U.S. Department of State

U.S. Department of State
 
 

INTERNATIONAL ADOPTION

TURKMENISTAN

January 2003

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: No law currently exists that expressly governs adoption by foreigners in Turkmenistan, as a result, adoption cases vary significantly, and can present serious difficulties for adopting parents.

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.

"Immigrant visas for children adopted in Turkmenistan are processed at the U.S. Embassy in Moscow. Please plan to stay a minimum of three business days in Moscow to obtain documents and complete the medical exams necessary for the immigrant visa interview. Parents should calculate a five-day "cushion time" in the validity dates they request when applying for a Russian visa. For parents adopting in Turkmenistan and traveling to Moscow to obtain Immigrant Visas for their children, the U.S. Embassy in Moscow strongly recommend obtaining a full-validity Russian visa rather than transit visa for this purpose. Transit visas are only issued for duration of one or two days and are impossible to extend in most cases. The U.S. Embassy in Moscow also recommends that flight arrangements for departing Russia not be finalized until the immigrant visa is issued."

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Turkmenistan and applying for an immigrant visa for the child to come to the United States. This process involves complex Turkmen 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 parent(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Turkmenistan 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: "There have been two adoptions of local children by American citizens in the past five years."

TURKMEN ADOPTION AUTHORITY: The government office responsible for adoptions in Turkmenistan is the Commission on Guardianship and Trusteeship of the mayor's office of each city in Turkmenistan.

TURKMEN ADOPTION PROCEDURES: The mayor's office in the city where the adoption is taking place gives final approval on an adoption. Article12 of the Soviet Code of Marriage and Family governs this process for Turkmen citizens. Previous experience of adopting families from outside Turkmenistan indicates that Article 12 also applies to foreigners regarding documentation requirements. To date the adoption process in Turkmenistan for foreigners has worked as follows:

  • Foreign Adoptive parents submit an application and supporting documents to the Ministry of Foreign Affairs (MFA).
  • The MFA sends the paperwork to the Ministry of Education (MOE) under cover of an official letter signed by the First Deputy Minister requesting consideration of the case;
  • The MOE then sends two official letters, one to the mayor's office where the adoption will take place asking the mayor to consider the case, and another to the Ministry of Justice (MOJ), requesting advice on legal provisions;
  • The MOJ sends its findings to the mayor's office;
  • With the letters and the legal findings in hand, the mayor convenes a meeting attended by him or herself, a special board, and the adoptive parents. The board reviews the paperwork and interviews the adoptive parents. If the mayor allows the adoption to go forward, he or she issues a decree to that effect;
  • This decree must be brought to ZAGS (the State Office of Vital Statistics) in order for the child to receive a birth certificate in which the adopting parents are named as the child's parents;
  • The parents then apply to the MFA for a passport and exit visa for the child.

As this process is not governed by any existing law prospective parents should be prepared for changes and/or new requirements and the possibility of corruption and fraud in the government bureaucracy.

AGE AND CIVIL STATUS REQUIREMENTS: Adoptive parents may be adult men or women except for:

  • persons that have been deprived of parental rights;
  • disabled or partially disabled persons;
  • persons convicted for non-payment of child support;
  • parents who have had their adopted child removed by authorities for failure to fulfill their parental obligations.

ADOPTION AGENCIES AND ATTORNEYS: There are no host-government approved adoption agencies or attorneys in Turkmenistan.

DOCTORS: The U.S. Embassy maintains a current list of doctors and sources for medicines should either you or your child experience health problems while in Turkmenistan.

TURKMENISTAN DOCUMENTARY REQUIREMENTS: All papers must be translated into Russian and notarized locally. Adoptive parents will need:

  • health certificates, including certificates from the narcotics clinic and skin and venerology clinics;
  • a certificate listing all immediate family members;
  • a character reference from the adoptive parents' employer(s);
  • the copies of the passports;
  • a marriage certificate;
  • proof of earnings and employment;
  • proof of residence;
  • proof that the adoptive parents have never had their parental rights revoked
  • a statement explaining the reason the parents want to adopt.

The child needs:

  • a copy of the birth certificate;
  • a health certificate;
  • a statement indicating the reason the child is eligible for adoption, i.e. death of parents or abandonment.

U.S. IMMIGRATION REQUIREMENTS

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

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 Turkmenistan should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Ashgabet 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.

TURKMEN EMBASSY IN THE UNITED STATES:
Embassy of Turkmenistan
2207 Massachusetts Ave., NW
Washington, D.C. 20008
Tel: 202-588-1500
Fax: 202-588-0697

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 Turkmenistan may be addressed to the Consular Section of the U.S. Embassy in Turkmenistan. 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: 1-800-407-4747, 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 Adoption 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.