INTERNATIONAL ADOPTION

June 2004

PLEASE NOTE: While there is nothing in Bosnian law that specifically prohibits foreigners from applying to adopt a Bosnian child, the law stresses that there must be overwhelming justification and exceptionally compelling reasons for a foreigner to be permitted to adopt a Bosnian child. The definition of "overwhelming justification" is judged on a case-by-case basis. The Ministry of Social Policy in each Bosnian entity (the Federation and the Republika Srpska, RS) must approve adoptions by foreigners, which is not the case for adoptions by local Bosnian citizens. In practice, it is extremely difficult to obtain this approval. Furthermore, in a country that is still recovering from a long and brutal conflict, it can be extremely difficult to determine if the whereabouts of a parent are simply unknown or if the child is truly an orphan.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans

ADOPTION AUTHORITY IN BOSNIA & HERZEGOVINA: In both entities of Bosnia and Herzegovina, the Federation and the Republika Srpska, adoptions are the responsibility of the municipal Centers for Social Work, the Bosnian equivalent of the county or municipal social services department in the United States. The Center for Social Work prepares an adoption case for submission to the Ministry of Social Policy of the entity in question, which makes the final determination of the case. The Ministry of Social Policy will also seek the approval of the Ministry of Internal Affairs of the entity.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Bosnian law does not prescribe what characteristics potential adoptive parents must have, but it lists those that would be an obstacle to adoption. Therefore, a person "whose parental right has been taken away, person with no or limited working ability, person who does not provide enough guarantee that he/she would raise the adopted child to become a useful member of the community, person mentally ill or retarded, or person suffering from another illness that could endanger the health and life of the adopted child, or person who has not yet attained the age of 18", may not adopt a child. In general, children are given for adoption only to married couples. No upper age limit is specifically mentioned, but the general tendency is not to approve any adoption where a parent would be more than 40 years older than the child.

RESIDENTIAL REQUIREMENTS: There are no residential requirements stipulated in Bosnian law.

TIME FRAME: The law stipulates that the Center for Social Work should reach a decision about an application for adoption within two months. However, in practice it usually takes longer for the Center to make a decision. Once the Center reaches a decision they then forward the application package to the Ministry of Social Policy with their recommendation. Bosnian law states that the Ministry should reach a decision about a request for adoption in two months. Once the Ministry makes a decision, it is sent back to the Center that accepted the application. If the decision is favorable, the prospective adoptive parents must be personally present at the official ceremony (act) of adoption.

ADOPTION AGENCIES AND ATTORNEYS: There are no U.S. adoption agencies operating in Bosnia. The U.S. Embassy in Sarajevo maintains lists of attorneys. Adoptive parents can contact the Embassy for a copy of that list. Please see below for contact information.

Prospective adopting 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 adopting 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.

Please see Important Notice Regarding Adoption Agents and Facilitators at our Web site travel.state.gov.

ADOPTION FEES IN BOSNIA HERZEGOVINA: The Bosnian government does not charge a fee for its role in the adoption process.

ADOPTION PROCEDURES: Persons who wish to apply to adopt a particular child can do so by contacting the Center for Social Work of the municipality/district of which the child is a resident and submitting the documents listed below. Prospective adoptive parents who do not have a particular child in mind can contact the Center for Social Work for a designated area to inquire an adoptable child is available. If the Center affirms that a child is available for foreign adoption, the Center will request the documents listed below to determine the eligibility of the adoptive parent(s. It should be noted that it is entirely possible that a Center will not respond at all to an inquiry from a foreign national, since under Bosnian law, international adoption is permitted only in exceptional circumstances (typically when there is a compelling medical need, or one of the adopting parents is of Bosnian origin.)
The Center then forwards the application package to the Ministry of Social Policy with its recommendation. Once the Ministry makes a decision, it is sent back to the Center that accepted the application. The Center then notifies the prospective adoptive parents of the decision. If the decision is favorable, the prospective adoptive parents must be personally present at the official ceremony (act) of adoption. This is an official act signed by the adoptive parents in person and representatives of the government. It takes place at the Center for Social Work. The court then issues an official decision or decree ratifying the proceedings conducted by the Center for Social Work.

DOCUMENTS REQUIRED FOR ADOPTION IN BOSNIA HERZEGOVINA: There is no specific application form. A request for adoption should be in the form of a letter, written by the prospective adoptive parent. It should state the basic facts about the prospective adoptive parents and must bear their personal signatures. It can be submitted by mail or through an authorized representative. The application must be accompanied by the following documents about each of the adoptive parents:

1. Certified Birth certificate.
2. Certified Marriage certificates (if applicable).
3. Medical certificate of good health preferably provided by a hospital or general practice clinic, rather than a private physician.
4. Proof of citizenship (certified copy of a birth certificate, naturalization certificate or passport).
5. Police certificate (i.e., certificate that no criminal record exists) issued by local law enforcement authorities from every place of residence where the applicant has lived for more than a year since the age of 18.
6. Court certificate (i.e., certificate proving that the adoptive parent is not under any court investigation at the present time).
7. Certificate about capacity for gainful employment. This should take the form of a resume of previous employment records, and an original letter (on official stationery) signed by the current employer, stating the job title, if the position is full- or part-time, how long the person has been employed and the salary.
8. Certificate proving that the adoptive parent has never been charged with child neglect or abuse. This may take the form of an official letter from the local department of child welfare.
9. Documents testifying to the adoptive parent's income and property.
10. Home study (social worker's analysis) about the adoptive family, including his/her personal ability to care for a child. If the adoptive parent is a foreigner (not a resident or citizen of Bosnia), the authorized social services department in the applicant's country must conduct the study.

All original documents and the application letter must be in English and each must be accompanied by a translation into Bosnian/Serbian/Croatian done by an official court translator. It is easier and less expensive to have the translations done in Bosnia. The U.S. Embassy in Sarajevo can provide a list of court translators.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD: All U.S. documents submitted to the Bosnian government/court must be authenticated. Bosnia and Herzegovina 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. An apostille is a special seal certifying that a document is a true copy of an original). Documents must be apostilled in the state where they are issued. Tax returns, medical reports and police clearances should likewise be authenticated. Prospective adoptive parents should contact the Secretary of State of the state where documents originated from for instructions and fees for authenticating documents.

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: $6.00. 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 7:30 a.m. to 11 am Monday-Friday, except holidays and 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.
Please visit our Web site at travel.state.gov for additional information about authentication procedures.

EMBASSY AND CONSULATES IN THE UNITED STATES:
The Embassy of Bosnia and Herzegovina
2019 E. Street, N.W.,
Washington, DC 2003
Tel: (202)337-1500.

Prospective adopting parents are strongly encouraged to consult U.S. CIS publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The U.S. CIS publication is available at the U.S. CIS Web site. The Department of State publication International Adoptions can be found on the Bureau of Consular Affairs Web site, http://travel.state.gov, under “International Adoptions.”

U.S. EMBASSY IN BOSNIA AND HERZEGOVINA:

As soon as prospective adopting parents arrive in Bosnia & Herzegovina, they should contact the Consular Section of the U.S. Embassy in order to register their presence in Bosnia & Herzegovina. The Consulate Section is located at:

U.S. Embassy, Consular Section
Alipasina 43
71000 Sarajevo
Bosnia and Herzegovina
tel: +387 33 445-700
fax: +387 33 659-722
e-mail: bhopa@state.gov

U.S. IMMIGRATION REQUIREMENTS

A child adopted by a U.S. citizen must obtain an immigrant visa before he or she can enter the U.S. The child must be an orphan, as defined by U.S. immigration regulations. There are two distinct categories of immigrant visas available to orphans adopted by U.S. citizens. The two categories are Immediate Relative-3 (IR-3) and IR-4. An IR-3 is issued when a child is adopted under the laws of a foreign country. An IR-4 is issued when a child will be adopted in the United States (American parents have custody of a child to take him or her to the United States to be adopted in the United States). An IR-4 is also issued when state pre-adoption requirements require that a child be adopted in that state or if both parents have not seen the child. The Department of State strongly advised 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 consular officer cannot issue a visa to an adopted child if he or she does not meet the definition of legal orphan.

An Orphan: If an adopted child has not resided with and been in the legal custody of the adopting parent for at least 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:

1. The child must be under the age of 16 at the time an I-600 Petition is filed with the DHS on his or her behalf
2. The child meets the U.S. immigration law definition of “orphan” either because:
   1. 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
   2. The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption
3. The adopting parents must have completed a full and final adoption of the child (for IR-3) or must have legal custody of the child to take the child to the United States for immigration and adoption (for IR-4).

**Prospective adopting parents should note that the terms “disappearance of both parents,” “abandonment by both parents,” “desertion by both parents,” “separation from both parents,” “loss from both parents,” “sole” and “surviving” parent all have specific legal meanings defined in section 204.3(b) of Title 8 of the U.S. Code of Federal Regulations. Whether a child qualifies as an orphan under any of these categories is determined by reference to the U.S. regulatory definitions and not by any local (foreign) law designations that may be used to identify a child as orphaned. As a result, it is possible to adopt a child who is not a “legal orphan” as defined by U.S. immigration law and not be able to bring that child home.

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

1. If the adopting or prospective adopting parent is married, his or her spouse must also be a party to the adoption;
2. If the adopting or prospective adopting parent is single, he or she must be at least 25 years of age;
3. The adopting or prospective adopting parent must be a U.S. citizen.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

The I-600A and I-600 Petitions

Adopting and prospective adopting parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Citizenship and Immigration Services (CIS) 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 well in advance.

A prospective adopting parent may file Form I-600A Application for Advance Processing of Orphan Petition with the U.S. Citizenship and Immigration Services (CIS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the immigration process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who obtains an approved I-600A may file an I-600 in person at the U.S. Embassy abroad.

Required Documents for the I-600A

1. Approved Form I-600A (Application for Advance Processing of Orphan Petition),
2. Fingerprints of each prospective adoptive parent, taken at a local U.S. CIS office,
3. Proof of the prospective petitioner’s United States citizenship,
4. Proof of the marriage of the prospective petitioner and spouse, if applicable,
5. Proof of termination of any prior marriages of the prospective petitioner and spouse or
   unmarried prospective petitioner, if applicable,
6. A “home study” completed by the appropriate State organization with a favorable
   recommendation,
7. Filing fee of U.S. $525.00.

The I-600 is filed at the U.S. Embassy abroad after an adopting parent has legal custody of a child. Adopting parents may choose to file the I-600 at the U.S. CIS office where they filed their I-600A. However, doing so may delay the immigration of a child to the United States because the family must wait for the I-600 to be approved. The child must wait in his or her country of origin until the I-600 is approved.

If an I-600A has already been approved, there is no additional fee to file the I-600. However, if parents are adopting two or more biologically unrelated children, there will be a $525.00 fee for the second child.

Required Documents for the I-600

1. Form I-600, Petition to Classify Orphan as an Immediate Relative,
2. Proof of the orphan’s age,
3. A final decree of adoption, if the orphan has been adopted abroad, or proof of legal custody for purposes of emigration and adoption
4. Proof of “orphan” status per definition above (ex. evidence of abandonment, written relinquishment, death certificates, etc.)
5. Proof that the pre-adoption requirements, if any, of the state of the orphan’s proposed residence have been met, if the orphan is to be adopted in the United States.
6. Proof that adopting parents have seen the child prior to or during adoption proceedings.

Detailed information about filing these forms can be found on the U.S. CIS web site at http://uscis.gov.

U.S. citizens who have adopted or hope to adopt a child from a specific country should request, at the time they file these forms, that U.S. CIS notify the U.S. Embassy in the country as soon as I-600A is approved. Upon receipt of such notification, the Embassy in that country contacts the adopting parent(s) and provides additional instructions on immigration procedures. U.S. consular officers may not review an orphan adoption case until they have received formal notification of approval from a U.S. CIS office in the U.S.

Fingerprints

An I-600 petition can be filed only if the petitioners (and all adult members of their household) have unexpired FBI fingerprint clearances. Though fingerprint are taken and checked by the FBI at the time prospective adopting parents file an I-600A, they are valid only for 15 months and must be re-done if the 15 months have expired. The validity period for the I-600A is 18 months and is not tied to the fingerprint checks. Thus, it is possible for adopting parents to have a valid I-600A and expired fingerprint checks at the same time. Prospective adopting parents should verify that their fingerprint check are current and will not expire before traveling to adopt (notices of approved I-600As should state when the fingerprints will expire.) If the fingerprints are about to expire soon, prospective adopting parents should contact their USCIS office and have their fingerprints retaken. If fingerprints are not valid when adoptive parents file the I-600 petition abroad, the U.S. Embassy staff will have to take the fingerprints of the adoptive parents and send them to the FBI for the background check, which will delay a family’s return to the United States by several days.

The Orphan Investigation

One part of the petition process which CIS 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 U.S. immigration law. The investigation is conducted in one of three ways: 1) if there is a Department of Homeland Security, by a DHS officer at the U.S. Embassy where the child was adopted from; 2) during the immigrant visa interview with a consular officer at a U.S. Embassy in the country where the child was adopted from; 3) a separate orphan investigation interview with a consular officer at the U.S. Embassy where a child from, but the immigrant visa is issued at another U.S. Embassy.

A consular officer at the U.S. Embassy in Bosnia and Herzegovina will conduct this investigation during the immigrant visa interview.

REQUIREMENTS FOR THE IMMIGRANT VISA

U.S. law requires that the adopted child, regardless of age, be brought to a U.S. Embassy for a personal appearance before the consular officer at the time of the interview for the immigrant visa.

Required Documents for IR-3 and IR-4 Visas:

1. Confirmation from the USCIS of an approved and valid I-600A petition;
2. Completed I-600 petition, with original signatures by both adopting parents. The I-600 forms can be downloaded from the USCIS website at: uscis.gov/graphics/formsfee/index.htm
3. Completed Immigrant Visa application, form DS-230, Parts I and II, signed by one parent on behalf of the child, in the presence of a consular officer. Information on the form should pertain to the child, not the adopting parents. These forms can be downloaded from our web site at http://www.travel.state.gov.
4. Documents to show the consular officer that the child will not be a public charge in the U.S., for example, a job letter, tax returns, bank statement or other proof of the adoptive parent’s or parents’ assets in the U.S.
5. Results of the child's immigrant visa physical examination, including a vaccination report.
6. An Affidavit of Acknowledgement of Health Problems of Adopted Child. Both parents' signatures should be notarized. Please do not sign this document before you come to the Embassy - it must be signed under oath in the presence of a U.S. Consular Officer. Alternatively, it can be notarized in the U.S. Please make sure to include all health problems that are listed in the adoption court decree and medical history of the child(ren) (if available).
7. Affidavit of Vaccinations Requirement Waiver. Please do not sign this document before you come to the Embassy - it must be signed under oath in the presence of a U.S. Consular Officer. The form may be signed by either of the adopting parents and notarized by a U.S. Consular Officer or U.S. notary public. This form is required only for children 10 years of age and younger. You can download this form here.
8. Immigrant visa fee of U.S. $335 cash, payable at the time of the interview.
9. An original and copies of the foreign adoption decree.
10. An original and two copies of a birth certificate issued in the child's new (adopted) name.
11. Two copies of the court decree declaring that the child is an orphan and/or unambiguously declaring that any surviving parents have no legal parental rights. If applicable, adopting parents may present two copies of a certificate of abandonment produced by the biological parents, the police or the hospital.
12. Two notarized copies of the child's pre-adoption birth certificate.
13. The original and a copy of the orphanage's medical report/medical history for the child.
14. The original and a copy of the passport for the country of origin, issued in the child's new adopted name.
15. The original and a copy of each of the adopting parents’ passports.
16. Two passport-size photographs of the child with a three-quarter profile, showing the right ear. U.S.Embassies that issued the new Machine-readable immigrant visa (MRIV) require one photo in three-quarter profile showing the right ear and a second one showing the frontal facial photo.

Additional possible requirements for an IR-4 visa:

17. Certified copy of the approved home study.
18. Evidence that the pre-adoption requirements of the adopting parents' state of residence have been met.
19. Evidence that re-adoption is legally possible in the parents' state of residence, if applicable.
20. A notarized statement from the parent who has not met the child, that he or she intends to adopt the child in the United States.
21. Form I-864 Affidavit of Support and supporting documentation. For instructions, please see http://travel.state.gov/visa/immigrants.html.

The immigrant visa is valid for 180 days from date of issuance (i.e. adopting children have 180 days to use the immigrant visa to travel to the United States. Do NOT open the sealed envelope for the USCIS. Documents submitted to the Embassy are in this packet and will not be returned. Therefore, adopting parents should obtain extra originals or certified copies of the adoption decree and the child's new birth certificate for their personal use in the future, including for application for a U.S. passport and Social Security number. The packet should be in carry-on luggage and must be presented intact to the USCIS officer at the port of entry.

NATURALIZATION: Under the Child Citizenship Act of 2000, which became effective on February 27, 2001, orphans adopted by U.S. citizens automatically become U.S. citizens themselves when all of the following requirements have been met:

• at least one parent is a U.S. citizen;
• the child is under 18 years of age;
• there is a full and final adoption of the child; and,
• the child is admitted to the United States as an immigrant.

A foreign–born orphan who enters the United States on an Immediate Relative (IR) –3 visa automatically becomes a U.S. citizen upon admission. A foreign-born child who enters the United States on an IR-4 visa and is later adopted in a U.S. court, will become a U.S. citizen when the adoption is finalized in the United States (the child will be a legal permanent resident until then). For further information, please consult with the consular section at the U.S. Embassy or the nearest office of the Immigration and Naturalization Service. Additional information is available here.

ADDITIONAL INFORMATION: Specific questions about adoption in a particular country may be addressed to the U.S. Embassy in that country. General questions regarding international adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-404-4747.

Useful information is also available from several other sources:

• Telephone:
  • Call Center -Toll Free Hotline: Overseas Citizens Services toll-free hotline in the Bureau of Consular Affairs is 1-888-407-4747. The OCS hotline can answer general inquiries regarding international adoption and forwards calls to the appropriate Country Officer. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calls from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
  • DHS Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
• Internet:
  • Adoption Information Flyers: the Consular Affairs web site, at: http://travel.state.gov/ contains international country adoption information flyers like this one and the International Adoptions brochure.
  • 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.
• CIS web site - http://uscis.gov/