U.S. Department of State

U.S. Department of State
 
 

INTERNATIONAL ADOPTION

MACEDONIA (Former Yugoslav Republic of Macedonia)

July 2001

DISCLAIMER: This document regarding the legal requirements on adoption 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 from Macedonia and petitioning for an immigrant visa for the child to come and live with them in the United States. This process involves complex Macedonian 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 the U.S. Consular Office in Macedonia before formalizing an adoption agreement to ensure that appropriate procedures have been followed thus making it possible for the Embassy to issue a U.S. immigrant visa for the adopted child.

AVAILABILITY OF CHILDREN FOR ADOPTION: In general, the number of requests for adoption is significantly higher than the number of children available for adoption.

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

* Please note: The American Embassy in Belgrade had jurisdiction over the Macedonian consular district until March 1999. Most Macedonian immigrant visas were issued in Belgrade*

MACEDONIAN ADOPTION AUTHORITY: The office responsible for foreign adoptions in Macedonia is the Ministry of Labor and Social Affairs, whose address is:

14 Dame Gruev St.
Skopje 1000
Tel: 389-2-106-226

The completion of the adoption case in Macedonia involves a choice of a name and place of birth within Macedonia for the child made by the adoptive parents. A birth certificate is then issued within 2-3 days and the names of the adoptive parents are listed in the birth certificate as biological parents. The next step is for the adoptive parents to apply for a Passport for Foreigners (A Macedonian passport for their adopted child in order to apply for immigrant visa at the American Embassy in Skopje. Parents should be aware that adopted children lose their Macedonian nationality once the adoption is completed.

AGE AND CIVIL STATUS REQUIREMENTS: There are no age requirements or restrictions on who may adopt an infant from Macedonia.

ADOPTION AGENCIES AND ATTORNEYS: The Macedonian Ministry of Labor does not deal with any adoption agency or lawyer for foreign adoptions. The Ministry will only communicate directly with the adoptive parents.

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 Macedonia.

DOCUMENTS REQUIRED FOR ADOPTION: The following documents are required by the Macedonian Ministry of Labor and Social Affairs:

  • Home study conducted by U.S. authorities
  • Certified Copy of a Birth Certificate for each parent (issued within the last 6 months);
  • Certified Copy of the parent’s Marriage Certificate (issued within the last 6 months);
  • Medical certificate certifying good mental and physical condition for each parent;
  • Certificate from a Office of Social Services from the parent’s state of residence certifying that the adoptive parents were never deprived of their parental rights;
  • A letter from the employer for each parent showing that they have a current employment;
  • Notarized/authenticated Statement showing proof of adequate financial status sufficient to support a child;
  • Request for adoption;
  • Approved petition from the BCIS (Form I-171H);

Each parent should present a separate document from item 2 to 6. The documents must be translated in Macedonian, and certified by a licensed court translator.

U.S. IMMIGRATION REQUIREMENTS

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

2 If a married couple is adopting the child and only one of the parents will travel to Macedonia, 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 visa interview.

MACEDONIAN EMBASSY AND CONSULATE OFFICE IN THE UNITED STATES:

Embassy of the Former Yugoslav Republic of Macedonia
3050 K. Street NW
Suite 210
Washington, D.C. 20007
Tel: 202-337-3063
Fax: 202-337-3093

Consulate General of Former Yugoslav Republic of Macedonia
866 United Nations Plaza
Suite 4018
New York, NY 10017
Tel: 212-317-1727
Fax: 212-317-1484

U.S. EMBASSY IN MACEDONIA:

U.S. Embassy Macedonia
Ilindenska, b.b.
1000 Skopje
Tel: 389-2-116-180
Fax: 389-2-213-767

ADDITIONAL INFORMATION: Potential 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: Any further questions regarding adoption of an infant from Macedonia may be addressed to the Consular Section of the U.S. Embassy in Macedonia. 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, phone 1-888-407-4747 with specific questions.

Information is also available 24 hours a day:

Telephone

Office of Children’s Issues - recorded message regarding changes in adoption procedures and general information, 1-888-407-4747 .

State Department Visa Office - recorded message regarding immigrant visas for adopted children, (202) 663-1225 .

Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) - recorded message regarding requests for immigrant visa application forms, 1-800-870-FORM (3676).

Internet

The Consular Affairs web site http://travel.state.gov has information on international adoptions 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 situation, and crime reports.