U.S. Department of State

U.S. Department of State
 
 

INTERNATIONAL ADOPTION

MOLDOVA

February 2004

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.

All Immigrant Visa processing for Moldovan citizens, including adopted orphans, is done at the U.S. Embassy in Bucharest, Romania. The U.S. Embassy in Chisinau, Moldova conducts the I-604 orphan investigation and a mandatory review of documents to verify an adopted orphan can qualify for a U.S. immigrant visa. Please see below under “U.S. Immigration Requirements” for further details.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Moldova 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 Moldova 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.

ADOPTABILITY OF MOLDOVAN ORPHANS: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans (IR-3 and IR-4 visas combined)*:
FY 2003…. 12
FY-2002…. 7
FY-2001…. 46
FY-2000…. 79
FY-1999…. 63

*Immediate Relative (IR)-3 visas are issued to orphans adopted in Moldova. IR-4 visas are issued to orphans adopted or re-adopted in the United States.

International adoptions are permitted in exceptional cases, when no relatives or other Moldovan families are able to adopt orphans or become their guardians. Children who have health or developmental problems that Moldovan families cannot afford to treat are also considered exceptional cases.

Information about children eligible for adoption is published in the Monitorul Official, the Moldovan government’s official register. After publication, an adoptable child is available for domestic adoption by Moldovans for six months. After six months, an adoptable child is available for international adoption.

Prospective adoptive parents may indicate the sex and age range they prefer.

MOLDOVAN ADOPTION AUTHORITY:

Ms. Raisa Lozinschi,
the Executive Secretary
Secretariatul Comitetului pentru Infiere a Moldovei (The Moldovan Adoption Committee) #1,
Piata Marii Adunari Nationale room # 424
Chisinau, Moldova
Tel: (373 22) 232-255

AGE AND CIVIL STATUS REQUIREMENTS: Minimum age requirement for adopting parents is 25, and maximum is 50, unless one parent of a married couple is under the age of 50. Married couples and single people may adopt; unmarried couples may not adopt from Moldova.

RESIDENTIAL REQUIREMENTS: There are no residency requirements for foreign adoptive parents.

TIME FRAME: An adoption can take 6-9 months to complete, from the time a child is matched with prospective adoptive parents to the completion of the adoption.

ADOPTION AGENCIES AND ATTORNEYS: Prospective adoptive parents from Moldova are required to use an accredited adoption agency when adopting in Moldova. There are seven U.S. based adoption agencies accredited by the Moldovan Adoption Committee.

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. The U.S. Embassy in Moldova has a list of agencies known to work in Moldova. Neither the U.S. Embassy nor the Department of State can vouch for the efficacy or professionalism of any agent or facilitator.

Please see Important Notice Regarding Adoption Agents and Facilitators at the Web site for the Bureau of Consular Affairs at http://travel.state.gov.

Wide Horizons for Children, Inc.
38 Edge Hill Road,
Waltham, MA 02451
TEL: 781-894-5330
FAX: 781-899-2769
Internet: http://www.whfc.org/

Spence Chapin Services
6 East 94th Street
New York, NY 10128-0698
TEL: 212-369-0300
FAX: 212-722-0675
Internet: http://www.spence-chapin.org/

Special Additions
P.O. Box 10
19055 Metcalf Ave
Stilwell KS 66085 USA
Tel. 913-681-9604
Fax.913-681-0748
Email: specialadd@aol.com
Internet: http://www.specialad.org/

East West Adoptions, Inc.
2 Parnassus Road
Berkeley, CA 94708
510-644-3996 (voice)
603-908-8473 (fax)
Email: info@eastwestadopt.com
Internet: http://users.lmi.net/ewadopt/

Adoption Associates Inc.
1338 Baldwin
Jenison, MI 49428
TEL: 616-667-0677
FAX: 616-667-0920
Email: adopt@adoptassoc.com
Internet: http://www.adoptassoc.com/

Carolina Adoption Services
301 North Elm Street, Suite 500
Greensboro, NC 27401-2189
Phone 336.275.9660
Fax 336.273.9804

1601 Oak St., Suite 107
Myrtle Beach, SC 29578
TEL:1-800-632-9312 (in-state callers)
Email : info@carolinaadoption.org
Internet: http://www.carolinaadoption.org/

Wasatch International Adoptions
3725 Washington Blvd Suite 9
Ogden, UT 84401
TEL: 801-334-8683
FAX: 801-732-8905
Email: mailto:info@wiaa.org
Internet: http://www.wiaa.org/

ADOPTION PROCEDURES:

The process begins when a registered international adoption agency, through its Moldovan representative, forwards a file about prospective international adoptive parents to the government’s Adoption Committee.

The Committee forwards the file to the Education Directorate in the judets (county) where a prospective adoptable child resides.

The local Inspector for the Protection of Children’s Rights in the judets, together with the physician and director of the orphanage, examines the file and matches a family with an eligible child.

The prospective international adoptive parents are then provided with complete, official information about the child, including health and family background. The representative sends the prospective parents this information including photographs or a video of the child. The Moldovan representative will also send answers from the Moldovan authorities on all additional questions the parents have about the child. The prospective parents have the option to refuse a prospective adoptive child. In this case they must inform the Moldovan authorities in writing of their decision.

If the prospective parents agree to accept the child, they send a letter to the Committee through their agency’s representative, acknowledging that they are aware of any specific health or other problems, and nevertheless accept the child. The orphanage receives a copy of the letter.

The judets’ Directorate of Education approves the prospective adoption providing full information on the adoptive parents and the adopted child. The Directorate of Education writes the Notice of Approval of Adoption, and then forwards the file to the Adoption Committee. The Committee then decides whether to approve the adoption. Although prospective adoptive parents do not need to travel to Moldova to meet their adoptive child at the time of the acceptance of the match, they must to appear in court in Moldova to finalize the adoption.

The approved adoption file then proceeds to the court system through the judets’ Inspector for the Protection of Children’s Rights.

After the court decision on the adoption comes into effect the child must obtain a travel passport, birth certificate and adoption certificate.

DOCUMENTARY REQUIREMENTS: The following documents are required for an international adoption from Moldova.

  • An adoption application which contains: name; year, month and day of birth; residence of the adoptive parent(s); name; year, month and day of birth; residence of the child to be adopted, file data about parents and siblings of the child; reasons and confirmation of reasons for adoption; written request to change name, place of birth, date of birth (in the case of adoption of a child who is 1 year of age or over), and register adoptive parents on the child’s birth certificate as the birth parents.
  • The following documents shall be attached to the application:
  • A copy of the adoptive parent’s birth certificate, if the adoption is solicited by an unmarried person;
  • A copy of the marriage certificate of the adoptive parents if the adoption is solicited by a married couple;
  • The written consent of the spouse or a document confirming the divorce and that former spouses do not live together for at least one year, if the adoption is solicited by one of the spouses. If it is impossible to attach such a document, the application shall include proof to confirm this;
  • Health certificate of the adopters. The following conditions disqualify prospective adoptive parents from adopting in Moldova: HIV/AIDS, psychological and behavioral conditions, drug addiction, chronic alcoholism, chronic somatic diseases (disability of the 1st and 2nd degree), cancerous forms of oncological diseases, viral hepatitis B,C,D. The following conditions may temporarily disqualify a person from adopting: sexually transmitted diseases, tuberculosis and severe virulent diseases;
  • A certificate from the adopter’s work place, which shall include the title of position and the wage or a copy of the income statement or of a similar document;
  • A legalized copy of the document confirming the adopter’s usage or ownership right over a dwelling;
  • The court presiding over the adoption may ask for additional documents accepted by law, including criminal records, if applicable; and
  • Approval by the adopting parents’government and permission for the adopted child to reside in their new country of residence.

All documents must be properly legalized.
Two copies of documents attached to the adoption application shall be submitted.

AUTHENTICATION PROCESS: All U.S. documents submitted to the Moldovan government, such as birth, death, and marriage certificates, must be authenticated. The authentication process begins by obtaining the seal of a U.S. notary public or the appropriate document issuing office. The seal is authenticated by the clerk of court in the county where the notary is licensed or by a similar authority. The document must then be authenticated by your state's Secretary of State, and then by the U.S. Department of State Authentication Office (518 23rd Street, NW, State Annex 1, Washington, D.C., tel. (202) 647-5002, or 1-800-688-9889, choose item 6. Walk-in service is available from 7:30 a.m. until 11:00 a.m. any weekday except holidays and is limited to 15 documents per person per day (documents can be multiple pages). The fee is $6.00 per document. Processing time for authentication requests sent by mail is 5 working days or less.

After the Department of State has authenticated the documents, the Moldovan Embassy or Consulate having jurisdiction over the region where you live must authenticate the documents. Contact the nearest Moldovan Embassy or Consulate for specific information about Moldovan authentication of U.S. documents.

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

MOLDOVAN EMBASSY IN THE UNITED STATES:

2101 S. Street N.W.
Washington, D.C. 20008
Tel: (202) 667-1130, (202) 667-1131, or (202) 667-1137,
Fax: (202) 667-1204
E-mail: moldova@dgs.dgsys.com.

U.S. IMMIGRATION REQUIREMENTS

A child adopted by a U.S. citizen must obtain an immigrant visa before he or she can enter the U.S.. The child must be an orphan, as defined by U.S. immigration regulations. 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:

  1. The child must be under the age of 16 at the time an I-600 Petition is filed with the DHS on his or her behalf;
  2. 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;
  3. 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,” “loss from both parents,” “sole” and “surviving” parent 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 DHS 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; and
  • The adoptive or prospective adoptive parent must be a U.S. citizen.

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. Citizenship and Immigration Services (U.S. CIS) 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 U.S. Citizenship and Immigration Services (CIS) 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 Bucharest, Romania.

Documentary Requirements for the I-600A

  • Completed 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;
  • 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; and
  • Filing fee of U.S. $525.00

The I-600 is filed at the U.S. Embassy in Bucharest, Romania after an adoptive parent has legal custody of a child. If an I-600A has already been approved, there is no fee. However, if parents are adopting two or more biologically unrelated children, there will be a $525.00 fee for the second child.

Documentary Requirements for the I-600

  • Completed 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 of orphan status (for example, evidence of abandonment, or 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);
  • A final decree of adoption, if the orphan has been adopted abroad.

If not submitted previously in an I-600A, the documents listed above in the I-600A section must also be provided with the I-600 (in this case, the I-600 must be filed with the CIS office with jurisdiction over the prospective parent’s residence, rather than the Embassy in Bucharest).

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

The Orphan Investigation

One part of the petition process which CIS 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 Moldova will conduct this investigation.
In order to be prepared for your I-604 interview at the U.S. Embassy in Chisinau, adoptive parents must have their U.S. passport and the following documentation and the corresponding English language translations:

  • A certified copy of the child's original Moldovan birth certificate;
  • The child's new birth certificate;
  • The letter of recommendation on the adoption from the MAC;
  • The approval letter from the judge (a.k.a. the adoption decree);
  • The child's Moldovan medical report;
  • Proof that the child has been abandoned by his/her birth parents, or that the child otherwise fits the definition of orphan; and
  • A statement from the orphanage that the child has not been visited by anyone, including known or suspected relatives, for at least the last six months.

This I-604 adoption interview with a Consular Officer is an important part of the international adoption process. It is an opportunity for a Consular officer in Moldova to see the locally generated documentation on each adoption, to review the information with the prospective adopting parents, and to send advance information to the American Embassy in Bucharest, Romania. If there is a problem with an adoption, the consular officer in Moldova will be able to discuss it with the prospective adopting parents and try to find a solution to the problem BEFORE the prospective adopting parents and their new child travel to Bucharest for the child's immigrant visa interview.

After the I-604 interview at Embassy Chisinau (which can last anywhere from 30 minutes to one hour), the prospective adopting parents and their newly adopted child proceed to the American Embassy in Bucharest, Romania. All immigration processing for Moldovan orphans is completed in Bucharest. We strongly recommend you to make an appointment for an immigrant visa interview with the Immigrant Visa Section at the U.S. Embassy in Bucharest before you traveling to Romania. Tel: +40 21 210 4042.

Planning Your Trip Home
Adoption of a child from Moldova requires an extra step, since you must have an I-604 INTERVIEW AT EMBASSY CHISINAU AND an IMMIGRANT VISA INTERVIEW AT EMBASSY BUCHAREST. Because we understand this, we try very hard to accommodate your travel schedules. Embassy Chisinau is open Monday through Friday from 09.00 to 18.00. Please call us and we will schedule an appointment for your I-604 interview in advance.
Once the I-604 investigation is complete, the adoptive child and parents must travel to Bucharest, Romania, to apply for an immigrant visa for the United States. In general, applying for the immigrant visa involves submission of DS-230 application forms, evidence that the I-600 and/or I-600A have been approved and a review of information obtained during the I-604 investigation about the orphan’s status. Consular officers will also ensure that the child has a valid passport for travel to the United States, a satisfactory medical exam from a panel physician, and evidence of financial support (apart from that provided with the I-600A or I-600). Please visit the Web site for the U.S. Embassy in Bucharest for more information on immigrant visa application procedures at www.usembassy.ro.

U.S. EMBASSY IN MOLDOVA
strada A. Mateevici 103
Chisinau, Moldova MD-2009
Tel.: (373 22) 23-37-72 or 40-83-00.
Fax: (373 22) 22-63-61
Email: Chisinauca@state.gov

U.S. EMBASSY IN BUCHAREST, ROMANIA
Filipescu 26
Bucharest, Romania
Tel: +40 21 210 4042
Fax: +40 21 211 3360
Email: adoptionsbucharest@state.gov
Internet: www.usembassy.ro

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 upon admission. 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 section at the U.S. Embassy or the nearest office of the Immigration and Naturalization Service. Additional information is available at http://www.travel.state.gov/../family/childcitfaq.html

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. The BCIS publication is available at the U.S. CIS Web site. The Department of State publication can be found on the Bureau of Consular Affairs Web site under “International Adoptions” (see link below to return to International adoptions page).

QUESTIONS: Specific questions regarding adoption may be addressed to the Consular Section of a U.S. Embassy or Consulate abroad. Parents may also contact the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-404-4747 with specific questions.

Information is also available 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.
    - Immigration and Naturalization Service - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
  • Automated fax - contains the full text of the office’s international adoption information flyers and general information brochure, International Adoptions. From the telephone on your fax machine, call (202) 647-3000.
  • Internet - the Consular Affairs web site, at: travel.state.gov contains international adoption information flyers and the International Adoptions brochure.
  • CIS web site - 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 (CISes) 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 travel.state.gov or by calling the State Department's Office of Overseas Citizen Services at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the Internet web site, as above.