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.
Thursday, February 23, 2012
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
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
Wednesday, February 8, 2012
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.
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.
Thursday, January 19, 2012
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.
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.
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.
Friday, January 13, 2012
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.
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
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.
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.
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