassy of the Republic of Albania
2100 S. Street, NW
Washington, DC 20008
Tel: (202) 223-4942

U.S. EMBASSY IN ALBANIA:
Street Address Mailing Address
U.S. Embassy Tirana American Embassy (Tirana)
Rruga e Elnasanit 103 Consular Section
Tirana, Albania Department of State
Tel: (011)(355)(4) 247-285 Washington, DC 20521-9510
Fax: (011)(355)(4) 232-222

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS 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 Albania may be addressed to the Consular Section of the U.S. Embassy in Albania. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, telephone: 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.

Bureau of Citizenship and Immigration Services in the Department of Homeland Security - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet - the Consular Affairs web site, at: contains international adoption information flyers and the International Adoptions brochure.

BCIS Web site: http://www.uscis.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 through the web site, as above.

June 2001