Thursday, February 28, 2013

DOS Adoption Notice: Taiwan implements a Pre-Adoption Immigration Review requirement for all adoptions by U.S. citizens of children residing in Taiwan


Taiwan  
February 27, 2013

Notice: Taiwan implements a Pre-Adoption Immigration Review requirement for all adoptions by U.S. citizens of children residing in Taiwan

The Department of State shares the follow web alert posted by U.S. Citizenship and Immigration Services on February 26, 2013.

In January, the Taiwan Child Welfare Bureau issued an administrative order that requires all adoption cases filed on behalf of U.S. prospective adoptive parents with the Taiwan courts to undergo the U.S. PAIR process. The order applies to all currently licensed Taiwan adoption services providers (ASP), and any ASPs which may be licensed in the future. The administrative order instructs Taiwan ASPs to include a letter issued by the American Institute in Taiwan (AIT) located in Taipei, confirming that USCIS successfully completed the PAIR process with each court filing initiated after April 1, 2013. The new requirement will not affect pending adoption cases filed with Taiwan courts before April 1, 2013.

To enable prospective parents adopting from Taiwan to comply with Taiwan's new requirement, USCIS issued a policy memorandum, effective immediately, that allows prospective adoptive parents to file a Form I-600, Petition to Classify Orphan as an Immediate Relative, before Taiwan courts finalize an adoption in Taiwan. These new procedures allow USCIS to assess the child's eligibility for U.S. immigration benefits and make a preliminary determination before Taiwan courts finalize the adoption decree. A copy of the policy memorandum is available at uscis.gov.

After USCIS issues a preliminary determination of the child's immigration eligibility, AIT will issue a letter to prospective adoptive parents confirming completion of the PAIR process.  Prospective adoptive parents, through their ASPs, must include the letter from AIT when filing a case with the Taiwan courts.

To begin the PAIR process, petitioners adopting children from Taiwan should file the Form I-600 petition and supporting documents with the USCIS National Benefits Center (NBC) before filing an adoption case with the Taiwan courts. Please refer to the Form I-600 instructions for filing instructions for the NBC. USCIS overseas offices and the AIT will continue to accept Form I-600 petitions, but such petitions will be forwarded to the NBC for PAIR review.
Prospective adoptive parents filing their Form I-600 petition should include all available required documentation when filing a Form I-600 petition, except the adoption decree or grant of legal custody. In addition, the following PAIR-specific documentation must be submitted when the child's country of origin is Taiwan:
  1. Evidence of availability for intercountry adoption generated by the Taiwan island-wide database;
  2. Signed adoption agreement between birth parents and prospective adoptive parents for use in Taiwan District Family Courts; and
  3. Power of attorney appointing the Taiwan ASP to represent the prospective adoptive parents.
The Taiwan District Family Court will make its own determination regarding the child's adoptability. After completing the adoption and receiving the adoption decree from the Taiwan District Family Court, U.S. adoptive parents will submit their adoption decree and all necessary documents to AIT for final Form I-600 petition approval and immigrant visa processing.

You may refer to adoption.state.gov for additional information about adopting from Taiwan.
 http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=taiwan_2

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Friday, February 8, 2013

DOS Adoption Alert: Haiti authorizes U.S. adoption service providers


Haiti  
February 8, 2013

Alert: Haiti authorizes U.S. adoption service providers

Haiti’s adoption authority, Institut du Bien-Être Social et de Recherches (IBESR), has authorized a limited number of U.S. adoption service providers (ASPs) to provide adoption services in Haiti pursuant to its new administrative adoption procedures, which became effective on November 5, 2012.  Although these new procedures are part of the Government of Haiti’s efforts to become a Hague Adoption Convention partner with the United States, at this time Haiti is not party to the Convention.  The U.S. government will continue to process adoptions under the non-Hague system until the Convention enters into force for Haiti.

In order to complete an intercountry adoption from Haiti, the adoption must comply with all of Haiti’s laws and regulations.  These include the eligibility of the prospective adoptive parents to adopt, the eligibility of the child for intercountry adoption, and the matching of prospective adoptive parents with a specific child.  The child must also meet the definition of an orphan under U.S. immigration law.  All adoptions filed with the Haitian government on or after November 5, 2012 must comply with the new procedures.

The Department strongly urges all U.S. prospective adoptive parents interested in pursuing an adoption in Haiti to work with an ASP authorized by IBESR.  The Department emphasizes that Haiti’s new procedures prohibit adoptions in which arrangements are made directly between the biological parents or custodians and the prospective adoptive parents (i.e. private adoptions).  The new procedures also prohibit adoptions in which prospective adoptive parents seek a match with a child without the assistance of IBESR or an ASP authorized by the Haitian government (i.e. independent/individual adoptions).  Similarly, Haiti will not approve adoptions where the child’s biological parents or legal representatives expressly decide who will adopt their child, unless the adoption is of a spouse’s child, is an intra-family adoption, is by a child’s foster family, or the child is the sibling of a child who has already been adopted.  

The procedures (paras. 37-40) also specifically require ASPs authorized by IBESR to conduct post-adoption reporting on the child every six months for the first two years and annually for three additional years after the child is placed with the adoptive family.  These reports must include a medical evaluation of the child, a school report, a psychological evaluation, and a social evaluation.  The director of the authorized ASP must author the first four reports and forward them directly and solely to IBESR, whereas an independent expert may author the final three reports and the parents can submit them to IBESR.

According to IBESR, the following 19 U.S. ASPs have been authorized to provide adoption services in Haiti.  The Department will publish the names of any additional authorized ASPs upon receipt of official notification.  Publication of this list of ASPs does not constitute the Department’s endorsement of them:
  • A Love Beyond Borders
  • Adoption-LinkAll Blessings International/Kentucky Adoption Services
  • All God’s Children International
  • America World Adoption
  • Bethany Christian Services
  • Building Arizona Families
  • Carolina Adoption Services, Inc.
  • Children’s House International
  • Chinese Children Adoption International
  • Dillon International, Inc.
  • European Adoption Consultants, Inc.Holt International Children’s Services, Inc.
  • Lifeline Children’s Services
  • Love Basket
  • MLJ Adoptions, Inc.
  • Nightlight Christian Adoptions
  • Sunny Ridge Family Center, Inc.
  • Wasatch International Adoptions
The U.S. Embassy in Port-au-Prince will continue to clarify the new procedures as they are updated by IBESR, and the information in this update is subject to change.  Please refer to our website adoption.state.gov for updates on adoptions in Haiti.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=haiti_5





Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Thursday, February 7, 2013

DOS Adoption Notice: DRC Changes at Embassy Kinshasa for adoption-related immigrant visa processing


Democratic Republic of Congo 
February 7, 2013

Notice: Changes at Embassy Kinshasa for adoption-related immigrant visa processing

Due to the increase in the volume of intercountry adoptions from the Democratic Republic of the Congo (DRC) by U.S. citizen families, U.S. Embassy Kinshasa announces several changes to its procedures for adoption related immigrant visa processing.  On January 31, 2013, Embassy Kinshasa held a teleconference with U.S. offices of adoption service providers (ASPs) operating in the DRC, to announce these changes.  A meeting will take place February 7 at the U.S. Embassy in Kinshasa with local ASP representatives to share the same information.  This notice summarizes the information shared in those meetings.

Embassy Kinshasa will now conduct the required field investigation after the approved I-600 petition is electronically received from U.S. Citizenship and Immigration Services (USCIS), or, for petitions filed in the DRC, upon receipt of the petition.  The Embassy will notify the petitioner, their ASP, and their designated representative to schedule a visa interview only once the field investigation is complete.  The Embassy will not schedule the interview until the field investigation is complete.  Adoptive families should be advised that field investigations may take approximately 3-6 months to complete, possibly longer if the case originates from an area experiencing civil unrest.  This change is effective immediately, but does not affect any appointments already scheduled.

Because of the security situation in the country, Embassy Kinshasa discourages U.S. citizens from traveling to the DRC solely for the purpose of filing the I-600 petition, and recommends that anyone considering travel to the DRC first review the Department of State’s travel warning for the DRC.  The option of filing the I-600 petition at Embassy Kinshasa is intended primarily for U.S. citizens resident in the DRC.  Residents of the United States should file their I-600 petition directly with USCIS National Benefits Center.  Petitions filed at Embassy Kinshasa may be filed by either spouse listed on the petition.  The absent spouse must sign the I-600 petition before it is submitted, but the petition does not need to be notarized.  The child’s Congolese passport is no longer required by Embassy Kinshasa to file the I-600 petition.  It must, however, be ready before the immigrant visa application and interview.

As a courtesy, the Embassy has gathered information about processing passport and exit visa paperwork with the Congolese government; however, please be advised that these processes are solely administered by the Congolese government and are subject to change.  The processing time for an application with the Ministry of Foreign Affairs (MFA) for a Congolese passport for an adopted child is approximately 2 weeks.  The fee for the Congolese passport is$170.  The processing time for an exit permit with the Direction Generale de Migration (DGM) is approximately 1 week.  There is no fee for the exit permit.  The MFA and DGM conduct their own investigations to ensure Congolese procedures have been followed.  Embassy Kinshasa will not make calls to expedite processing of either the passport or the exit permit.

Embassy Kinshasa received reports that some individuals have paid “expediting fees” to various Congolese offices in order to receive services related to adoption more quickly.  The Embassy strongly discourages this practice, as these “fees” can be seen as bribes that encourage corruption.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=democratic_republic_of_congo_4

****As a reminder, PEAR issued an Ethics Alert and Cautionary Statement in December 2012 recommending that PAPs do not initiate new adoption cases from DRC : http://pear-now.blogspot.com/2012/12/pear-ethics-alert-and-cautionary.html

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Tuesday, January 29, 2013

DOS Adoption Notice: Adoption Notice for Nigeria


Nigeria  
January 29, 2013

Notice: Adoption Notice for Nigeria

Adoption and guardianship decrees from Nigerian states that lack adoption laws, and adoptions by persons of non-Nigerian heritage, may not be allowable under Nigerian law or acceptable for purposes of U.S. immigration.

The Department of State is aware of instances in which U.S. citizens have sought or are seeking to pursue adoptions in Nigerian states that lack adoption laws.  These states include all northern states, with the exception of Plateau State and Nasarawa State.  It is unclear whether any adoption or guardianship orders originating in these states can legally occur.  Therefore, such orders presented to the U.S. Consulate General in Lagos, as part of an adoption petition filing or visa application, will likely require further investigation.  More information on adoption investigations conducted by the U.S. Consulate General, including approximate wait times, can be found here.

Adoption laws in Nigeria are complex.  Even in states in which adoption laws exist, specific requirements can differ from state to state.  All Nigerian states that have adoption laws, with the sole exception of Lagos State, require the prospective adoptive parent(s) to be of Nigerian heritage.  As a result, non-Nigerians are not allowed to adopt in most states. 

The Department advises U.S. citizens interested in pursuing an adoption from Nigeria to research U.S. immigration laws and the relevant Nigerian federal and state laws and procedures by consulting with a reputable, licensed agency or experienced facilitator in the United States, and with the appropriate state social welfare office (usually named the State Ministry of Women’s or Family Affairs) in Nigeria. 

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=nigeria_1

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Sunday, January 27, 2013

DOS Adoption Notice: Notes from Ambassador Jacobs' Meeting with Adoption Service Providers on December 11, 2012 in Addis Ababa


Ethiopia January 25, 2013

Notice: Notes from Ambassador Jacobs' Meeting with Adoption Service Providers on December 11, 2012 in Addis Ababa

During a visit to Addis Ababa from December 8-11, 2012, Ambassador Susan Jacobs, Special Advisor for Children’s Issues, met with the staff of U.S.-based Adoption Service Providers (ASPs).  The Office of Children's Issues posts this notice to provide interested parties with information discussed at the meeting on December 11, 2012.  Meetings between Embassy Addis’ Adoptions Unit and ASPs take place several times a year and are announced to in-country representatives in advance.  This notice recaps the issues discussed.

Administrative Discussion with Embassy Addis Ababa Adoptions Unit

I-600A Validity
An adoptive family’s I-600A petition must be valid at the time that the I-600 petition and case file are submitted to the U.S. Embassy for review.  Currently, many adoption service providers email the embassy at ConsAdoptionAddis@state.gov following initial I-600A approval by the National Benefits Center in order to confirm the case number and the expiration date of the fingerprint approval and I-600A approval.  Embassy Addis’ Adoptions Unit requests that, at the time the adoption service provider (ASP) submits the original I-600 and other supporting documents, that it also provide a printed copy of the confirmation email mentioned above.  Taking this additional step will ensure that the I-600A is valid at the time of I-600 submission, and help us avoid instances where a family might learn their fingerprint clearances are expiring very late in the Embassy review process.
The screening checklist linked on Embassy Addis’ website here has been updated to reflect this new change.

Expedited processing
The Adoptions Unit will consider on a case-by-case basis expeditious processing for children with serious medical conditions that require urgent treatment that is unavailable in Ethiopia.  Cases involving children who have serious but stable medical conditions or who are already undergoing treatment in Ethiopia generally do not qualify for expeditious processing.  More typical medical conditions like asthma or stable HIV/AIDS, which are common reasons for requesting expedited processing, would not usually qualify.


Expedited cases are not exempt from the required review of orphan status through the Form I-604, Determination on Child for Adoption.  We encourage all agencies to inform us as early as possible about cases involving children with serious medical conditions requiring urgent treatment that is unavailable in Ethiopia, even at the time of referral.  The more information about the child’s medical condition we have in advance, the faster we’ll be able to move the case through the system.
For cases that we do expedite, it is essential that the ASP stay in close contact with the panel physician in order to keep the adoptive families informed of how long it will take for a child to be medically cleared for travel.  The Adoptions Unit encourages parents to direct questions about the timing of the medical clearance to their ASPs, so it is important that ASP staff be aware of the status of their respective children’s panel physician clearances at all times.  Doing so will ensure that a child who is cleared for a visa does not get held up because of unexpected delays with the medical clearance.

For some children with confirmed TB or other medical conditions that require lengthy testing prior to issuance of the panel physician report, the Adoptions Unit can work with the ASP to have the child examined prior to issuance of the Ethiopian passport.

Cases from the Southern Nations, Nationalities, and People’s Region (SNNPR)
The Adoptions Unit requests that ASPs provide detailed information on the status of any cases which have been delayed for a significant period of time (i.e. 8+ months) because of the new review process instituted by the SNNPR Bureau of Women’s, Children’s, and Youth Affairs (BOWCYA) office.  Embassy Addis Ababa supports the efforts of SNNPR BOWCYA to accurately document all orphaned children within the region, and to follow the Alternative Care Guidelines outlined in an Ethiopian Ministry of Women’s, Children’s, and Youth Affairs 2009 directive on the subject.  However, the Adoptions Unit recognizes that families adopting from Ethiopia’s southern region have undergone an extremely lengthy and sometimes difficult process, and so we will expedite processing of those cases to the extent possible.  As with cases that are expedited for medical reasons, cases from SNNPR are not exempt from the required review of orphan status through the Form I-604, Determination on Child for Adoption.

Addis Ababa Death Certificates
For children who come from Addis Ababa and whose parents are deceased, we still require a death certificate from the Addis Ababa municipal government if the children’s parents died in the city.  In general, a statement from a church or an Islamic court will not be sufficient, especially for cases from Addis Ababa where death certificates are fairly easy to obtain.  More information about which local documents are acceptable is available on the embassy’s website.

Key Points from Remarks by Ambassador Susan Jacobs,
Special Advisor for Children’s Issues

Standards of Practice
Adoption Service Providers continue to improve their standards of practice, and Embassy Addis’ Adoptions Unit reports that the documentation submitted with adopted children’s case files as part of the I-600 petition has significantly improved over the last year.  However, it is important for ASPs to look beyond documentation and ask what they can do to ensure ethical and transparent adoptions that are in the best interest of the child.  Ethical and transparent adoptions lead to clearer and more easily adjudicated petitions, and are in everyone’s best interests. 

Also with respect to documentation, we encourage ASPs to work with orphanages to ensure proper documentation of a child’s entrance into care, including gathering information about the child’s parentage, age, circumstances of abandonment, efforts made to locate parents or ensure that parental or guardianship rights were appropriately relinquished, and even a photograph of the child at the time of placement with the orphanage, if available.   Ensuring that this information is gathered at the time of entrance into care enables your agency to ensure the children who are placed for intercountry adoption are truly available for adoption, and that there are no opportunities for misfeasance in the referral process.  We recognize that many ASPs work with children who were placed in orphanages long ago, which makes it even more important to work with those orphanages to improve standards of practice to ensure that children are properly documented at the time they are placed for intercountry adoption. 

Similarly, while it is important to be able to acquire the necessary documentation in any given adoption, it is more important to know how the orphanage comes by this information and how it operates on a daily basis.  If an ASP contributes funds to an orphanage or relies on an affiliate to operate an orphanage on its behalf, the ASP needs to know where that money goes and ensure that it benefits the children.   Moreover, ASPs need to ensure that the documentation about a child presented by an orphanage is a reflection of the true circumstances and not simply a document created to satisfy a request.

Finally, on the issue of raising the standards of practice, the Department of State is supportive of the new Intercountry Adoption Universal Accreditation Act of 2012, a measure that will require all U.S.-based ASPs to be Hague accredited, even when operating in countries like Ethiopia that have not acceded to the Hague Convention.  The act will take effect July 14, 2014

Education of Parents
Ethical and transparent adoptions can only occur when birth families are making fully informed decisions without influence from outside parties.  One of the ways ASPs can support ethical and transparent adoptions is to ensure that relinquishing parents and relatives understand the true meaning of intercountry adoption and the consequences of the decision to relinquish a child. 

It is also important to ensure that adoptive parents are educated and informed about the children they are adopting.  If an ASP or the orphanage has information about a child’s medical condition or a behavioral issue, it is essential that the adoptive family be provided with that information.  Bringing an adopted child into a new family and culture, often while learning a new language, is extremely difficult.  Just as educating relinquishing parents is essential for the best interests of the child, keeping adoptive parents informed must be a top priority for every ASP.  We need to give every adoptive family the tools and information needed to succeed.
http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ethiopia_19
Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/