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.