INTERNATIONAL ADOPTION

March 2002

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.

Important Notice: The Czech Republic ratified the Hague Convention on Intercountry Adoption in June 2000. The Government of the Czech Republic has informed the American Embassy in Prague, Czech Republic that the Czech Republic will only will approve international adoptions only when the prospective adopting parent(s) reside in countries which have ratified this convention. Prospective parents who are legal residents of the Czech Republic may adopt orphans under Czech law.

The United States signed the Hague Convention in 1993. The State Department is preparing the implementing regulations so that the United States can become a full party to the Convention. The current target date for the United States to join the Intercountry Adoption Convention is 2006.

The State Department's Office of Children's Issues recommends that Americans who reside outside the United States and are considering adopting in Czech Republic confirm whether the country they reside in is a party to the Hague Convention on Intercountry Adoption before proceeding. Please see the Web site for the Hague Conference on Private International Law for updates.

Interested Americans should be aware that the process of adopting a child in the Czech Republic and bringing the child to the U.S. might be time-consuming and difficult. The American Embassy and Consulates General and the Department of State stand ready to assist prospective adoptive parents, within the limits of our authority. U.S. citizens arriving abroad to finalize an adoption are advised to proceed carefully with all local foreign adoption procedures. They should also work closely with the nearest U.S. Embassy/Consulate throughout the adoption process to ensure that the child selected will qualify for U.S. immigration benefits and that all the necessary documents are in order.

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 the Czech Republic. This process can be expensive, time-consuming and difficult, involving complex Czech and American legal requirements. Adoptions are given careful consideration on a case by-case basis by both Czech judicial authorities and American consular officers to ensure that the legal requirements of both countries have been met for the protection of the adoptive parent(s), the natural parent(s) and the child. Interested Americans are strongly advised to read the following information carefully. Contact the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security early in the process, before you have identified a specific child to adopt. Contact American consular officials in the Czech Republic before formalizing an adoption agreement to ensure that appropriate visa procedures have been followed.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance:

Fiscal Year 1998: IR-3 immigrant visas issued to the Czech Republic orphans adopted abroad - 1
IR-4 immigrant visas issued to the Czech Republic orphans adopted in the U.S. - 0
FY-1999: IR-3 Visas - 0, IR-4 Visas - 0
FY-2000: IR-3 Visas - 0, IR-4 Visas - 1
FY-2001: IR-3 Visas - 0, IR-4 Visas - 0

CZECH ADOPTION AUTHORITY: Central Office for International Legal Protection of Juveniles ("Urad pro Mexinarodnepravni ochranu deti") Benesova 22, 60200 Brno, Czech Republic

CZECH ADOPTION PROCEDURES: Once a child is located for adoption, the following requirements must be met:
1. A written request must be presented to the appropriate guardian authority (usually the Department of Youth of the local town hall), which must give its consent.

2. Often a period of 3-24 months of pre-adoption care of the child by the adoptive parents is required.

3. Czech district courts have jurisdiction on decisions in adoption cases. The adoption of a Czech child normally must take place in the Czech Republic. Approval for international adoptions must be given by the Czech adoption authority.

AGE AND CIVIL STATUS REQUIREMENTS: There are no age or status requirements.

ADOPTION AGENCIES AND ATTORNEYS: There are no private adoption agencies in the Czech Republic. The Embassy maintains a list of numerous attorneys practicing in the Czech Republic.

There are two ways to locate a child for adoption. One is to approach the social service office in the district where you hope to adopt. The second is to find an attorney who has such contacts.

DOCTORS: The U.S. Embassy maintains lists of numerous doctors and sources for medicines, should either you or your child encounter health problems while still in the Czech Republic. It is advisable for you to obtain a copy of this list immediately after your arrival in the Czech Republic, since the Embassy could potentially be closed at the time a medical situation arises.

TRANSLATION REQUIREMENTS: Adopting parents are also required to present the following supporting documents translated into the Czech language and certified by the Czech Embassy in Washington, D.C.:

• Parents' Birth Certificates
• Marriage Certificate
• Police Certificates/Clearances
• Parents' Medical Certificates/Clearances
• Evidence of Employment and Financial Status
• Completed Home Study

AUTHENTICATION PROCEDURES: All U.S. documents submitted to the Czech government/court must be authenticated. The Czech Republic 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. Tax returns, medical reports and police clearances should likewise be authenticated. Prospective adoptive parents should contact the Secretary of State for their home state for instructions and fees for authenticating documents. Documents issued by a federal court must be authenticated by a clerk or deputy clerk of the federal court system.

Documents issued by a federal court must be authenticated by a clerk or deputy clerk of the federal court system. 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: $5.00. 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 8 a.m. to 12 noon Monday-Friday, except holidays. Walk-in service 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.

For additional information about authentication procedures, please see the "Judicial Assistance" page of the Bureau of Consular Affairs Web site at http://travel.state.gov .

U.S. IMMIGRATION REQUIREMENTS

A Czech child adopted by an U.S. citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. The child must be an orphan, as defined by U.S. immigration regulations. Children who do not qualify under this definition may not immigrate to the U.S. as an orphan even if legally adopted by a U.S. Citizen. The Department of State encourages 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. There are two distinct categories of immigrant visas available to children adopted by U.S. citizens. A detailed description of the orphan definition used by BCIS is described below and can also be found on the BCIS web site at http://www.uscis.gov.

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 in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in the Czech Republic. U.S. citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Czech Republic 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 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
• 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
• The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption.

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

• 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 adoptive or prospective adoptive parent must be a U.S. citizen.

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 the Czech Republic.

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

II. The Orphan Investigation

One part of the petition process which 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 U.S. immigration law. A consular officer performs this investigation at the time of the child's immigrant visa interview.

NATURALIZATION: The Child Citizenship Act of 2000 allows for the automatic acquisition of U.S. citizenship for the adopted children of U.S. citizens who are born abroad. If a foreign -born child was adopted abroad and entered the United States on an Immediate Relative (IR) -3 visa, the child automatically becomes a U.S. citizen. If a foreign-born child enters the United States on an IR-4 visa and is adopted in a U.S. court, the child will become a U.S. citizen when the adoption is finalized (the child will be a legal permanent resident until then).

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 the Czech Republic 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

CZECH EMBASSY AND CONSULATES IN THE UNITED STATES:
Embassy of the Czech Republic
3900 Spring of Freedom Street, NW
Washington, DC 20008
tel. (202) 274-9103
Fax: (202) 363-6308
Web site: http://www.mzv.cz/washington

The Czech Republic also has consulates in the following U.S. cities: Los Angeles and New York.

Consulate General of the Czech Republic
10990 Wilshire Bl.
Suite 1100
Los Angeles, CA 90024
Tel: 310-473-0889
Fax: 310-473-9813

Consulate General of the Czech Republic
1109-1111 Madison Ave.
1st Floor
New York, NY 10028
Tel: 212-717-5643
Fax: 212-717-5064

AMERICAN EMBASSY IN THE CZECH REPUBLIC:
The address of the American Embassy is as follows:
American Citizen Services unit
U.S. Embassy
trziste 15
118 01 Prague
Czech Republic
Tel. (420)(2) 5753-0663
Fax: (420)(2) 5753-4028
Web site: http://www.usembassy.cz

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 adoptions in the Czech Republic may be addressed to The Consular Section of the U.S. Embassy in Prague. 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 dayon the Internet web site, as above, or, by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225.