U.S. Department of State

U.S. Department of State
 
 

INTERNATIONAL ADOPTION

TURKEY

October 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.

PLEASE NOTE: Under Turkish adoption law, a prospective adoptive parent is given provisional custody of an orphan to care for him or her for one year. This is called a Care Contract. Although a child may reside outside of Turkey for the Care Contact period, he or she must return to Turkey in order for Turkish authorities to legally approve the adoption and for a judge to issue the adoption decree.

U.S. visa requirements state that anyone applying for a non-immigrant visa (e.g., tourist or student) to come to the United States must demonstrate that he or she will return to their country of origin. If they cannot, the visa application will be denied. It is difficult for consular officers to issue visas to prospective adoptive children to complete pre-adoption foster requirements in the United States because the child usually has no ties to his or her country of origin that demonstrate a reason to return.

There are two U.S. immigrant visas that can be issued to orphans adopted by U.S. citizens to reside permanently in the United States. The first one is the Immediate Relative (IR-) 3 visa. This visa is issued to orphans who are fully adopted in their home country, have been seen by the adoptive parents during the adoption and parents have met their state of residence pre-adoption requirements. The other immigrant visa is the IR-4 visa. This visa issued to children who will immigrate to the United States for the purposes of being adopted in the U.S., with the adoption pronounced by a U.S. state court. The U.S. citizen prospective adoptive parent must have full, not provisional legal, guardianship of the child in order to apply for this visa. The Turkish Care Contract is a provisional guardianship and therefore does not meet the requirements for the issuance of an IR-4 visa. Although the U.S. Embassy in Ankara has issued IR-4 visas to Turkish orphans children in the past, the Embassy has since learned that the Care Contract is only a provisional guardianship, which does not meet the requirements for issuing an IR-4 visa. The Embassy no longer issues immigrant visas to Turkish orphans when adoption requirements have not yet been completed.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Turkey and applying for an immigrant visa for the child to come to the United States. This process involves complex Turkish 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 Turkey 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 Turkey orphans adopted abroad - 0
IR-4 immigrant visas issued to Turkey orphans adopted in the U.S. - 7
FY-1998: IR-3 Visas - 1, IR-4 Visas - 0
FY-1999: IR-3 Visas - 5, IR-4 Visas - 4
FY-2000: IR-3 Visas - 2, IR-4 Visas - 8
FY-2001: IR-3 Visas - 1, IR-4 Visas - 3

TURKEY ADOPTION AUTHORITY: The government office responsible for adoptions in Turkey is the T.C. Basbakanlik Sosyal Hizmetler ve Cocuk Esirgeme Kurumu Genel Mudurlugu.
Address
Anafartalar Cad. N: 70 Ulus
Ankara, Turkey
Phone: 90-312-231 9665
Fax: 90-312-231 0650

TURKEY ADOPTION PROCEDURES: There are two ways to adopt a child in Turkey:
1. By reaching an agreement between biological parent(s) and adoptive parent(s), follow up the legal procedures, and sign up a contract at a notary public.
2. Through the adoption authority, from the orphanage.
(Note: The adoptive parents should be careful when making arrangements with third persons)

AGE AND CIVIL STATUS REQUIREMENTS: According to the present law which is about to change, (The Parliament is working on the new Civil Code which has major changes.): The adoptive parent must be at least 35 years old and the adoptive parent and child must have at least 18 years age difference. In the case of a married couple, both spouses may jointly adopt the child. Priority is given to childless, married couples, but, couples with children are not prohibited from adopting. If only one adopts the child, the other must give his or her consent. The adoptive parent may also be single.

ADOPTION AGENCIES AND ATTORNEYS: Only private attorneys, no agencies. Attached please find the selective list of attorneys in Ankara Consular District and consular district of Istanbul (*)

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 Turkey.
Name/Add
Dr. Fevzi Renda
Iran Caddesi No:15/2
Kavaklidere, Ankara
Tel: 90-312-467 0006
Hours: 10:00 - 18:00

Dr. Isfendiyar Candan
Mithatpasa Cad. No:68/1
Yenisehir, Ankara
Tel: 90-312-418 6780
90-312-425 7773
Hours: 15:00 - 19:00

Dr. Lale Tuncel
Tunali Hilmi Cad. No:79/4
Kavaklidere, Ankara
Tel: 90-312-467 0010
90-312-468 6151
Hours: 10:00 - 18:00

Admiral Bristol Hospital
Guzelbahce Sokak Nisantasi, Istanbul
Tel: 90-212-230 0165
Hours: Mon-Fri 13:00
Saturday 10:00

TURKEY DOCUMENTARY REQUIREMENTS:

  • Civil documents showing the adoptive parents' civil status; (e.i. marriage license, birth record)
  • Financial documents;
  • Police clearance documents;
  • Health records of adoptive parent.

U.S. IMMIGRATION REQUIREMENTS

A Turkish 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 16 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 Ankara. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Ankara for more information.

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 REQUIREMENTS

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 Ankara .

Detailed information about filing these forms can be found on BCIS's web site at http://www.uscis.gov. Americans who have adopted or hope to adopt a child from Turkey should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Ankara as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents 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 US.

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.

TURKISH EMBASSY (and Consulates) IN THE UNITED STATES:
Turkish Embassy
1714 Massachusetts Avenue, NW
Washington, D.C 20036
Phone: 659-8200

Turkey also has Consulates in:
1) Los Angeles, California (Consulate General)
2) Chicago, Illinois (CG)
3) New York, New York (CG)
4) Houston, Texas (CG)

U.S. EMBASSY (CONSULATE) IN TURKEY:
American Embassy
110 Ataturk Blvd.
06100 Ankara, Turkey
Kavaklidere
Tel: 90-312-455 5555
Fax: 90-312-468 6131

American Consulate General Istanbul
Mesrutiyet Caddesi No: 104/10
Tepebasi
80050 Istanbul, Turkey
Tel: 90-212-251 3602
Fax: 90-212-251 3632

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 Turkey may be addressed to the Consular Section of the U.S. Embassy or Consulate in Turkey. 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.

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

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.