Russian President Signs Bilateral Adoption Agreement with US into Law

The announcement below was posted on www.adoption.state.gov on July 31, 2012:

“On July 28, 2012, President Putin signed into law the bilateral adoption agreement.  The Agreement, which was signed in 2011 by Secretary of State Hillary Clinton and Russian Foreign Minister Sergey Lavrov, aims to improve the intercountry adoption process and better protect adoptive children, birth parents, and adoptive parents.  The Russian Duma approved the Agreement on July 10, 2012, and the Federation Council, the upper house of the Russian Parliament, approved the Agreement on July 18, 2012. 

The United States and Russia will now work as expeditiously as possible to establish procedures to implement the Agreement.  Following the establishment of these procedures, the Agreement will enter into force upon the exchange of diplomatic 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.

The Agreement will provide additional safeguards to better protect the welfare and interests of children and all parties involved in intercountry adoptions.  To find out more about the agreement, please visit theDepartment of State's FAQs and the U.S. Citizenship and Immigration Services (USCIS) FAQs on the agreement and its implementation.  Please also monitor adoption.state.gov and uscis.gov for updated information as it becomes available.”

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.

Intercountry Adoption Updates

Somehow, life got in the way over the last few months and I found it difficult to sit down and compose entries for this blog.  But, I now have a few free moments so here are some quick updates.......

- Visa Fee Reduction: U.S. non-immigrant and immigrant visa application fees have changed as of April 13, 2012.  The fee for Immediate Relative and family preference applications (processed on the basis of an approved I-130, I-600 or I-800 petition) decreased from $404 to $230.  All visa applicants must pay the fees in effect on the day of the payment, not on the day of the visa interview.  Therefore, anyone who has already paid the combined $404 fee will not receive a refund even if the fee decreased by the time of their visa interview.


- Kazakhstan: The Ministry of Education and Science, the Central Authority of Kazakhstan, has confirmed approval of two U.S. accredited adoption service providers (ASPs) to process Hague Convention adoptions from Kazakhstan to the United States.

The ASPs are:  Little Miracles and Across the World Adoptions. 

Approval of ASPs was the final step needed for Kazakhstan to complete its implementation of the Hague Adoption Convention.  Each of the U.S. ASPs approved by the Government of Kazakhstan may begin accepting applications for adoptions under the new procedures on its date of authorization. 

- Haiti: Haiti’s adoption authority, l’Institut du Bien Être Social et de Recherches (IBESR), informed U.S. Embassy Port-au-Prince that it will suspend processing of new adoption cases effective May 7, 2012. IBESR indicated that the suspension will enable it to expedite processing on its backlog of pending cases and begin internal restructuring to bring it closer to international standards. The U.S. Embassy has been assured the suspension is temporary and that IBESR will continue to process all cases that are filed before May 7.


- Laos: The Office of the Government of Laos announced on February 20, 2012, that the authorization to allow foreigners to adopt Lao children is suspended until appropriate regulations and procedures are established on intercountry adoption.  Updated information will be provided as it becomes available on adoption.state.gov. 

- Cambodia: The Cambodian Ministry of Foreign Affairs and International Cooperation recently announced to all embassies with diplomatic and consular missions in Cambodia that the Cambodian government has decided to delay the date that it will begin receiving adoption petitions until January 1, 2013.  The Cambodian government is still working to establish the necessary internal child welfare structures to function as a Hague partner.

- Romania: The Romanian Office for Adoptions announced that its new adoption law went into effect on April 7, 2012.  The new law allows for intercountry adoptions of Romanian children by relatives of the fourth degree of kinship, the spouse of the child’s natural parent, and Romanian citizens who are habitually resident abroad.

Please be aware that the U.S. law implementing the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention), the Intercountry Adoption Act of 2000 (IAA), requires prospective adoptive parents to be U.S. citizens in order to be eligible to apply for intercountry adoption using U.S. procedures.  This means that Romanian citizens legally residing in the United States will be able to adopt from Romaniaonly if they or their spouses are also U.S. citizens.

Moreover, the U.S. Hague Adoption Convention accreditation regulations (22 CFR 96) provide that in each Convention adoption case, an accredited agency, a temporarily accredited agency, or an approved person will be identified and act as the primary provider.  More information on the role of U.S. accredited ASPs and the role of U.S. accrediting entities is available on the Department’s adoption website, adoption.state.gov.

The Department of State has provided information to the Romanian Office for Adoption about the U.S. requirement for a primary provider to serve in each Convention adoption, explaining the critical monitoring and oversight role of U.S. accrediting entities in ensuring that ASPs remain in substantial compliance with the IAA and the Convention.  We look forward to the opportunity to expand our cooperation with Romania as Convention partner countries.

Malnutrition and Intercountry Adoption -- A New Website

If you are considering an intercountry adoption or have already adopted, you may want to spend time on a new website – http://www.orphannutrition.org/.   This website is co-sponsored by the Spoon Foundation (www.spoonfoundation.org) , the Joint Council on International Children Services (www.jointcouncil.org),  and the Mead Johnson Nutrition Foundation (www.meadjohnson.com). 

This relatively new website is still under construction but already contains a plethora of information about nutrition and malnutrition, health issues often faced by children living in institutions, health issues faced by some of the children who are available for adoption (low birth weight, fetal alcohol syndrome, cleft lip/palate, and cerebral palsy), and growth charts.  This website looks to be a great resource!   

Adoptions from Russia Expected to Take Longer

This week, the US State Department announced that it expects the timeline for adoptions from Russia to increase due to a January 1, 2012 change in the Russian Family Code.   Here is the complete text of this announcement:

On January 1, 2012, the Russian Family Code was amended so that presiding judges will announce decisions in cases, including intercountry adoption cases, at the end of in-person court hearings. Courts will issue written rulings five days later. In cases where the ruling leads to an adoption decree, that decree goes into effect thirty days after issuance, at which point adopting parents can apply in person for the child's Russian passport. These changes will increase the amount of time and, possibly, travel required to complete an adoption.
 

Informative Adoption Conference in NYC on March 11th

On Sunday, March 11, 2012 from 8:45 am to 5:00 pm, the Jewish Child Care Association will hold its 18th Annual Adoption and the Family Conference at The Conference Center, 130 E. 59th Street, New York City.  The conference will feature a keynote presentation by Adam Pertman, the Executive Director of the Evan B. Donaldson Adoption Institute, entitled "Adoption Through the Generations".  This conference will also feature twenty-five workshops throughout the day on such varied topics as "Health Issues for Kids Adopted from Abroad (by Dr. Jane Aronson), "Multicultural Families: Blending Cultures and Traditions", and "Comparing Domestic and International Adoption".

If you would like to learn more about this informative conference or if you would like to sign up to attend, just click this link!    http://www.jccany.org/site/Calendar?view=Detail&id=106661

Adoptions from Vietnam to the US will not immediately resume

Although the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption took effect in Vietnam on February 1, 2012, the US will not yet allow the resumption of adoptions from Vietnam to the US.  There is concern that Vietnam does not yet have an adoption process in place that is completely Hague compliant.  The text of the notice for the US State Department is below:
  
The United States has determined that it will not resume intercountry adoptions in Vietnam on February 1, 2012, when the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption will enter into force there.
Despite Vietnam's initiatives to strengthen its child welfare system and ensure the integrity of its domestic and international adoption process, it does not yet have a fully Hague compliant process in place. We continue to caution adoption service providers and prospective adoptive parents that, to ensure that adoptions from Vietnam will be compliant with the Convention, important steps must still take place before intercountry adoptions between the United States and Vietnam resume. Adoption Service Providers should not initiate or claim to initiate, adoption programs in Vietnam until they receive notification from the Department of State that it has resumed adoptions in Vietnam.
The Department of State will provide updated information on www.adoption.state.gov as it becomes available. If you have any further questions about this notice, please contact the Office of Children's Issues at 1-888-407-4747 within the United States or 202-501-4444 from outside the United States.

Please be wary of any adoption agency that may now be suggesting it is appropriate to initiate the adoption process from Vietnam.  First, it is highly unlikely that any US agency would already be approved by the Vietnamese authorities to conduct adoptions.  Second, as it appears the Vietnamese process does not yet meet the Hague standards, it is unlikely the US government would acknowledge or process the adoption or issue the necessary visa to allow the child to enter the US.  

US Qualified Adoption Expenses Tax Credit

Depending upon your modified adjusted gross income, and a number of other factors, you may be entitled to claim an adoption tax credit on your 2011 tax return for your qualified adoption expenses.  Qualified adoption expenses can include court costs, attorney fees, adoption costs, travel expenses, etc.

If you have questions about whether you may be eligible to claim an adoption tax credit for the 2011 tax year, you may want to check with the IRS here:   http://www.irs.gov/formspubs/article/0,,id=235825,00.html.  This link takes you to the IRS website where you can access Form 8839 (the Qualified Adoption Expenses form) and the instructions for completing Form 8839.  You may also find it helpful to consult with an accountant. 

Kazakhstan: President Nazarbeyev signs new Family and Marriage Code into law on 12/26/11

According to a January 13, 2012 post on the US State Department website (http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=kazakhstan_1), Kazakhstan's President recently signed into law the new Family and Marriage Code.  This is a big step towards possibly reopening Kazakhstan for intercountry adoptions in 2012.  However, before any adoptions might be able to move forward, several things will need to occur, including:

1. If you have a dossier in Kazakhstan and were not matched with a child before 12/15/10, you will need to refile your dossier in accordance with the requirements set forth by the Hague Convention.

2. An adoption process that complies with the Hague Convention will need to be up and running in Kazakhstan. At present, the Ministry of Education is waiting for government approval of its new policies to accredit agencies and process adoptions.  Apparently the details of the new adoption law were published on January 7th and became effective 10 days later (on January 17th).  The US State Department website, however, does not indicate that Kazakhstan is currently open for intercountry adoptions yet.

3.  Adoption agencies will need to go through an accreditation process in Kazakhstan before they will be allowed to process intercountry adoptions for foreigners wishing to adopt children from Kazakhstan.

Vietnam and Ireland -- Looks like another step has been taken this week on the road toward reopening intercountry adoptions between Vietnam and Ireland

According to the International Adoption Association (Ireland) website ( http://www.iaaireland.org/), there were meetings this week between the Irish Minister for Children and Youth Affairs and the Vietnamese Minister for Justice.  This appears to be another step taken towards reopening intercountry adoptions between Ireland and Vietnam.  According to Minister Fitzgerald:

My visit will coincide with an official visit by the Adoption Authority of Ireland, led by Mr Geoffrey Shannon to Vietnam where they will commence discussions on administrative arrangements for intercountry adoption between Ireland and Vietnam as provided for by Article 72 of the Adoption Act 2010.

The Minister said “I know a lot of Irish families have been very patient in regard to the long wait for Vietnam to complete the ratification of Hague. The re-establishment of our relationship with Vietnam in respect to intercountry adoption has been a priority for me since I became Minister for Children and Youth Affairs. I acknowledge the commitment of the Vietnamese Government to the establishment of a safe adoption regime under the Hague Convention and their continued commitment to engage with the Irish Government on this issue.  I am hopeful that the progress made to date will continue and Vietnam’s arrangements for the adoption of children in need of homes will involve Irish families into the future.

While in Vietnam I have a comprehensive schedule of official meetings with representatives of the Vietnamese Government and a range of other official engagements.
In relation to the possibility of intercountry adoption between our two countries I will meet with Mr Ha Hung Cuong, Minister of Justice and Mr Nguyen van Binh, Director General of the Vietnamese Adoption Department.


 

Nepal May Reopen For Intercountry Adoptions in 2012?

A recent article in Republica (a Nepali newspaper) states that after the 2011 closure, the Nepal government will begin accepting adoption applications from foreign prospective parents this year.  Here is an excerpt from this article:

REPUBLICA

ARJUN POUDEL

KATHMANDU, Nov 29: After receiving no application for inter-country adoption in 2011, the government has asked prospective foreign parents to apply for adopting Nepali orphans for the year 2012.

The Ministry of Women, Children and Social Welfare (MWCSW) has formally invited applications through concerned embassies, diplomatic missions and international adoption agencies for the first time after inter-country adotption was suspended in 2009.

The ministry had suspended inter-country adoption following disclosure of rampant irregularities in the process. Some European countries including USA had also suspended adoption of Nepali children indefinitely after revelation of irregularities. Before the suspension, the ministry used to receive more than 500 such applications each year.

“We have completed listing eligible children for adoption for 2012. Altogether 252 children are eligible for adoption,” the legal officer at the ministry, Sher Jung Karki, said. Children formally relinquished by the family will also be put on offer for adoption, he said.

Some of the children´s homes had stopped providing shelter to newcomer orphans since a year after foreign countries stopped taking in Nepali children. The children´s homes cited financial problems for stopping providing shelter to newcomer orphans. Foreign adoption is one of the main financial sources of the orphanages.

The government has also introduced strict measures after reports of irregularities in adoption were disclosed.....

You can read the complete article on http://www.myrepublica.com/portal/index.php?action=news_details&news_id=38929. 

In 2011, 63 children were adopted from Nepal and brought to the US.  But, the Nepal adoption process has been fraught with problems.  In 2011, Nepal did not take any applications for intercountry adoption.  Also, in November 2010, the US announced it would no longer allow the adoption of children who were allegedly abandoned in Nepal as the paperwork supporting these abandonments was generally unreliable and the circumstances surrounding the abandonments often could not be verified.

Hopefully, the article above is accurate and adoptions from Nepal will now be transparent and ethical.  If you are considering adopting from Nepal, please ensure you are working with a licensed and reputable US agency.  As the Nepal adoption process can be complex, it may be helpful to contact the US Embassy in Kathmandu for the latest information, including a list of the adoption service providers who are registered with the  Government of Nepal.  Apparently this list changes fairly frequently.  You can reach the US Embassy in Kathmandu at: adoptionsnepal@state.gov.

Great Interactive Intercountry Adoption Map

Founded in 2001, the Congressional Coalition on Adoption Institute is a US-based non-profit "that works to raise awareness about the needs of children without families and to remove policy barriers that hinder children from knowing the love and support a family provides.  CCAI is unique in that each of our programs brings together policymakers and individuals with direct foster care or adoption experience.  We have found that when policymakers hear direct experiences of those affected by orphan and child welfare policy, they become engaged in this issue and work to bring about legislative improvements in an effort to ensure each child has their right to a family realized."  You can visit the CCAI website at: http://www.ccainstitute.org/.

This website also has a great interactive world map where you can click on various countries and immediately gain information about the current intercountry adoption status of these countries.  You can see this map here:  http://www.ccainstitute.org/for-members-of-congress-/country-updates-.html. 

Wonderful Source of Educational Resources and Toys for Children Adopted from Asia, Russia, India, and Africa

I first found Asia For Kids about ten years ago after I adopted my older daughter from Cambodia.  I was looking for children’s books written in English but with a Cambodian theme.  I struck out at my local library and did not find much at my local bookstore so I took to the Internet and came across Asia For Kids (http://www.afk.com/).  This online store sells over 3000 carefully selected items including books, games, cookbooks, dolls, holiday-themed items, puzzles, videos, and language teaching materials.  Where else can you find dice in Hindi, a Korean card game, a decorate your own Chinese lantern art kit, Hebrew, and Japanese, a Families of Vietnam video, and Dr. Seuss books in Chinese and English?

Here is an excerpt from the “about us” portion of their website:

 Welcome to Asia for Kids! We are committed to making your educational efforts easier. Our mission is to be the best global resource for teaching Asian languages and cultures. We review thousands of products and choose only the best quality for you. Your satisfaction is guaranteed! Our awards from the Parents' Choice Foundation and the Multicultural Publishers and Education Council will assure you of our efforts and commitment to provide authentic multicultural materials that educate and build self-esteem.
Our collection includes books, language textbooks, videos & DVD, audio CD, software, crafts, dolls, games, posters, crafts, t-shirts and resource materials for parents and teachers. The countries/cultures covered are: China, Japan, Korea, Vietnam, the Philippines, Laos, Cambodia, Taiwan, Thailand, Hmong, India, Bangladesh, Pakistan, the Middle East, Bali, Indonesia, Nepal, Burma/Myanmar, and Tibet. We offer the materials in many languages: English, Chinese (Mandarin & Cantonese), Japanese, Korean, Hmong, Vietnamese, Lao, Khmer (Cambodian), Filipino (Tagalog), Thai, Hindi, Tamil, Punjabi, Gujarati, Bengali, Spanish, Arabic, French & Indonesian.

Have fun shopping!

Intercountry Adoptions -- a 7 year downward trend

The US Department of State recently released its Annual Report on Intercountry Adoption.  (You can see the entire report at http://adoption.state.gov/content/pdf/fy2011_annual_report.pdf.)  One of the striking items in this report is the multi-year decline in the number of intercountry adoptions.  During FY 2011 (which ran from 10/1/10 to 9/30/11), 9,319 children were adopted overseas by Americans.  China represented 2,587 of these adoptions while Ethiopia accounted for 1,732 and Russia represented 962.  Together, these three countries comprised just over 56% of all intercountry adoptions into the US. 

The numbers for FY 2011, however, are lower than any since at least 1999 when the US State Department began publicly releasing intercountry adoption data.  In 1999, there were 15,719 intercountry adoptions in which children from overseas were adopted into the US.  This number climbed each year until 2004 when 22,991 intercountry adoptions occurred.  (http://adoption.state.gov/about_us/statistics.php)  In 2004 alone, 7038 children from China, 5862 children from Russia, and 3264 children from Guatemala were adopted into the US. 

Since 2004, however, the number of intercountry adoptions has fallen dramatically.  Here is a simple chart I created to illustrate this decline.

    

Fiscal Year	Number of intercountry adoptions
1999	15719
2000	18857
2001	19647
2002	21467
2003	22991
2004	22991
2005	22734
2006	20680
2007	19608
2008	17456
2009	12744
2010	11059
21011	9320

  

There are many reasons for this decline, including the closure of several countries (Cambodia, Guatemala, and Vietnam come to mind) and the marked slowdown in non-special needs adoption processing in China.  Families adopting from China now wait upwards of 5 years for a non-special needs referral.  The China Center for Adoption Affairs’ most recent batch of referrals placed children with families who had log-in dates through August 10, 2006 (no that is not a typo!).  It should be noted, however, that families open to adopting children from China with minor special needs have a much shorter wait.  If you are hoping to adopt from China or are already in the midst of doing so, please check out http://chinaadopttalk.com/ for a wealth of current information about the China adoption process.

The number of “orphans” worldwide is estimated to be as high as 132,000,000 to 163,000,000 and as low as 13,000,000.  The wide spread in these figures results from the different definitions of “orphan”.  According to UNICEF (http://www.unicef.org/media/media_45279.html), the larger estimates result from counting children as orphans when they have lost one parent.  The lower estimate results from counting children as orphans only after they have lost both parents.  Regardless of the orphan definition used, it is clear there are millions of children on earth who no longer have their parents.  Many of these children are cared for by their extended families.  Others make their way to local institutions, end up in foster care, and/or are cared for by their government.  Unfortunately, some children are exploited, trafficked, abused, or left to fend for themselves on the street.

It remains to be seen what lies ahead for intercountry adoption.  There have been many efforts of late to make the intercountry adoption process as transparent as possible.  Also, several countries, like China, are now seeing some of their orphans adopted locally rather than internationally.  At the end of the day, though, the simple fact remains that there are many families around the globe who hope to build their families through intercountry adoption and there are many children around the globe who are desperate for a family of their own.  Hopefully, 2012 will be a year filled with improvements in the intercountry adoption process.  Here is my pie in the sky wish list for the year:

1. All intercountry adoptions are transparent and ethical.
2. The profit-motive is no longer a driving factor (or a factor at all) in intercountry adoptions.
3. The best interests of the child are always the foremost consideration.
4. Child-trafficking, exploitation, the purchasing of children, the solicitation of birth mothers, and all the other unsavory and devastating potential byproducts of intercountry adoption no longer occur.