INTERNATIONAL ADOPTION

BELARUS

September 2001

Adopted children from Belarus require visas to enter Poland, in order to go to the U.S. Embassy in Warsaw for the immigrant visa interview. Please see the Web site for the for the U.S. Embassy in Poland at http://www.usinfo.pl/consular/iv/adoptions.htm#Third-country%20Visas for additional information.

On June 5, l998, the Belarus International Adoption Center reported to the U.S. Embassy in Minsk that the adoption moratorium imposed October 14, l997, was lifted by the Council of Ministers. The moratorium was originally imposed pending revision of Belarus's Family and Marriage Law. That law has not yet been revised and it is unknown how long the adoption procedure will take or how it will work. However, according to the International Adoption Center, all adoptions will be approved by the Council of Ministers and the Ministry of Foreign Affairs will be informing all Belarusian Embassies to begin accepting adoption documents from families wishing to adopt Belarusian orphans.

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:

The government of Belarus stresses that American citizens interested in adopting a child in Belarus should not travel to that country until the stipulated adoption procedures has been completed. 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 are not issued in Belarus. While many people adopt children there, issuance of immigrant visas is handled by the U.S. Embassy in Warsaw, Poland. All adoptions of children in Belarus must go through the Belarusian National Adoption Center. Prospective parents wanting to adopt a child from Belarus should contact:

Belarusian National Adoption Center
Mrs. Olga Karaban, Director
Platonova Str. 22, 11th Floor
Minsk, BELARUS
Tel: 375 - 17-232-6701
Fax: 375 - 17-231-0617

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Belarus and applying for an immigrant visa for the child to come to the United States. This process involves complex Belarusian 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 Belarus 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 BELARUS orphans adopted abroad - 0
IR-4 immigrant visas issued to BELARUS orphans adopted in the U.S. - 0
FY-1997: IR-3 Visas - 0, IR-4 Visas - 0
FY-1998: IR-3 Visas - 5, IR-4 Visas - 0
FY-1999: IR-3 Visas - 32, IR-4 Visas - 0
FY-2000: IR-3 Visas - 60, IR-4 Visas - 0

BELARUS ADOPTION AUTHORITY: The government office responsible for adoptions in Belarus is the Belarus National Adoption Center.

BELARUS ADOPTION PROCEDURES: All adoptions of children in Belarus must go through the Belarusian National Adoption Center. Prospective parents wanting to adopt a child from Belarus should contact the Belarusian National Adoption Center for the latest information.

Belarusian National Adoption Center
Mrs. Olga Karaban, Director
Platonova Str. 22, 11th Floor
Minsk, BELARUS
Tel: 375 - 17-232-6701
Fax: 375 - 17-231-0617

The following procedures pertain to adoptions in Belarus. It is stressed that an American citizen wishing to adopt in Belarus should not travel to that country until these procedures have been completed.

Prior to Notification of Approval of a Child for Adoption

1. Interested American citizens should find and work with a licensed adoption agency or provider that employs representatives or facilitators in Belarus. Because prospective parents are advised that they should not travel to Belarus until a suitable child has been selected for them, a representative in Belarus is absolutely essential in order to work through the adoption process.

2. Applicants must send their completed application, together with Russian language translations of all documents, to the consular section of the Belarusian Embassy in Washington, D.C. The Belarusian consul verifies and notarizes the documentation, after which the application is sent to the Ministry of Foreign Affairs in Minsk.

3. The consular department of the Ministry of Foreign Affairs in Minsk checks to see that the application has been verified and properly notarized and then passes the application to the Ministry of National Education in Minsk (Ministerstvo Narodnovo Obrazovaniya, or MNO0.

4. The MNO reviews the application and decides whether or not to allow the process of selecting a child for the applicant(s) to go forward. If the MNO approves the request, it will then task its regional and local branches to locate an appropriate child in a Belarusian orphanage to be matched with the application.

5. Belarusian legislation on this issue, although still not complete, does insist that only those children in orphanages formally described as "unadoptable" by Belarusian families can be considered for adoption by foreigners. The Government of Belarus currently defines "unadoptable" children as children with various forms of physical or mental defects (including Chernobyl-related health problems), or children who have not been placed with prospective adoptive Belarusian families. MNO officials have said that a child should be officially offered at least 3-4 times to Belarusian families before being considered "unadoptable."

6. If an appropriate child is located, MNO then sends its approval of the application to the executive branch of the regional government of the geographic region in which the child resides (known as the regional executive committee, or "oblaspolkom"). Belarus has six regions, centered around the regional capitals of Minsk, Grodno, Brest, Mogilev, Gomel, and Vitebsk.

At this point, the prospective adoptive parents should be notified by the Government of Belarus that they have been matched with a potential adoptee, and that they should now come to Belarus in order to meet the child in question. MNO officials were very clear that prospective parents should not enter Belarus prior to this time, i.e., before the Government of Belarus has selected a child for them to consider. Unfortunately, specific notification procedures have not yet been developed by the MNO.

Following Approval of a Child for Adoption

1. Upon notification by the Government of Belarus, the parents may travel to Belarus.

2. Meanwhile, in Belarus, the adoption request is reviewed by the oblaspolkom. Following approval by the oblsapolkom, the application is sent to the city district executive committee ("Raispolkom") responsible for the city district in which the child resides. The raispolkom makes the actual decision whether to allow the adoption or not, in light of the recommendations of the Ministry of Foreign Affairs, the MNO, and its superiors in the oblaspolkom.

Following the approval by the Raispolkom, the parents should apply for their adopted child's passport with the local office of visas and registration (OVIR). Please note that significant delays may occur at this point. The Belarus authorities supply Belarusian children with this document after the local court has approved the adoption. The passport is issued in the child's new name if the adoptive parents wish to change the name. An adopted child needs a passport to exit Belarus. Upon receipt of the child's passport the adoptive parent(s) should then go to the U.S. Embassy in Warsaw, where the child undergoes medical and immigrant visa processing, following which the parents are free to take their adopted child to the U.S. Polish authorities require a passport, but up until now have NOT required a visa of Belarusian children. Belarusians can travel to Poland with a valid Belarus passport and documents explaining the purpose of the trip (invitation, tourist voucher, hotel confirmation, etc.) Adopted children are considered to be transiting the territory of Poland on the way to their final destination. For transit purposes, onward air tickets are usually sufficient to establish purpose of the trip. We have had no reports of any difficulties by American parents crossing the Polish border with Belarus children. U.S. Embassy Minsk does not do immigration work, and is not in a position to offer medical or immigrant processing for Belarusian children adopted by U.S. citizens.

TRANSLATION REQUIREMENTS

All documents prepared for transmission to Belarusian adoption authorities must be accompanied by a certified Belarusian or Russian translation. The consular section of the Belarusian Embassy in Washington, D.C. will verify and notarize the documentation for transmission to the Ministry of Foreign Affairs in Minsk. Only original birth certificates and adoption certificates need to be authenticated for further use in the United States. The Consular Division of the Ministry of Foreign Affairs authenticates documents. If these documents are not authenticated in Minsk, the authentication can be done by the Belarusian Embassy in Washington. As for other documents, simple translation will suffice.

AGE AND CIVIL STATUS REQUIREMENTS: Children may be adopted by foreigners, if the child is an orphans (both or only known parent is deceased), or if they have been abandoned (the court must be satisfied that the parents cannot be found). A prospective parent should not be less than 16 years older than the adoptive child. A single prospective parent can not adopt a child with the age difference of less than 16 years. Single parents are permitted to adopt a child of a different sex.

RESIDENTIAL REQUIREMENTS: A prospective parent may be single, divorced or widowed. Under Belarus regulations on foreign adoptions there is no residence requirement for the adopting parents. They do not need to establish residency in Belarus.

WHAT TO BRING FOR YOUR NEW BABY/CHILD
Since it is difficult to predict how long it may be necessary for you to remain in Belarus with your adopted child, you may want to consider what articles you might want to bring with you. You should be aware that not all U.S. style baby products are readily available abroad. You may wish to consider bringing certain items with you. These might include:

• Plastic or cloth baby carrier
• Bottle nipples
• Disposable paper diapers
• Baby wipes
• Baby blankets
• Infant wear
• Thermos bottle, for hot water to prepare dry formula
• Milk bottles (plastic, glass, and disposable)
• Disposable plastic bags for milk bottles

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 BELARUS.

BELARUS DOCUMENTARY REQUIREMENTS: The prospective parent should take on the plane is his/her passport. All other documents required by Belarusian authorities are either generated in Belarus (documents for the child) or have already been sent to Belarus (parent's home study, health documents, etc.). The I-600A is required in Warsaw. For the I-604, which is completed by the consular officer in Minsk, we need to see the documents issued in Belarus as part of the adoption process to be sure the child meets the definition of an orphan as contained in the INA. These documents include: a court decree terminating parental rights (if natural parents are living) or parental consent, the adoption decree, birth certificates (original and new), permission from the child's legal guardian (usually the head of the orphanage) and health documents. Belarus authorities during the adoption process provide all these documents.

IMMIGRATION REQUIREMENTS: U.S. Embassy Minsk does not do immigration work, and is not in a position to offer medical or immigrant processing for Belarusian children adopted by American citizens.

U.S. IMMIGRATION REQUIREMENTS

A Belarusian 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 U.S. 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 Warsaw. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Belarus 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 161at 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 website 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 Belarus .

Detailed information about filing these forms can be found on BCIS's website at http://www.uscis.gov. Americans who have adopted or hope to adopt a child from Belarus should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Belarus 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 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.

VISA INFORMATION & WHAT TO EXPECT INFORMATION: Please contact the State Department Visa Office for recorded information concerning immigrant visas for adoptive children, (202) 663-1225.

BELARUS EMBASSY IN THE UNITED STATES:

The address for the Embassy of Belarus is as follows:
Embassy of the Republic of Belarus
1619 New Hampshire Avenue, NW
Washington, D.C. 20009
Tel: (202) 986-1604
fax: (202) 986-1805

BELARUS also has a Consulate in New York.

U.S. EMBASSY IN BELARUS:

U.S. Embassy Belarus
Consular Section, U.S. Embassy
46 Starovilenskaya St.
220002 Minsk, Belarus
Tel: 375-17-210-1283
Fax: 375-17-217-7160

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 BELARUS may be addressed to the Consular Section of the U.S. Embassy or Consulate in BELARUS. 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.- 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).

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.

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 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.