Russian Duma Approves Bilateral Adoption Agreement with the US

Just last week (7/10/12), the Russian Duma approved the bilateral adoption agreement reached between US Secretary of State Hilary Clinton and Russian Foreign Minister Sergey Lavrov last summer.  This agreement must now go to the Upper House of Russia's parliament for approval.  Then, it will be submitted to President Putin for approval.  Once approved by President Putin, the procedures set forth in the agreement will start to be implemented.  It should be noted, however, that President Putin recently stated “we should try to ensure that most [Russian] children find their families here in Russia....Foreign adoptions should become a rare exception, a last resort.”


Set forth below is a list of questions and answers as provided the USCIS website:

The Agreement between the United States of America and the Russian Federation Regarding Cooperation in Adoption of children  Fact Sheet and QA Introduction The Department of Homeland Security and the Department of State announced today, July 13, 2011, that Secretary of State Hilary Clinton and Russian Foreign Minister Sergey Lavrov signed a bilateral adoptions agreement that will strengthen procedural safeguards in adoptions between our countries. This Agreement will provide additional safeguards to better protect the welfare and interests of children and all parties involved in intercountry adoptions.  Under the Agreement, only adoption agencies authorized by the Russian Government will be able to operate in Russia and provide services in adoptions covered by the Agreement, except in the case of an adoption of a child by his or her relatives. This will largely eliminate independent adoptions from Russia and create a better defined framework for intercountry adoptions between the United States and Russia. The Agreement also includes provisions designed to improve post-adoption reporting and monitoring and to ensure that prospective adoptive parents receive more complete information about adoptive children’s social and medical histories and anticipated needs. The United States is committed to working with the Russian Federation on implementing the provisions laid forth in this Agreement as soon as it enters into force. USCIS and the Department of State will publish criteria, procedures, and clear guidance related to the Agreement on www.uscis.gov/adoption and http://adoption.state.gov prior to the Agreement’s entry into force. Questions & Answers Q. What does the Agreement mean for the U.S. adoption program in Russia? A. This Agreement strengthens the protections in place for the children and families involved while preserving a robust adoption program between the two countries. It creates a framework for a system in which the family will receive more complete information on the child earlier in the process so that the prospective adoptive parents can receive targeted preparation and training before the adoption.  The Agreement also improves post-placement follow-up to ensure that the adopted child and family receive the support they need so that they all can thrive. Q. Now that the Agreement has been signed, will there be any interruption in the processing of cases for U.S. families adopting from Russia? A. We do not anticipate any interruption in the processing of adoptions from Russia as we move to implement this Agreement or once it has been fully implemented.  Q: When will the Agreement enter into force? A. The Agreement will enter into force upon the exchange of notes from the U.S. and Russian governments.  The exchange of notes will take place only after both sides have completed internal procedures necessary for entry into force, which for Russia means approval by its Duma and establishment of other internal procedures for implementing the Agreement.   The U.S. Department of State and the U.S. Citizenship and Immigration Services (USCIS) will provide on their websites procedures and clear guidance related to the Agreement prior to its entry into force.  Please monitor www.adoption.state.gov and www.uscis.gov/adoption for more information. Q. Can families continue to file Form I-600A, Application for Advance Processing of Orphan Petition, and Form I-600, Petition to Classify Orphan as an Immediate Relative, now that the Agreement has been signed? A. Yes. Pending entry into force of the Agreement prospective adoptive parents may continue to file Forms I-600A and Forms I-600 with USCIS under existing procedures, in accordance with the form instructions. USCIS will inform the public of the date that the Agreement will enter into force and what additional or different steps may become necessary at that time. Q. If a family began adoption proceedings before the Agreement enters in to force, will they have to restart proceedings upon Agreement execution? A. The Agreement specifically allows cases which have had their dossier already submitted to the Russian authorities to continue under the pre-Agreement system. Prospective adoptive parents who have not submitted dossiers upon Agreement execution may need to change adoption service providers, as not all providers will remain authorized. However, families will not be required to file a new Form I-600A if their Form I-600A was filed or approved while working with the previous adoption service provider and remains valid. Q. If a family is working with an adoption agency that does not receive authorization to continue working in Russia after the Agreement enters into force, will they be able to complete their case? A. Yes, but the family may have to transfer the case to a new adoption service provider that is authorized to work in Russia. If a case is covered by the transition provision, it may be completed under the pre-Agreement procedures. Q. How will we know which cases may proceed under the pre-Agreement procedures and which cases must follow the new procedures? A. Once the Agreement enters into force, USCIS will coordinate with the Department of State (DOS) and the Russian authorities to identify all cases that can be processed under the pre-Agreement procedures and we will provide additional guidance at that time. Q. When will guidelines and instructions about the new procedures be available? A. We anticipate that the United States and Russia will need additional time to discuss implementation procedures for the Agreement once the Russian Duma has ratified it.  After ratification and completion of implementation discussions, USCIS and DOS will publish specific guidance. Q. We understand that under the Agreement, the Russian Government may institute a “pre-approval” requirement for U.S. families adopting from Russia. Would this procedure lengthen the processing time? A. Although we do not anticipate that a pre-approval step will lengthen the process significantly for most cases, there are two instances in which delays could occur:  1) If there is a delay in the receipt of the detailed medical and psycho-social history of the child from the Russian authorities, or 2) If USCIS finds, during the pre-approval review, that the family does not appear to be prepared and/or has not been evaluated by the home study preparer as capable of meeting the needs of the specific child they intend to adopt. Q. Why is a pre-approval process helpful? A. Under the current system, USCIS cannot review information about the child being adopted until after the parents have completed adoption proceedings in Russia and become legally responsible for the child. Many times prospective adoptive parents only receive full medical and psycho-social information about the child immediately before the court proceedings to complete the adoption. Parents then have a very brief time to decide whether to complete the adoption or obtain an amended home study and Form I-600A approval, if necessary. Pre-approval will allow USCIS to make a preliminary determination on a child’s orphan status and to flag any concerns before the adoption takes place. Q. Would pre-approval guarantee that the Form I-600 will be approved once the adoption is finalized in Russia? A. Pre-approval cannot be taken as a guarantee of final approval, because it is always possible that new, additional information will come to light that ultimately prevents the approval of the Form I-600 petition. However, in other countries where pre-approval systems have been in place, experience shows that pre-approval allows for problems to be addressed earlier in the adoption process creating a more streamlined process for the family. Q. The Agreement will require to adoption agencies to report when an adopted child received U.S. citizenship.  How will the adoption agency know that the child has received U.S. citizenship? A. The Agreement is crafted to cover only adoptions of children who will ultimately be granted IR-3 immigrant visas. When a child with an IR-3 immigrant visa lawfully enters the United States with his or her adoptive parents with the intent to reside permanently in the territory of the United States, that child, by operation of law, acquires U.S. citizenship upon entry. For additional questions and answers on the agreement, please visit http://adoption.state.gov . Last updated:07/13/2011

South Africa Just Authorized Two US Adoption Service Providers to Begin Processing Adoptions

Set forth below is a July 5th notice from the US State Department advising that two US based adoption service providers (Spence-Chapin and Bethany Christian Services) have been approved to begin processing  Hague Convention adoptions from South Africa to the US:
On June 6, 2012, the Department of State’s Special Advisor for Children’s Issues, Susan Jacobs, and U.S. Consulate General Johannesburg officials met with the South African Ministry of Social Development’s Central Authority (SACA) to clarify South African intercountry adoption procedures.  SACA confirmed that it has authorized two U.S. accredited adoption service providers (ASPs) to contract with South African agencies to process Hague Adoption Convention (Convention) adoptions from South Africa to the United States.

The two U.S. ASPs are Bethany Christian Services and Spence-Chapin Services to Families and Children.  Both ASPs may now accept applications for adoptions. 

SACA also clarified the options available for dual citizens.  U.S. citizen prospective adoptive parents residing in the United States must follow the Convention intercountry adoption process if they wish to adopt from South Africa, regardless of whether one or both prospective adoptive parents hold South African citizenship.  U.S. citizens resident in South Africa who wish to adopt may be able to conclude a Convention adoption if they plan to bring their adopted child to the United States to live, or may conclude a domesticadoption after meeting South Africa’s five-year residency requirement if they intend to continue residing abroad.  In cases where one spouse is a South African citizen, the five-year residency requirement may be waived.

The U.S. Department of State is pleased to have the opportunity to work with South Africa as a Convention partner and to complete Convention intercountry adoptions of eligible children from South Africa by qualified adoptive parents in the United States.  Please continue to monitoradoption.state.gov as we update the country information sheet on adoptions from South Africa.    

Kazakhstan -- Several US Adoption Agencies Now Approved to Work in Kazakhstan

Here are several updates on the intercountry adoption process in Kazakhstan:

1. It appears a few adoption agencies are now approved to conduct adoption work in Kazakhstan.  The first two US agencies to receive certificates of registration from Kazakhstan are “Across the World Adoptions” (http://www.atwakids.org/) and Little Miracles International, Inc.” (http://www.littlemiracles.org/).  These agencies are now accepting applications from families interested in adopting from Kazakhstan. 
2. On June 27^th, the Committee on Child Protection, Ministry of Education and Science and the Foundation “Voluntary Charity Society” launched a website portal (www.usnovite.kz) to help facilitate adoptions from and within Kazakhstan.  The portal contains information on adoption, guardianship and patronage and contains explanations of all possible forms of placing children who are without parental care.  This website will also help the Kazakhs, who are thinking about adoption or already in the process of collecting documents and searching for a child. 
3. Below is a list of questions and answers from the Kazakhstan website on intercountry adoption (http://www.bala-kkk.kz).  Because this list has been translated into English, the wording is at times a bit unusual.  Nonetheless, the information is useful!

ANSWERS AND QUESTIONS

I married a foreigner, and with the child from her first marriage she moved to her husband. Can my husband adopt the child and whether you can do it outside of Kazakhstan? 
Yes, it is possible, provided that the father of the child consents to the adoption. In addition, under 87 Code of the Republic of Kazakhstan "On marriage (marriage) and family" requires prior authorization for adoption of local executive bodies of the former place of residence of the child. When a citizen of the RK for international adoption is considered "permanently residing outside the RC?" Although definition of "permanent residence outside the territory of the RK" in RK is not migration law, but based on the content of the Law "On Citizenship", a citizen of the RK is resident abroad, if he has a residence permit or other document issued in support of permit for permanent residence in a foreign country and confirming the right of free exit and return to this state.  also permanent residence abroad, the criterion is the fact that removal of permanent registration in the RK and registration with the embassy of RK in the respective foreign country. Can I adopt a Kazakhstani the child  a) alone; b) if there is no agency in the country of residence? no. The Republic of Kazakhstan adopted a new legislation to the norms of the Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. In this context, "independent adoption" is canceled. Adoption of Kazakh children by citizens of the Republic of Kazakhstan, permanently resident outside the Republic of Kazakhstan, as well as the foreigners will take place only through accredited foreign adoption agencies. rules on the transfer of children to citizens of Kazakhstan residing outside the Republic of Kazakhstan, as well as foreigners are available for downloading from the Child Protection RK www / bala-kkk.kz  Is there any control over the conditions of life after moving abroad? How long is this control? Yes, there is control. According to Article 251 of the Code of the Republic of Kazakhstan "On marriage (marriage) and family" control children adopted by foreigners, by foreign institutions of Kazakhstan and the authorized body in the field of children's rights the Republic of Kazakhstan. In addition, the duty of adoption agencies accredited in the Republic of Kazakhstan, is also included to monitor the living conditions and upbringing of the adopted child and the provision of relevant reports and information in the prescribed manner to an adopted child's age. Can a foreign citizen or stateless person to the Russian child custody or guardianship? Although a direct way of such restrictions in the legislation of the Republic of Kazakhstan has not been established in practice it is not possible. First, under the Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, and the laws of the Republic of Kazakhstan, foreign nationals can only Kazakhstan to adopt a child. At the same time the legislation of the Kazakhstan adoption of the child stateless person is not allowed. Second, because of a specific list of documents filed by a candidate for the trustees (the base - the standard in providing public services, as approved by the Government of the Republic of Kazakhstan March 31, 2012 № 336). Along with this, the change of residence guardian or trustee who receives benefits for the child-orphans and children left without parental care, body performing the functions of custody or guardianship of the former place of residence within seven working days after receipt of notice of change of residence shall send a private matter of the ward in a body performing the functions of guardianship or custody, according to a new place of residence. Under the authority carrying out functions of custody or guardianship, implied agency, located in the territory of the Republic of Kazakhstan, not the foreign establishment of the Republic of Kazakhstan.   Can biological parents to reclaim the child after the court? No, if the judgment of adoption entered into force. Biological parents can appeal against the decision of the court and try to return the child within 15 days after the date of the court, until such time as the court's decision did not come into force. Is there an age limit for foreign adoptive parents? Yes, the Republic of Kazakhstan legislation provides for the age difference between adopter and the adopted child of at least 16 years of age and not more than 45 years. For example. 50-year-old citizens to adopt a child from 5 years of age or older.  Can candidates choose the adoptive child? no. Earlier, when the Republic of Kazakhstan there was an "independent adoption" was allowed the choice of the child. Now the family will be begging child. In this case priority will be the child's interests, not the interests of prospective parents.  Can prospective parents to abandon children chosen for them? Yes, candidates for adoptive parents have the right to refuse a child. They confirm their refusal in writing.  Who makes the final decision about adoption? Under the current legislation of the Republic of Kazakhstan shall issue a final decision of the court with the obligatory participation of the prosecutor, members of bodies exercising functions of guardianship or custody, the adoptive parents themselves. How long will the candidates for adoptive parents communicate with the child to court ? In accordance with Article 85 of the Code of the Republic of Kazakhstan "On marriage (marriage) and family" foreigners applying to adopt a child must have direct contact with the child at least four weeks. My husband and different nationalities do we have the right to adopt a child? Adoption of children by foreigners is permitted only to citizens of countries having equivalent effect to the Republic of Kazakhstan's international obligations to protect the rights and interests of children. In addition, you must provide the entire package of documents from both countries. Does the priority of Kazakhstan candidates and how it is provided? alone in failing to give a child in a family of Kazakhstan citizens address the issue of child adoption by foreigners. In preparation for the court hearing on adoption agencies engaged in function of custody or guardianship, provide to the court documents to prove the impossibility of transferring the child to grow up in a family of citizens of the RK family or relatives of the child (no relatives, the receipt of the rejection of the proposed child, a copy of the magazine with a note on the refusal of the child). 

The Disappearing US Adoption Tax Credit?

This year, the US adoption tax credit dropped to $12,650 -- $710 less than the $13360 tax credit available in 2011.  Also this year, the tax credit is not refundable.  In other words, adoptive parents may use the tax credit to reduce and potentially even eliminate their tax bill for 2012 but they may no longer receive a refund for any unused portion of their adoption tax credit. 

As if these changes were not bad enough for adoptive families, next year, the adoption tax credit is scheduled to be eliminated except for those families adopting special needs children inside the US.  While it is possible Congress will take action and extend the availability of the adoption tax credit into 2013 and beyond, it is also possible Congress will not take any action on this front.  At this point, there is not much that adoptive or prospective adoptive parents can do other than contact their representatives in Washington.  To the extent they have some control over the timing of their pending adoptions, prospective adoptive parents may also want to complete their adoptions in 2012 if this is at all possible.  This way, they will at least know they are entitled to the $12,650 tax credit.              

Ireland May Restart Adoptions from Vietnam Later this Year

According to a recent article in the Irish Examiner by Conall O. Fatharta, a new agreement will soon be reached between Ireland and Vietnam to restart the intercountry adoption process.  Both countries are trying to work through concerns over whether the Vietnamese intercountry adoption process is now Hague compliant.  At present, it is expected that adoptions from Vietnam to Ireland will begin later this year.

On July 2, 2012, the International Adoption Association (Ireland) issued the following statement:

The Adoption Authority of Ireland has been working closely with the Minister for Children and Youth Affairs, Ms. Frances Fitzgerald TD in recent months to bring greater clarity to the situation regarding the adoption of children from the Socialist Republic of Vietnam (‘Vietnam’).

The Authority is aware that there is a high level of expectation regarding developments in Vietnam.

The Authority wishes to reiterate that it remains the prerogative of the Government of Vietnam as to which countries it will be co-operating with under the 1993 Hague Convention on Intercountry Adoption.

The Authority has been working closely with Minister Fitzgerald in advancing administrative arrangements with Vietnam.

The Authority, along with Minister Fitzgerald, hosted a delegation from Vietnam during the week.

The Authority is very pleased to announce that it has now broadly agreed administrative arrangements with Vietnam.  It is hoped that the agreement setting out the administrative arrangements will be signed during a visit to Ireland by the Minister for Justice in September hosted by Minister Fitzgerald.