INTERNATIONAL ADOPTION

Croatia

June 2001

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 Croatia and applying for an immigrant visa for the child to come to the United States. This process involves complex Croatian 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 Croatia 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.

While there is nothing in Croatian law that specifically prohibits foreigners from applying to adopt a Croatian child, the law stresses that there must be overwhelming justification and exceptionally compelling reasons for a foreigner to adopt a Croatian child. Each adoption under these circumstances is adjudicated on a case by case basis. Foreign adoption and removal of Croatian children from their homeland is a sensitive subject to Croatian authorities and to the Croatian people. Croatian law gives absolute priority to adoptions by Croatian citizens. The Ministry of Social Policy must approve adoptions by foreigners; this is not the case for adoptions by Croatian citizens. In practice, it is extremely difficult if not impossible to obtain this approval, as the government does not consider it beneficial to a child to be uprooted, to lose contact with relatives, or to lose its identity as a Croatian.

AVAILABILITY OF CHILDREN FOR ADOPTION: The number of prospective parents in Croatia is significantly higher than the number of children available for adoption. There are relatively few adoptable children among the total number of children who are without parental care on a temporary or permanent basis. Traditionally, orphan children are taken in by relatives.

Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans in Croatia:

FY-1996: IR-3 immigrant visas issued to Croatian orphans adopted abroad - 2
IR-4 immigrant visas issued to Croatian orphans adopted in the U.S. - 0
FY-1997: IR-3 visas - 3, IR-4 visas - 0
FY-1998: IR-3 visas - 2, IR-4 visas - 0
FY-1999: IR-3 visas - 2, IR-4 visas - 0
FY-2000: IR-3 visas - 0, IR-4 visas - 1

CROATIAN ADOPTION AUTHORITY: The government office responsible for adoptions in Croatia is the Ministarstvo Rada i Socialne Skrbi (Ministry of Labor and Social Policy) Prisavlje 1410000 Zagreb

In Croatia, the application for adoption must be submitted to the custodial body in the municipality where the child resides. In most cases the responsible body is the Centar za Socialni Skrb (Center for Social Work), the Croatian 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, the ultimate authority to approve adoptions by foreigners.

CROATIAN 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 in which the child resides, and submitting a list of documents (please see documentary requirements below). If the prospective adoptive parent does not have a particular child in mind, s/he may contact the Center for Social Work in the designated area to ask if an adoptable child is available. If the Center affirms that a child is available for foreign adoption, the Center will ask that the documents listed below be submitted so the eligibility of the adoptive parents can be determined.

*The Department of State encourages Americans to determine 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. *

AGE AND CIVIL STATUS REQUIREMENTS: Croatian adoption policy sets an optimal age range for prospective adopting parents at between 25-35, whether single or married. However, when a baby is in question, preference is given to married petitioners. In certain special cases, the age limit may be waived, but the difference in age between the child and parent should not be more than 40 years.

ADOPTION AGENCIES AND ATTORNEYS: All adoptions must be approved through the Ministarstvo Rada i Socialne Skrbi (Ministry of Labor and Social Policy) Prisavlje 1410000 Zagreb

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 Croatia.

CROATIAN DOCUMENTARY REQUIREMENTS: There is no specific application form. A request for adoption should be in the form of a letter, written by the prospective adoptive parent(s), detailing their circumstances and their desire for adoption, and bearing original signature(s). It can be submitted by mail or through an authorized representative. The application must be accompanied by the following documents:

• Certified birth certificate
• Certified marriage certificate (if applicable)
• Medical certificate of good health preferably provided by a hospital or general practice clinic rather than a private physician.
• Certificate of citizenship (certified copy of a birth certificate, naturalization certificate, or passport).
• Police certificates (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.
• Court certificate (proof that the adoptive parent is not under any court investigation at the present time).
• Certificate of 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 job title, if the position is full- or part-time, how long the person has been employed, and the salary.
• 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.
• Documents testifying to the adoptive parent’s income and property.
• Home study (social worker’s analysis) about the adoptive family and other circumstances of the application, including his or her ability to care for a child. If the adoptive parent is not a resident citizen of Croatia, the study must be conducted by the authorized social services department in the applicant’s country.

All original documents and the application letter must be in English and each must be accompanied by a translation in Croatian by an authorized court translator. It is easier and less expensive to have the translations done in Croatia by an authorized court interpreter. The U.S. Embassy in Zagreb can provide a list of court interpreters. Any official documents (birth certificates, passports, social service reports, home studies, etc) should be certified by an apostille from the designated authority in the United States. For more information on apostilles, please refer to the Bureau of Consular Affairs flyer Enforcement of Judgments available on the Consular Affairs web site at http://travel.state.gov.

Applications for adoption are submitted to the Center for Social Work, which reviews the case. It then forwards the application package to the Ministry of Social Policy with a recommendation. Croatian law stipulates that both the Center and the Ministry reach their decision within two months respectively, but in practice this always takes longer. Once the Ministry makes a decision, it is sent back to the Center where the application was filed, at which time the Center notifies the prospective adoptive parent(s). If the decision is favorable, the adoptive parent(s) must be personally present at the official ceremony of adoption.

The Croatian government, for its role in the adoption process charges no fee,

U.S. IMMIGRATION REQUIREMENTS

A Croatian 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 16¹ 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 Zagreb. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Zagreb 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 Zagreb.²

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. This investigation is performed by a consular officer at the time of the child’s immigrant visa interview.

CROATIAN EMBASSY AND CONSULATES IN THE UNITED STATES:

Embassy of the Republic of Croatia
2343 Massachusetts Ave. NW
Washington, DC 20008
Tel: (202) 588-5943
Fax: (202) 588-8937

Croatia also has Consulates in New York, Chicago, Cleveland, and Los Angeles.

U.S. EMBASSY IN CROATIA:

Andrije Hebranga 2
10000 Zagreb
Croatia
Tel: 385-1-661-2300
Fax: 385-1-455-0774

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 Croatia may be addressed to the Consular Section of the U.S. Embassy or Consulate in Zagreb, Croatia. 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, Tel: 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: 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 information is updated as new information becomes available, and is accessible through the Internet web site, as above.