International Adoption
Denmark 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. PLEASE NOTE: The chances of adopting a Danish child are very small. According to the Danish Children’s Welfare Authorities, there are long waiting lists for adoption of Danish children by Danish prospective parents. Although Danish legislation does not directly prohibit adoption of Danish children by prospective foreign parents outside of Denmark, international adoption of Danish children is a remote possibility since national adoptions have first priority. Besides, the number of applicants interested in adopting a Danish child far exceeds the limited number of children available for adoption in Denmark. 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 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 Denmark and applying for an immigrant visa for the child to come to the United States. This process involves complex Danish 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 Denmark 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 in Copenhagen underscore the rarity of adoption of Danish orphans by American citizens. For example, there have been no Danish children adopted by U.S. citizens in last five years. FY-1996: IR-3 immigrant visas issued to Danish orphans adopted abroad - 0
IR-4 immigrant visas issued to Danish orphans adopted in the U.S. - 0
FY-1997: IR-3 visas - 0, IR-4 visas - 0
FY-1998: IR-3 visas - 0, IR-4 visas - 0
FY-1999: IR-3 visas - 0, IR-4 visas - 0
FY-2000: IR-3 visas - 0, IR-4 visas - 0 DANISH ADOPTION AUTHORITY: Adoption in Denmark must be effected pursuant to Danish law. The government office responsible for adoptions in Denmark is the Danish Ministry of Justice, Office of Private Law, Aebelogade 1, 2100 Copenhagen. Tel: +45-3392 3302
Fax: +45-3927 1889
E-mail: civildir@civildir.dk
Web site: http://www.civildir.dk. DANISH ADOPTION PROCEDURES: The Office of Private Law will advise the applicant of the adoption procedure to be followed. Unless you are related to the child, the adoption is arranged through the local welfare authorities. AGE AND CIVIL STATUS REQUIREMENTS: Adoptive parents must be at least 25 years of age, cannot be more than 40 years older that the prospective child. Single people can adopt. ADOPTION AGENCIES AND ATTORNEYS: Because of the difficulty of adopting a Danish child, many Danish couples apply for permission to adopt a child of non-Danish nationality. The U.S. Embassy in Copenhagen maintains a list of attorneys practicing in Denmark. The following two adoption agencies may be helpful in connection with international adoption: DanAdopt
Hovedgaden 24
3460 Birkerod, Denmark
Tel: +45-4581 6333
Fax: +45-4581 7482.
E-mail: mail@danadopt.dk Adoption Center
Eckersberggade 17
8000 Aarhus C
Denmark
Tel: +45-8612 6522
Fax: +45-8619 7853
E-mail: ac@adoptioncenter.dk
Web site: http://www.adoptioncenter.dk DOCTORS: The U.S. Embassy in Copenhagen maintains current lists of doctors and sources for medicine, should either you or your child experience health problems while in Denmark. U.S. IMMIGRATION REQUIREMENTS A Danish 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 Copenhagen. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Copenhagen for more information. 1 A child adopted at age 16 or 17 will also qualify, provided he or she was adopted together with a natural sibling who was under age 16. 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 Copenhagen.2 2 If a married couple is adopting the child and only one of the parents will travel to Denmark, that parent must be an American citizen. REMEMBER, both parents must still sign the original I-600. 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 Office of Children’s Issues
U.S. Department of State
Room L-127
2401 E Street, NW
Washington, D.C. 20520-4818
Tel: 1-888-407-4747 The BCIS pamphlet entitled The Immigration of Adopted and Prospective Adoptive Children (M-249Y, Revised, 1990) includes a checklist on orphan petition procedures. For a copy of this pamphlet, please contact the U.S. Embassy, Copenhagen City or the Office of Children’s Issues at the State Department. Ask Immigration line: 1-800-375-5283
BCIS Forms line: 1-800-870-3676
BCIS home page: http://www.uscis.gov DANISH EMBASSY (and Consulates) IN THE UNITED STATES: Royal Danish Embassy
3200 Whitehaven Street NW
Washington, DC 20008-3683
Tel: (202)234-4300
Fax: (202)328-1470
E-mail: wasamb@wasamb.um.dk
Web site: http://www.denmarkemb.org Denmark also has Consulates General in: Chicago, Los Angeles, and New York City. U.S. EMBASSY IN DENMARK: Dag Hammarskjolds Alle 24
2100 Copenhagen
Tel: 45-3555 3144
Fax: +45-3538 9616
E-mail: nivcpn@state.gov
Web site: http://www.usembassy.dk 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 Denmark may be addressed to the Consular Section of the U.S. Embassy in Copenhagen. 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.
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