INTERNATIONAL ADOPTION

August 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.

PLEASE NOTE: 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 Estonia and applying for an immigrant visa for the child to come to the United States. This process involves complex foreign 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 Estonia 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-1997: IR-3 immigrant visas issued to Estonian orphans adopted abroad - 0
IR-4 immigrant visas issued to Estonian orphans adopted in the U.S. - 0
FY-1998: IR-3 Visas - 4, IR-4 Visas - 2
FY-1999: IR-3 Visas - 2, IR-4 Visas - 1
FY-2000: IR-3 Visas - 5, IR-4 Visas - 2
FY-2001: IR-3 Visas - 9, IR-4 Visas - 1

According to the Estonian Family Law only those children whose parents are deceased or whose parents have had their parental rights taken away may be adopted. There are few such children and long waiting lists of Estonian families who by law take precedence. According to the current law, healthy children should remain in Estonia. Only in cases where it is impossible to take sufficient care of a child in Estonia can that child be adopted internationally.

ADOPTION AUTHORITY:
Consultant of the Office of Child Protection
Ministry of Social Welfare of the Republic of Estonia
Gonsiori 29, Room 217
15027 Tallinn, Estonia

ADOPTION PROCEDURES:
Prospective adoptive parents interested in adopting a child in Estonia should send a letter to the Estonian Ministry of Social Welfare (MSW) or to the adoption agency listed below indicating the sex and age of the child(ren) they would be interested in adopting. This letter should include information on the adoptive parents' age and profession. Since foreign parents with Estonian background are given preference over foreigners with no Estonian heritage, adoptive parents should explain their ties to Estonia.

The MSW cautions that prospective adoptive parents should not visit orphanages to locate the child since it is unlikely that the child they choose will be permitted to be adopted by foreigners. According to the new adoption law, international adoptions may be processed through an adoption agency in the parents' home country which has signed an agreement with the Ministry of Social Welfare.

Once prospective adoptive parents are approved for adopting in Estonia, the MSW places them on a list and begins the process of locating a suitable the child. This process can be lengthy (several years or more) as the number of children that can be adopted by foreigners is quite limited (only about 20 children a year). When the MSW finds a child that seems to meet the adoptive parents' indicated desire, the MSW sends information about the child to the adoptive parents. If the adoptive parents would like to proceed with the adoption of the specific, proposed child, they must send the MSW a notarized application stating their request to adopt the child, indicating the child's first and last names. If the parents are not interested in the child the MSW proposes, they should notify the MSW and the MSW will continue searching for appropriate children. However, no more than three successive children will be offered to one prospective parent.

The new adoption law requires court approval of international adoptions and the adoptive parents' presence at the court hearing when the adoption is finalized. The orphanage where the child is living is then notified that the child can be released into the adoptive parents' custody. After the adoption has been approved, the adoptive parents get the right to change the child's name.

After the child has been adopted under Estonian law, the U.S. Embassy in Tallinn will complete the Overseas Orphan Investigation. The Embassy in Tallinn will forward this investigation as well as the other adoption documents to the U.S. Embassy in Helsinki where the child's medical exam is performed and immigrant visa is issued. Prospective parents should contact the Embassies in Tallinn and Helsinki respectively in advance to schedule appointments for the Orphan Investigation and immigration processing.

AGE AND CIVIL STATUS REQUIREMENTS: An adopting parent should be at least 25 years old (in exceptional cases the Court may give permission to adopt to a younger person). A child may be adopted by a couple only if they are legally married (two people of the same sex cannot adopt in Estonia). An individual can adopt a child if he or she is not married, or if he or she is divorced and the spouse has given permission for the adoption.

RESIDENTIAL REQUIREMENTS: There are no residency requirements for prospective adoptive parents in Estonia.

ADOPTION AGENCIES AND ATTORNEYS: Prospective adoptive parents may contact the U.S. Embassy in Tallinn, Estonia for a list of adoption agencies that are allowed to operate in Estonia. Neither the U.S. Department of State, nor the U.S. Embassy in Tallinn, Estonia can make any claims as to efficacy or professionalism of this agency.

Note: It is possible to apply directly to the Social Ministry until October 1, 2002. As of October 1st, 2002, the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (29 May 1993, Hague) will come into force for Estonia. According to this convention, private adoptions will no longer be possible. Each adopting parent or family will need to find an organization in their country of residence which are accredited to operate in Estonia. In the near future, the Ministry of Social Welfare will get in touch with adoption agencies that have applied to work in Estonia during the last three years, informing them what the requirements are in order to be selected. The Minister of Social Welfare and a commission will determine which agencies will be accredited to work in Estonia.

Prospective adoptive parents are allowed to use an attorney. However, as of October 1st, there will be no need for an attorney as prospective adoptive parents will be required to use an agency.

DOCUMENTARY REQUIREMENTS:
Prospective adoptive parents must send a letter of interest to the Ministry of Social Welfare (MSW) directly or through their adoption agency. The MSW will inform prospective adoptive parents to send the following documents which should also be translated into Estonian by a certified translator:

1) Home study, reflecting the material ability of the prospective adoptive parents to bring up a child, their suitability as adoptive parents and a recommendation for adoption;
2) Medical examination results indicating the prospective adoptive parents' state of health;
3) Documents pertaining to the financial condition of the prospective adoptive parents;
4) Marriage certificate (or photocopy);
5) Photocopies of the prospective adoptive parents' passports;
6) Any other information the parents feel would be useful for the MSW to know, including family heritage, ties to Estonia, letters of reference, etc.

AUTHENTICATION OF DOCUMENTS: U.S. civil records, such as, birth, death, and marriage certificates must bear the seal of the issuing office, then be authenticated by the states' Secretary of State in your state capital, the U.S. Department of State Authentications Office, and finally by the Estonian Embassy or Consulate in the United States. Copies of tax returns, medical reports and police clearances should also be authenticated, beginning with the seal of a notary public in the U.S. or other appropriate issuing office. The notary's seal should be authenticated by the clerk of court of the country where the notary is licensed or other similar authority. Check with the Estonian Embassy in Washington to see what seals and signatures the Consulate can authenticate. It may be possible to eliminate some of the authentication steps if the Consulate has the seal of the local issuing authority on file.

The U.S. Department of State Authentications Office is located at 518 23rd, NW, State Annex 1, Washington, D.C. 20522, tel: (202) 647-5002. Walk-in service is available 8 a.m. to 12 noon Monday-Friday, except holidays. The Department charges $5.00 per document for this service, payable in the form of a check drawn on U.S. bank or money order made payable to the Department of State.

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 .

EMBASSY OF ESTONIA IN THE UNITED STATES
2131 Massachusetts Ave, NW
Washington DC 20008
Tel: (202)-588-0101
Fax: (202)-588-0108

U.S. IMMIGRATION REQUIREMENTS

An Estonian child adopted by a 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. 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 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.

An Orphan. If an adopted child has not resided with and been in the legal custody of the adoptive 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:

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 meets the U.S. immigration law definition of "orphan" either because:
(a) 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
(b) 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 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 emigration 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," and "loss from both parents" 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.

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.

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 Estonia should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Helsinki, Finland as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the adopting parent(s) 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.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

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 obtains an approved I-600A may file an I-600 in person at the U.S. Embassy in Helsinki.

Documentary Requirements for the I-600A

• Approved Form I-600A (Application for Advance Processing of Orphan Petition),
• Fingerprints of each prospective adoptive parent on Form FD-258,
• Proof of the prospective petitioner's United States citizenship,
• Proof of the marriage of the prospective petitioner and spouse, if applicable,
• Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable,
• A "home study" completed by the appropriate State organization with a favorable recommendation
• Filing fee of U.S. $460.00

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 at the U.S. Embassy in Tallinn, Estonia will conduct this interview.

Upon arrival in Tallinn, prospective adoptive parent(s) should register at the Consular Section, American Citizens Services Section of the American Embassy. The Embassy will be able to provide information about any outstanding travel advisories, any recent changes in adoption procedures and other information about the country, including lists of physicians, attorneys, interpreters and translators.

U.S. EMBASSY IN TALLINN, ESTONIA
U.S. Embassy
Kentmanni 20
Tallinn, Estonia
Tel: 011-372- 668-8100
Fax: 011-372-668-8267
E-mail: consul@usemb.ee

VISA PROCESSING: The I-600 is filed at a U.S. Embassy after an adoptive parent has legal custody of a child. Immigrant visa processing for Estonian orphans is conducted at the U.S. Embassy in Helsinki, Finland. If an I-600A has already been approved, there is no additional fee for the I-600. However, if parents are adopting two or more biologically unrelated children, there will be a $332 fee for the second child.

Documentary Requirements for the I-600

• Form I-600, Petition to Classify Orphan as an Immediate Relative,
• Proof of the orphan's age,
• Death certificate(s) of the orphan's parent(s), if applicable,
• Proof that the orphan's sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan only has one parent,
• A final decree of adoption, if the orphan has been adopted abroad,
• Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage,
• 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.

U.S. EMBASSY IN HELSINKI, FINLAND
U.S. Embassy Consular Section
Itainen Puistotie 14A
Helsinki, Finland
Tel: 011-358- 9-171931
Fax: 011-358- 0-174681
Email: ConsularHelsin@state.gov

VISA FEES: Once the child has an approved I-600 and the adoption is final, the family will be given the forms to schedule a medical exam with one of the Embassy's panel physicians. An interview will follow. The child must appear in person at the interview.

In addition to the $332 filing fee for the I-600 petition (not applicable if the I-600A has been filed within one year of the I-600), there are other fees in the immigrant visa process:

Medical Exam: $ 55.00 (paid to panel physician)
Visa Application fee: $335.00
Visa Issuance fee: $ 65.00

The Embassy accepts payment of the visa fees in cash or by money order, in U.S. dollars or Finnish currency.

NATURALIZATION: Under the Child Citizenship Act of 2000, which became effective on February 27, 2001, children automatically become U.S. citizens 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 child who enters the United States on an Immediate Relative (IR) -3 visa, the child automatically becomes a U.S. citizen. A foreign-born child who enters the United States on an IR-4 visa and is 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 sections at either Embassy Helsinki or Embassy Tallinn or the nearest office of the Bureau of Citizenship and Immigration Services in the Department of Homeland Security. Additional information is available at ../family/childcitfaq.html

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS publication M-249Y, The Immigration of Adopted and Prospective Adopted Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Estonia may be addressed to the Consular Section of the U.S. Embassy in Estonia or the U.S. Embassy in Helsinki. 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, telephone 1-888-407-4747 with specific questions.

Information is also available 24 hours a day from several sources:

Telephone

Call Center -Toll Free Hotline: Overseas Citizens Services in the Bureau of Consular Affairs (CA/OCS) has established a toll free hotline for the general public at 1-888-407-4747. The OCS hotline can answer general inquiries regarding international adoption and will forward 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.

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.

BCIS web site: http://www.uscis.gov.

Other information:

Consular Information Sheets - The State Department has general information about hiring a foreign attorney and authenticating documents which may supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets (CIS's) 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.