INTERNATIONAL ADOPTION

UKRAINE

April 2004

The State Department is pleased to announce that as of April 19, 2004, the U.S. Embassy in Kiev adjudicates immigrant visa applications for Ukrainian adopted children starting on April 19, 2004. Prospective adopting parents who are traveling to Ukraine to complete an adoption after April 19 are strongly encouraged to verify that their I-600A and related documents are at the U.S. Embassy in Kiev – not at the U.S. Embassy in Warsaw, which had been processing these cases -- before they leave for Ukraine.

For more information, please visit http://www.usemb.kiev.ua/amcit_adoptions_eng.html. To contact the Embassy in Warsaw, please e-mail adoptwrw@state.gov

PLEASE NOTE: Even though we communicate regularly with officials of the National Adoption Center of Ukraine, they do not always notify the U.S. Embassy in advance of changes in Ukrainian laws or the Center’s procedures. Sometimes the first notice we get of a change is when it is reported to us by adopting parents or their representatives. Please help us help you - if you receive information that contradicts what we have posted, let us know (adoptionskiev@state.gov). We will then follow up with Ukrainian adoption authorities and update our information, as appropriate, for the benefit of the entire adoption community. We appreciate your help.

GENERAL: The following is a guide for U.S. citizens who plan to adopt a child in Ukraine and apply 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 review each case carefully to ensure that the legal requirements of both countries have been met, for the protection of the prospective adopting parent(s), the biological parents(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Ukraine 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 (IR-3 and IR-4 combined):*

FY-1999…. 312
FY-2000…. 653
FY-2001… 1233
FY-2002 … 1104
FY-2003 … 702

*Immediate Relative (IR)-3 visas are issued to orphans adopted in Ukraine. IR-4 visas are issued to orphans adopted or re-adopted in the United States. The visa requirements and paperwork are substantially the same.

Ukrainian children who have been registered with the Kiev-based National Adoption Center for one year are available for international adoption. The one-year waiting requirement may be waived only if children suffer from a disease listed with the Ministry of Public Health Protection (LINK).

Adopting parents who have registered with the Adoption Center may receive information about adoptable children only after they receive an invitation from the Adoption Center to travel to Ukraine. Under Ukrainian law, Ukrainian officials may not disclose information on adoptable children to agencies or other private citizens.

ADOPTION AUTHORITY:

Adoption Center in Kiev, Ukraine
27-A Taras Shevchenko Boulevard
Kiev, Ukraine 252032
Tel # (380)(44) 246-54-31/32/37/49
Fax # (380)(44) 246-5452/62

The Adoption Center, a part of the Ministry of Education, is the only legal Ukrainian authority for adoptions. It maintains the database of adoptable children available for both domestic and international adoptions. The Adoption Center is involved in the international adoption process from the moment prospective parents apply for registration until an adoption hearing is held in court. The National Adoption Center has a policy of direct contact with prospective adopting parents. Adopting parents must send their documents directly to the National Adoption Center. The Adoption Center will communicate with facilitators after an application is filed. Translators or interpreters are not available on the staff of the Adoption Center. Callers or visitors have to speak either Russian or Ukrainian, or have their own interpreters.

AGE AND CIVIL STATUS REQUIREMENTS: Married and single people may adopt from Ukraine. Prospective adopting parents have to be of legal age (18 years old and older), and the difference between the age of the adopting parent and adopted child must be at least 15 years, although this can be waived if circumstances warrant. If the child is adopted by a relative, the age difference is not considered.

RESIDENTIAL REQUIREMENTS: There are no residency requirements to adopt in Ukraine.

TIME FRAME: It takes 2-6 months to be matched with a Ukrainian orphan after adopting parents submit their dossier with the National Adoption Center. Parents can also expect a three to four week wait between the initial filing of the adoption in the local court and issuance of the final adoption decree.

ADOPTION AGENCIES AND ATTORNEYS: Ukraine does not allow adoption agencies to operate or locate a child for adoption in Ukraine. However, facilitators are allowed to assist with translation and interpretation services. Prospective adopting parents can protect themselves by openly discussing all fees and expenses in great detail before hiring a facilitator or interpreter. Discuss recommendations with adoption agencies and with other families who hired these individuals in the past. Prospective adopting 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 adopting 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 Kiev has a list of translators known to work in Ukraine. These are general translation service providers and do not necessarily have experience with adoptions. Neither the U.S. Embassy nor the Department of State can vouch for the efficacy or professionalism of any agent, facilitator, or interpreter.

The U.S. Embassy in Kiev has received reports of questionable practices during the adoption process by adopting parents. Please see Important Notice Regarding Adoption Agents and Facilitators at the Web site for the Bureau of Consular Affairs at http://travel.state.gov.

UKRAINIAN ADOPTION FEES: There are no Ukrainian fees except those for court filing, notarial, translation and similar services.

The U.S. Embassy in Kiev notes that adopting parents pay anywhere from $2,000 to $15,000 lump sum fees to their adoption agencies for services rendered. This can include lodging, transportation, authentication of Ukrainian documents, fees for expedited services and interpreter's services. Adopting parents have also reported being charged additional fees for services rendered after arriving in Ukraine.

Prospective adopting parents are advised to request a fee schedule when meeting with their adoption agency and discuss under what circumstances additional, unexpected fees may be charged.

ADOPTION PROCEDURES:

Registering with the Adoption Center: Prospective adopting parents must first register with the National Adoption Center (see Documentary Requirements below). The Adoption Center processes the documents submitted by adopting parents and enters them into their database within twenty working days. Once an application is approved, the prospective adopting parents will receive an invitation to visit the Adoption Center. When adopting parents arrive in Ukraine, the Adoption Center shows them information about orphans available for international adoption within the parents’ specified age range. The Center then issues a letter of referral to allow the prospective parents to visit orphanages to meet, select, and establish contact with a child. Along with the letter of referral, adopting parents will be given their documents, bound, numbered, sealed, and signed by an official in charge of the Adoption Center, with a separate sheet specifying the number of pages and the prospective parents' registration file code.

The National Adoption Center recommends prospective adopting parents who wish to adopt two or more children to submit a separate, authenticated dossier for each child. However, submission of two or more dossiers is not a guarantee adopting parents will allowed to adopt two or more children. Current adoption policy is for adopting parents to adopt one child at a time, unless you adopt a sibling group.

Adoption Center representatives will not meet with prospective adopting parents who arrive in Ukraine without an appointment or on a day other than when they are scheduled for an appointment.

Effective January 1, 2004, the NAC no longer releases information about adopting parents’ registration numbers and dates of their appointments to third parties, including to facilitators or others who have obtained the parents’ Power of Attorney. All communication between the Center and prospective adopting parents is conducted only by direct exchange of official letters. The NAC sends two standard letters to adopting parents: (1) notification regarding the date and registration number of a dossier and a suggested month for an appointment, and, (2) an official invitation for an appointment with the NAC, indicating a specific date and time. The Center currently uses normal postal mail when sending these letters, which can delay notification by three or more weeks. In order to expedite and facilitate communication, the NAC advises that families may wish to include one or two prepaid, self-addressed international express mail envelopes (DHS or FedEx) with their dossier. These envelopes are used by the NAC for mailing registration and appointment letters to U.S. families. The inclusion of these envelopes with a dossier is completely optional. The absence/presence of prepaid envelopes has no relation to expediting the actual process of registration of a dossier or the scheduling of an appointment date.

Meeting A Child: Once the Adoption Center issues permission for prospective parents to visit orphanages, parents may go and meet a child, check medical records and establish personal contact with a child.

Pre-adoption Medical Examination: While meeting a child at the orphanage, you will be shown his/her medical history. If any doubts arise, or if you would like to get more details on the child's health condition, you may request an additional medical check-up of the child (including blood tests etc.). According to the law, every prospective parent has the right for additional pre-adoption medical examination of the child conducted by a private physician in the presence of the orphanage staff member.

The panel physicians of both the American Medical Center and Clinic of Oil Industry of Ukraine in Kiev have expressed their readiness to perform pre-adoption medical examinations. Please check with them directly on their services and fees.

Parents should make every effort to thoroughly understand the medical conditions diagnosed by local physicians. Please be sure the facilitator and/or interpreter you hire are competent to translate and explain complex medical diagnoses. Knowledge of the child's medical conditions is required for the I-604 interview at U.S. Embassy in Kiev. Parents should verify that medical reports from the orphanage are thorough and reflect all information provided to the Ukrainian court for the hearing.

Court Hearing: After prospective adopting parents identify a child for adoption, the file for the case is presented to a judge in the region where the child lives. The power to approve or deny an adoption remains solely with an individual judge. The judge's decision, in turn, is based on a review of various documents of each individual adoption case during the court hearing

As a general rule, the judge's decision is announced and issued the day of the hearing. However, unless the judge grants an "immediate execution," the decision does not take effect for one month. Such waivers are granted only when there is clear evidence that a delay in executing the court decision is not in the best interest of the child (for example, damage to health). During the one-month period, the adoption can be appealed, which the Embassy understands is rare. Once the decision takes effect, the new adopting parents are granted parental rights and legal responsibility for the child.

Adopting parents must attend the hearing. In cases where one of the parents cannot be present at the hearing (e.g. major surgery, disability etc.), a judge may permit one parent to provide a power of attorney for the other parent.

Obtaining The Post-Adoption Birth Certificate And A Travel Document: The local ZAGS office (Ukrainian abbreviation for Office of Vital Records) issues a post-adoption certificate of birth for an adopted child based on the final court decree and the original (pre-adoption) birth certificate. The pre-adoption birth certificate is not be returned to the adopting parents, so parents should make sure that they make a copy of the pre-adoption birth certificate before handing it over to the ZAGS authorities.

Adopting parents should make sure that there are no discrepancies in the spelling of names of the parents and children in the court decree. If noticed, please ask the court clerk to correct them immediately. Failure to do so may cause delays in issuing the post-adoption birth certificate and in authenticating Ukrainian documents.

Once the post-adoption birth certificate is obtained, parents may apply for a passport for their child at the local VVIR (Ukrainian abbreviation for Office of Visas and Registration). Parents are required to present a written and notarized statement requesting that the travel document be issued. The post-adoption birth certificate, final court decree, and 4 passport-size photos of the child have to be submitted along with the statement. The new name of the adopted child in the travel document is spelled in English transliterated from Ukrainian, so it may look different from what appears on the parents’ passport. There is no need for concern as long as the child's name in Ukrainian on the travel document is the same as in the court decree. However, parents can request that the correct English spelling be noted on the blank page in the passport.

At the time the passport is issued, a special, mandatory stamp is put in it showing that the child is departing Ukraine for permanent residence abroad. It is called a "PMZh-stamp" in Ukrainian. Although under Ukrainian law immigration authorities have up to 10 working days to issue passports or travel documents for adopted children, they are often issued before then, especially if the child requires medical care.

DOCUMENTARY REQUIREMENTS:

The following documents must be part of the adoption application:

1) Home Study, issued by a competent authority in the adopting parents' country, attesting to their eligibility, specifying their housing and living conditions, containing their curriculum vitae, and other information. If a home study is issued by a non-governmental entity (a private agency or social worker), a copy of the license authorizing this entity to conduct pre-adoption reviews must be attached.

2) Entrance and permanent residence permit for the adopted child, issued by the competent authority in the adopting parents' country. For American citizens, the Form I-171H, Notice of Approval of Advance Processing issued by the U.S. Citizenship and Immigration Services (CIS) serves as this document.

3) Proof of income: Bank statements showing the adopting parents' yearly income, W-2 forms or tax returns and a statement from adopting parents’ employer indicating salary. To avoid confusion, please do NOT copy blank pages of tax returns.

4) Adopting parents are given a specific medical form to complete. Although the form instructs parents to visit 8 different specialists, adopting parents only have to visit their family doctor. This doctor must complete the form in its entirety. Adopting parents must demonstrate that they are specifically not suffering from any kind of psychiatric, communicable, internal, skin or venereal diseases. There must also be a statement that parents are not drug addicts, and that parents are free from AIDS and syphilis. Medical certificates for prospective adopting parents should be issued on official letterhead of the medical office where the examination took place. Alternatively, the document can bear a stamp/seal of approving clinic/doctor, if available. The doctor’s signature must be notarized. If letterheads/seals are not available, the NAC requests that a copy of the doctor’s medical license be attached to the form.

5) Copy of the marriage certificate (if applicable).

6) Copies of the passports or other identification papers of prospective adopting parents. A copy of the Permanent Resident Card should be included, if one of the parents is not an American citizen.

7) "No criminal record" statement supplied by a competent authority for each adopting parent, attesting to his/her having no criminal record at the State level. Statements from the city or county level are not accepted by the National Adoption Center. If the criminal background check statement is issued by the local sheriff/police office (not State authorities), it should clearly indicate that each prospective adopting parent has no criminal record in the state of his/her residence.

8) Commitment to register their adopted child with the Ukrainian Embassy or Consulate in their new home country within one month of the completion of adoption. Adopting parents also agree to supply information about the adopted child's living conditions and educational progress to the Ukrainian consular office at least annually during the first 3 years following the adoption. Under Ukrainian law, an adopted child remains a Ukrainian citizen until age 18, at which time the child can decide to remain a Ukrainian citizen.

Please note that all eight documents must be separate documents; one cannot be part of another. The documents remain valid for one year from the date of issuance. The Adoption Center prefers that the documents be translated in the United States, but understands that it may be difficult to find qualified translators. Therefore, the Center allows facilitators to come to the Center with a properly notarized, authenticated and translated power of attorney to take the documents to have them translated and notarized locally.

AUTHENTICATION OF DOCUMENTS: All U.S. documents submitted to the Ukrainian government/court must be authenticated. Ukraine is a party to the Hague Legalization Convention. Generally, U.S. civil records, such as birth, death, and marriage certificates, must bear the seal of the issuing office and an apostille affixed by the state's Secretary of State (an apostille is a special seal applied to a document to certify that a document is a true copy of an original). Documents must be apostilled in the state where they are issued. Tax returns, medical reports and police clearances should likewise be authenticated. Prospective adopting parents should contact the Secretary of State of the state where documents originated from for instructions and fees for authenticating documents.

Documents issued by a federal agency must be authenticated by the U.S. Department of State Authentications Office, 518 23rd St., N.W., Washington, D.C. 20520, (202) 647-5002 Fee: $6.00. For additional information, call the Federal Information Center: 1-800-688-9889, and choose option 6 after you press 1 for touch tone phones. Walk-in service is available from 7:30 a.m. to 11:30 am Monday-Friday, except holidays and is limited to 15 documents per person per day (documents can be multiple pages). Processing time for authentication requests sent by mail is 5 working days or less.

For additional information about the effects of joining the Hague Legalization Convention, please visit the web site for the U.S. Embassy in Ukraine at http://www.usemb.Kiev.ua/amcit_hagueconvention_eng.html.

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

UKRAINIAN EMBASSY AND CONSULATES IN THE UNITED STATES:

3350 M Street, N.W.
Washington, D.C. 20007
Tel: 202-333-0606
Fax: 202-333-0817
www.ukremb.com

Ukraine has Consulates General in New York and Chicago.

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 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:

• The child must be under the age of 16¹ at the time an I-600 Petition is filed with the DHS on his or her behalf
• 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
• 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:

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

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

The Petition

Adopting and prospective adopting 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 (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 well in advance.

A prospective adopting 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 immigration 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 Kiev, Ukraine.²

Documentary Requirements for the I-600A

• Completed Form I-600A (Application for Advance Processing of Orphan Petition);
• Fingerprints of each prospective adopting parent, taken at a local U.S. CIS office;
• 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. $460.

• 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; and
• 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 Kiev, Ukraine).

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 Ukraine should request, at the time they file these forms, that U.S. CIS notify the U.S. Embassy in Kiev, Ukraine as soon as the form is approved. Upon receipt of such notification, the Embassy in Ukraine contacts the adopting parent(s) and provide additional instructions on immigration procedures. U.S. consular officers may not begin reviewing an orphan adoption case until they have received formal notification of approval from a CIS office in the U.S.

Fingerprints

An I-600 petition can be approved 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 Ukraine 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 Kiev, 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. A consular officer at the U.S. Embassy in Ukraine conducts this investigation and completes this questionnaire at the time of the immigrant visa interview. The consular officer reviews the Ukrainian documentation and adopting parents’ knowledge of the circumstances of the adoption and health of the child.

REQUIREMENTS FOR THE IMMIGRANT VISA

U.S. law requires that the adopted child, regardless of age, be brought to the Embassy for a personal appearance before the consular officer at the time of the interview for the immigrant visa.

The U.S. Embassy’s Immigrant Visa Section uses an appointment system, which requires a minimum notice of 3 (three) business days. It is important that adopting parents contact the Immigrant Visa Section in advance by phone or email to schedule an appointment (see below). If Embassy staff is unable to take a call immediately, parents should please leave a voice mail message including their name and requested appointment date, and a contact telephone number. If the request is left on the answering machine, appointments must be confirmed by Embassy staff with a return phone call. Adopting parents should not assume that they have an appointment by leaving a message.

The Consular Section is located at 6 Pymonenko St. in Kiev. Telephone: (380)-44-490-4422; Immigrant Visa Unit (380)-44-490-4079; Fax (380)-44-236-4892. Email address: adoptionskiev@state.gov

Appointments for adopting parents in Kiev are available from 8:00 to 11:30 a.m., on Monday, Wednesday and Thursday, except the last working day of each month and all Ukrainian and U.S. holidays. Visas are normally ready for pick-up on the same day at 3:00 p.m. Please check the Embassy’s Web site at www.usembassy.kiev.ua for a list of official holidays when the Embassy and the Consular Section are closed.

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. You can download a current version of the I-600 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.

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. Please see additional information on medical immigrant visa examination at: www.usembassy.kiev.ua/visa_immigrantvisas_eng.html - p3

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 two copies of the Ukrainian court decree granting the adoption.

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 under Ukrainian law. As an alternative to the court decree, 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. Note: The district office of vital records confiscates this birth certificate as part of the adoption proceedings, so please make the copies before your court date.

13. The original and a copy of the orphanage's medical report/medical history for the child. This report must be thorough and provide all information that was submitted to the court.

14. The original and a copy of a Ukrainian travel document (passport), 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: one with a three-quarter profile, showing the right ear and a second one should be a frontal facial photo.

Each Ukrainian document and copy submitted must be accompanied by official English translations. For official translation services, you may consider approaching one of the translation offices listed in our flyer. It is not mandatory to use services of these particular translation bureaus. You may approach any other licensed/official translation centers or bureaus.

Both sets of photocopied documents with English translations will be retained for use in issuing the immigrant visa. Therefore, if you wish to keep photocopies for your records, you must make these prior to the interview.

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/visa/immigrants.html

If everything is in order, the child's immigrant visa will be issued at 3:00 p.m. on the day of the final interview. Adopting parents can plan to depart from Kiev after the visa has been issued.

New Machine-Readable Immigrant Visas (MRIV)

The U.S. Embassy in Kiev will be among the first U.S. immigrant-visa-issuing posts in the world to implement the latest technology – machine-readable immigrant visas (MRIV). The MRIV includes a digitized photo and will be placed in the child’s passport, similar to a nonimmigrant visa. For the few cases in which an adopted child is 14 years old and over, the MRIV will also include a biometric indicator (fingerprint scan). The Embassy will prepare a separate sealed envelope with important immigration documents that you must carry with you and present to the immigration officer with the visa when the child enters the United States.

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.

AUTHENTICATION PROCESS FOR DOCUMENTS ISSUED IN UKRAINE: U.S. Embassy Kiev does not require that the originals of the adoption court decree and new birth certificate be legalized (i.e. bear the Hague apostille) prior to visa issuance. However, please remember that without the legalization, the document is not entitled to recognition in the country of intended use (U.S.A.). Also keep in mind that the apostille for a Ukrainian document can only be issued in Ukraine by the Ministry of Justice.

Therefore, we strongly recommend that all American adopting parents have the original or certified copy of the adoption court decree and post-adoption birth certificate apostilled prior to their departure from Ukraine. The U.S. Embassy in Ukraine cannot be able to assist you in obtaining the apostille from the Ministry of Justice of Ukraine after your return. Please make the necessary arrangements with your facilitator/translator if you wish to obtain apostilles before leaving Ukraine.

Please see information on legalization of documents in Ukraine at: http://www.usemb.kiev.ua/amcit_hagueconvention_eng.html

U.S. EMBASSY IN UKRAINE:

As soon as prospective adopting parents arrive in Ukraine, they should contact the Consular Section of the U.S. Embassy in order to register their presence in Ukraine. The Consulate Section is located at:

Consular Section
U.S. Embassy
6 Pymonenko St.
Kiev. Ukraine
Telephone: (380)-44-490-4422/4000.
Fax: (380)-44-236-4892.
Email: adoptionskiev@state.gov

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/family/childcit.html

ADDITIONAL INFORMATION: 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”

QUESTIONS: General questions regarding international adoption may be addressed to 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 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: contains international adoption information flyers 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/