INTERNATIONAL ADOPTION

POLAND

May 2004

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans.

ADOPTION AUTHORITY IN POLAND: Evaluation of children for foreign adoption can be done only by the adoption centers authorized to do so by the Minister of Economy, Labor and Social Welfare. At present, only the Public Adoptive-Guardian Center (Publiczny Osrodek Adopcyjno-Opiekunczy) has such authorization. The Center maintains a list of all children residing in orphanages who are available for international adoption because their parents have died, have relinquished all rights to them, or have had them relinquished by a court.

Mrs. Elzbieta Podczaska, Director
Publiczny Osrodek Adopcyjno-Opiekunczy
ul. Nowogrodzka #75
02-018 Warszawa

Tel/fax: 011 (if calling from the U.S.) 48 (Poland) 22 (Warsaw) 621-1075, 622-0372
(Mrs. Podczaska does not speak English, but members of her staff do.)

There are three adoption centers that are also authorized to qualify foreign prospective parents for adoption in Poland. The parents or duly licensed American adoption agencies may submit documents of candidates for adoption only to these centers:

• Public Adoptive-Guardian Center (address above)
• National Adoptive-Guardian Center of the Children’s Friends Society (Towarzystwo Przyjaciol Dzieci – TPD)
  Ul. Krakowskie Przedmiescie 6
  00-325 Warszawa
  Tel/fax: 011/48/22/827-7813; phone 435-4677 through 88
  e-mail: koao-tpd@wp.pl
• Catholic Adoptive-Guardian Center (Katolicki Osrodek Adopcyjno-Opiekunczy)
  Ul. Grochowska 194/196
  04-357 Warszawa
  Tel: 011/48/22/610-5149; fax: 610-6123

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Nothing in Polish law states the age requirements of adoptive parents. In practice, however, mothers may be up to 40 years older than the child, and fathers up to 45 years older. There is no discrimination against single applicants.

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

TIME FRAME: There is a 21-day appeal period between the time of the final adoption hearing and the time the court’s decision goes into legal force. The judge may shorten the appeal period to 14 days. Prospective adoptive parents can expect to stay in Poland at least three to four weeks before they can obtain all proper documentation and a new passport for the child.

Polish adoption procedures are complicated, time consuming and often require professional legal guidance. A competent lawyer may handle many of the legal formalities in Poland and help the adoptive parents communicate with the proper Polish authorities before they travel to Poland for the adoption hearing. The entire process may take a year or more.

ADOPTION AGENCIES AND ATTORNEYS: 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 Warsaw has a list of attorneys known to work in Poland. 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 on the website of the Bureau of Consular Affairs at http://travel.state.gov.

ADOPTION FEES IN POLAND: There is no fee for the registration as a prospective adoptive family with one of the three authorized adoption centers in Poland.

ADOPTION PROCEDURES: After the Adoption Center reviews an application, which typically occurs at meetings held twice a month, prospective adoptive parents should contact the Center to learn of the decision in their case. Once permission to adopt is granted, the Center identifies a child who meets the adopting family’s criteria, and for whom no Polish family can be found, and notifies the adoptive parents. The Embassy understands that the Adoption Centers consider favorably cases in which the child may be difficult to adopt in Poland, such as children with special needs, a sibling group or an older child.

A petition to adopt is filed with the Polish court in the region where the child resides. Polish law requires both adoptive parents to be present for at least part of the court procedure, which may involve two hearings. The court requires that both parents have seen the child before adoption. It is rarely possible to switch jurisdictions. Once the final hearing has been held, and the adoption is approved, a 21-day waiting period is imposed before the adoption is finalized. After the adoptive parents have the final court decree and the new birth certificate of the child, they must apply for a Polish passport in the child’s new name, and then proceed to the Embassy. Most parents spend at least three to five weeks in Poland to finalize an adoption. Two trips to Poland may sometimes be necessary before all requirements are completed.

DOCUMENTS REQUIRED FOR ADOPTION IN POLAND:

1. An application, in the form of a letter addressed to the Adoption Center requesting permission to adopt a Polish orphan and stating in your own words your reasons for wanting to adopt a child from Poland, is the first step in the process. Please specify any age, sex, or special needs preferences.
2. Birth certificate of the adoptive mother and father;
3. Marriage certificate, and termination of previous marriage(s), as applicable;
4. Good conduct police certificate;
5. Evidence of financial stability, such as tax returns, deeds to property, bank statements, letters from employers stating salary and length of service;
6. Proof of citizenship, such as a copy of a passport;
7. Certificate attesting to good physical and mental health of the adoptive parents;
8. Evidence of approval by local social service authorities for adoption as well as a copy of the home study conducted by a licensed agency.
9. Evidence of approval from the U.S. government to bring an adopted child into the U.S. - form I-171H (approved I-600A petition).

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD: All U.S. documents submitted to the Polish government -- such as birth, death, and marriage certificates -- must be authenticated by the Polish Embassy or Consulate with jurisdiction over the area where you live in the U.S. Contact the nearest Polish Embassy or Consulate General for specific information about Polish authentication of U.S. documents.

Please visit our Web site at travel.state.gov for additional information about authentication procedures.

EMBASSY AND CONSULATES IN THE UNITED STATES:
Embassy of the Republic of Poland -- Consular Section
2224 Wyoming Ave N.W.
Washington, D.C. 20008
Tel. 202/232-4517 or -4528
Internet: http://www.polandembassy.org.

Poland also has consulates in Chicago, Los Angeles, and New York.

U.S. IMMIGRATION REQUIREMENTS

Prospective adopting parents are strongly encouraged to consult U.S. CIS publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The U.S. CIS publication is available at the U.S. CIS Web site. The Department of State publication International Adoptions can be found on the Bureau of Consular Affairs Web site, http://travel.state.gov, under “International Adoptions.”

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 strongly advised 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. A consular officer will not be able to issue a visa to an adopted child if he or she does not meet the definition of legal orphan.

An Orphan: If an adopted child has not resided with and been in the legal custody of the adopting 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:
   1. 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
   2. 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 immigration 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:

1. If the adopting or prospective adopting parent is married, his or her spouse must also be a party to the adoption;
2. If the adopting or prospective adopting parent is single, he or she must be at least 25 years of age;
3. The adopting or prospective adopting parent must be a U.S. citizen.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

The I-600A and I-600 Petitions

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 Service (USCIS) before they can apply for an immigrant visa on the orphan’s behalf. The adjudication of such petitions can be very time-consuming and parents should begin the process early.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the USCIS 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 Poland.

Documentary Requirements for the I-600A

1. Approved Form I-600A (Application for Advance Processing of Orphan Petition),
2. Fingerprints of each prospective adoptive parent, taken at a local U.S. CIS office,
3. Proof of the prospective petitioner’s United States citizenship,
4. Proof of the marriage of the prospective petitioner and spouse, if applicable,
5. Proof of termination of any prior marriages of the prospective petitioner and spouse or
   unmarried prospective petitioner, if applicable,
6. A “home study” completed by the appropriate State organization with a favorable
   recommendation,
7. Filing fee of U.S. $525.00.

The I-600 is filed with the USCIS office with jurisdiction over the adopting parents’ residence or at the U.S. Embassy in Poland 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 is a $460 fee for each additional child.

Documentary Requirements for the I-600

1. Form I-600, Petition to Classify Orphan as an Immediate Relative,
2. Proof of the orphan’s age,
3. A final decree of adoption, if the orphan has been adopted abroad, or proof of legal custody for purposes of emigration and adoption
4. Proof of “orphan” status per definition above (ex. evidence of abandonment, written relinquishment, death certificates, etc.)
5. 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.
6. Proof that adopting parents have seen the child prior to or during adoption proceedings.

Detailed information about filing these forms can be found on the USCIS web site, www.uscis.gov. U.S. citizens who have adopted or hope to adopt a child from Poland should request, at the time they file these forms, that USCIS notify the U.S. Embassy in Poland 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 either I-600A or I-600 approval from a USCIS office in the U.S.

It is important for adoptive parents to inform their local USCIS field office that they are actively processing an adoption and will soon be filing an I-600 petition or requesting a visa appointment in Poland. After the Poland adoption is finalized, adoptive parents may file the I-600 petition at the U.S. Embassy as long as adoptive parents have already filed an I-600A application with a USCIS office in the U.S. and had the application approved. Prospective parents should not travel to Poland to complete the adoption and file the I-600 until they have confirmed with the Embassy that it has received notification from USCIS that the I-600A has been approved.

Fingerprints

An I-600 petition can be filed only if the petitioners (and all adult members of their household) have unexpired FBI fingerprint clearances. Though fingerprint are taken and checked by the FBI at the time prospective adopting parents file an I-600A, they are valid only for 15 months and must be re-done if the 15 months have expired.. The validity period for the I-600A is 18 months and is not tied to the fingerprint checks. Thus, it is possible for adopting parents to have a valid I-600A and expired fingerprint checks at the same time. Prospective adopting parents should verify that their fingerprint check are current and will not expire before traveling to Poland to adopt. If the fingerprints are about to expire soon, prospective adopting parents should contact their USCIS office and have their fingerprints retaken. If your fingerprints are not valid when you come to file the I-600 petition in Warsaw, the Embassy staff will have to take them and send them to the FBI for the background check, which will delay an adopting family’s return to the United States by several days.

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. The investigation is conducted in one of three ways: 1) if there is a Department of Homeland Security, by a DHS officer at the U.S. Embassy where the child was adopted from; 2) during the immigrant visa interview with a consular officer at a U.S. Embassy in the country where the child was adopted from; 3) a separate orphan investigation interview with a consular officer at the U.S. Embassy where a child from, but the immigrant visa is issued at another U.S. Embassy. A consular officer at the U.S. Embassy in Poland will conduct this investigation during the immigrant visa interview.

REQUIREMENTS FOR THE IMMIGRANT VISA

U.S. law requires that the adopted child, regardless of age, be brought to a U.S. Embassy for a personal appearance before the consular officer at the time of the interview for the immigrant visa. Adoptive parents must contact the Immigrant Visa Unit to schedule a visa interview, 48/22/504-2000. Please do not make final, non-refundable travel plans to leave Poland until you have your child’s visa in hand.

Required Documents for IR-3 and IR-4 Visas:

1. Confirmation from the USCIS of an approved and valid I-600A petition;
2. Completed I-600 petition, with original signatures by both adopting parents. The I-600 forms can be downloaded from the USCIS website at: uscis.gov/graphics/formsfee/index.htm
3. Completed Immigrant Visa application, form DS-230, Parts I and II, signed by one parent on behalf of the child, in the presence of a consular officer. Information on the form should pertain to the child, not the adopting parents. These forms can be downloaded from our web site at http://www.travel.state.gov.
4. Documents to show the consular officer that the child will not be a public charge in the U.S., for example, a job letter, tax returns, bank statement or other proof of the adoptive parent’s or parents’ assets in the U.S.
5. Results of the child's immigrant visa physical examination, including a vaccination report.
6. An Affidavit of Acknowledgement of Health Problems of Adopted Child. Both parents' signatures should be notarized. Please do not sign this document before you come to the Embassy - it must be signed under oath in the presence of a U.S. Consular Officer. Alternatively, it can be notarized in the U.S. Please make sure to include all health problems that are listed in the adoption court decree and medical history of the child(ren) (if available).
7. Affidavit of Vaccinations Requirement Waiver. Please do not sign this document before you come to the Embassy - it must be signed under oath in the presence of a U.S. Consular Officer. The form may be signed by either of the adopting parents and notarized by a U.S. Consular Officer or U.S. notary public. This form is required only for children 10 years of age and younger. You can download this form here.
8. Immigrant visa fee of U.S. $335 cash, payable at the time of the interview.
9. An original and copies of the foreign adoption decree.
10. An original and two copies of a birth certificate issued in the child's new (adopted) name.
11. Two copies of the court decree declaring that the child is an orphan and/or unambiguously declaring that any surviving parents have no legal parental rights. If applicable, adopting parents may present two copies of a certificate of abandonment produced by the biological parents, the police or the hospital.
12. Two notarized copies of the child's pre-adoption birth certificate.
13. The original and a copy of the orphanage's medical report/medical history for the child.
14. The original and a copy of the passport for the country of origin, issued in the child's new adopted name.
15. The original and a copy of each of the adopting parents’ passports.
16. Two passport-size photographs of the child with a three-quarter profile, showing the right ear. U.S. Embassies that issued the new Machine-readable immigrant visa (MRIV) require one photo in three-quarter profile showing the right ear and a second one showing the frontal facial photo.

Additional possible requirements for an IR-4 visa:

17. Certified copy of the approved home study.
18. Evidence that the pre-adoption requirements of the adopting parents' state of residence have been met.
19. Evidence that re-adoption is legally possible in the parents' state of residence, if applicable.
20. A notarized statement from the parent who has not met the child, that he or she intends to adopt the child in the United States.
21. Form I-864 Affidavit of Support and supporting documentation. For instructions, please see travel.state.gov/immigrantvisas.html#aos

The immigrant visa is valid for 180 days from date of issuance (i.e. adopting children have 180 days to use the immigrant visa to travel to the United States. Do NOT open the sealed envelope for the USCIS. Documents submitted to the Embassy are in this packet and will not be returned. Therefore, adopting parents should obtain extra originals or certified copies of the adoption decree and the child's new birth certificate for their personal use in the future, including for application for a U.S. passport and Social Security number. The packet should be in carry-on luggage and must be presented intact to the USCIS officer at the port of entry.

U.S. EMBASSY IN POLAND:

As soon as prospective adoptive parents arrive in Poland, they should contact the Consular Section of the U.S. Embassy to register their presence in Poland.

American Embassy -- Consular Section
IV Unit/Adoptions
Ul. Piekna 12
00-540 Warsaw, Poland
Tel: 011/48/22/625-1401 or 504-2000;
Fax: 504-2039
E-mail: adoptwrw@state.gov
General e-mail inquiries: publicwrw@state.gov
http://www.usinfo.pl/

NATURALIZATION: Under the Child Citizenship Act of 2000, which became effective on February 27, 2001, orphans adopted by U.S. citizens acquire U.S. citizenship automatically 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 adopted orphan who enters the United States on an Immediate Relative (IR) –3 visa becomes a U.S. citizen upon admission. A foreign-born orphan, 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 U.S. Citizenship and Immigration Service. Additional information is available at http://www.travel.state.gov/childcitfaq.html.

ADDITIONAL INFORMATION: Specific questions about adoption in Poland may be addressed to the U.S. Embassy in Poland. General questions regarding international adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-404-4747.

Useful information is also available from several other sources:

• Telephone:
  • Call Center -Toll Free Hotline: Overseas Citizens Services toll-free hotline in the Bureau of Consular Affairs is 1-888-407-4747. The OCS hotline can answer general inquiries regarding international adoption and forwards 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.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
  • DHS Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
• Internet:
  • Adoption Information Flyers: the Consular Affairs web site, at: http://travel.state.gov/ contains international country adoption information flyers like this one and the International Adoptions brochure.
  • Consular Information Sheets: The State Department has general information about hiring a foreign attorney and authenticating documents that 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 http://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.
• CIS web site - http://uscis.gov/