Alert: Democratic Republic of the Congo Immigration Authorities Suspend Issuance of Exit Permits to Adoptees

This alert updates the Department of State's May 2 adoption alert regarding the suspension of issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents.

On September 27, the Congolese Ministry of Interior and Security, General Direction of Migration (Direction Generale d'Immigration, DGM) informed the U.S. Embassy in Kinshasa that effective September 25, 2013, the DGM suspended issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents. The DGM reports the suspension will last up to 12 months. This suspension is due to concerns over reports that children adopted from the Democratic Republic of the Congo may be either abused by adoptive families or adopted by a second set of parents once in their receiving countries.

The suspension of exit permits for adopted Congolese children applies to all intercountry adoptions and is not limited to adoptions by U.S. citizens. These exit permits are required in addition to U.S. immigrant visas in order for children to travel to the United States.

The DGM has not indicated whether adoptions in process may continue during the suspension period. The U.S. Embassy in Kinshasa is seeking clarification on the impact this will have on cases where adoptions were already completed, or completed and an immigrant visa issued. We will post new information as it becomes available on www.adoption.state.gov.

Please direct questions related to this alert or a specific adoption from the Democratic Republic of the Congo to the Department of State, Office of Children's Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AskCI@state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=democratic_republic_of_congo_3

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

DoS Alert: Vietnam's Department of Adoptions Issues Further Guidance for U.S. Convention-Accredited Adoption Service Providers

The Department of Adoptions in the Ministry of Justice of the Socialist Republic of Vietnam (MOJ/DA) has issued the following guidance.  This guidance is related to the MOJ/DA’s July announcement, published on this website, to accept applications for authorization from U.S. Convention-accredited adoption service providers (ASPs).
Begin text of guidance:

In the spirit of cooperation under the Hague Adoption Convention, the Vietnamese government has agreed to license two U.S. ASPs to operate a proposed, limited intercountry adoption program of children with special needs, older children, and children in sibling groups.  In 2014, Vietnam will license two U.S. ASPs to operate in Vietnam as follows:

• Acceptance of applications for licensing – from July 22, 2013 through September 21, 2013:  ASPs may submit applications for licensing to operate in Vietnam at the Ministry of Justice’s reception desk every Tuesday and Thursday.
• Application pre-screening and review – from September 22, 2013 through December 21, 2013:  Based on the number of applications received, the Ministry of Justice will review, assess, and make a shortlist of ASPs.  Subsequently, MOJ/DA will schedule interviews with the Vietnam program manager of the shortlisted ASPs.  If an ASP is not contacted by the Ministry of Justice during this period, this means that the ASP was not shortlisted.
• Assessing the capacity of shortlisted ASPs – from the end of 2013 to the beginning of 2014:  The Ministry of Justice will organize an interagency delegation to examine the operations of shortlisted ASPs at their headquarters in the United States.

Based on the results of application review, interview, examination of ASP operations in the United States, and in consultation with other relevant Vietnamese agencies, the Minister of Justice will decide which two most qualified ASPs among the shortlisted candidates will be licensed.
During the application acceptance and review period, the MOJ/DA will not accept any requests for meetings from any U.S. ASP.  If necessary, the MOJ/DA will contact the ASPs which have been shortlisted to submit additional documentation.
End text of guidance.


CAUTION:  The Department of State urges U.S. prospective adoptive parents not to initiate Form I-800A or Form I-800 filings with USCIS identifying Vietnam as the country of intended adoption and not to take steps to initiate an intercountry adoption in Vietnam until the Department of State announces that it has determined that U.S. intercountry adoptions from Vietnam may proceed.  Please monitor adoption.state.gov for further updates.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=vietnam_7

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

DoS Notice on Mexico: Updated information on U.S.-based Hague Accredited Adoption Service Providers authorized by Mexican Central Authority.

The Mexican Central Authority recently provided the U.S. Central Authority with official notification that, in August 2013, it granted authorization to provide adoption services in Mexico to five additional U.S.-based Convention accredited adoption service providers.  This action brings the total number of U.S. adoption service providers authorized in Mexico to eleven: 

1. Carolina Adoption Services, Inc
2. International Child Foundation
3. Across the World Adoptions
4. All God’s Children International
5. Adoption Related Services, Inc.
6. MLJ Adoptions, Inc.
7. International Adoption Net (August 2013)
8. The Open Door Adoption Agency (August 2013)
9. The Catholic Charities of the Archdiocese of Chicago (August 2013)
10.  Hands Across the Water (August 2013)
11.  Children’s House International Adoptions (August 2013)

It is essential that U.S. citizens wishing to adopt in Mexico work with an adoption service provider that has current U.S. Hague accreditation or approval and is currently authorized by the Mexican Central Authority.  Because Mexico periodically updates its list of authorized providers, we encourage prospective adoptive parents to verify their adoption service provider’s authorization status with the Mexican Central Authority before initiating an adoption.  The Mexican Central Authority publishes a list of adoption service providers authorized to provide adoption services in Mexico.  In addition, our Mexico adoption information flyer includes contact information for the Mexican Central Authority along with information on the Mexican intercountry adoption process.

We publish updated information related to intercountry adoptions from Mexico as we receive it.  If you have any further questions please write to us at adoptionUSCA@state.gov or call us at 1-888-407-4747.


http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=mexico_7

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

DoS Notice: Updated information from the Mexican Central Authority regarding adoptions completed without first fulfilling all intercountry adoption processing steps

The Mexican Central Authority (MCA) recently informed the Office of Children's Issues that it is unable to issue the required Convention Article 23 certification for any out-of-order adoptions, and that prospective adoptive parents will need to redo such adoptions in accordance with Mexican law. The "How to Adopt" section of our Mexico adoption flyer, which will be updated soon, summarizes the process for adopting a child from Mexico.
The MCA emphasized that ALL Convention adoption cases from Mexico must meet the following requirements:

1. All prospective adoptive parents must work with a U.S. accredited or approved adoption service provider (ASP) that is also authorized in Mexico. For up to date information on U.S. agencies authorized to provide adoption services in Mexico, prospective adoptive parents may refer to the website of the national Desarollo Integral de la Familia (DIF).


2. Before commencing adoption processing at the state level (and prior to matching), the authorized ASP acting on behalf of the prospective adoptive parents must first file the adoption application (also known as dossier) with the Secretaria de Relaciones Exteriores (SRE). The SRE forwards the adoption application to the national and state offices of the DIF. The application must include an approved I-800A.


3. Prospective adoptive parents and the children who are to be adopted must meet the Mexican intercountry adoption eligibility requirements. These requirements, as provided by the MCA, are summarized on our Mexico adoption flyer under the "Who can be Adopted" and "Who can Adopt."

The MCA advised that that if a family already completed an adoption without following all Convention steps in order, then the family may go to a Mexican federal court and petition the court for an amparo ordering the lower/state court that issued the adoption decree to open, or vacate, the adoption.. Once the family has been granted a federal amparo ordering the lower/state court to vacate the previous adoption, the family would redo the entire adoption in compliance with Mexico's Convention intercountry adoption process.

Mexico's stated policy means that an I-800 petition based on an adoption completed out of order in Mexico must be denied pursuant to 8 CFR 204.309(b)(1). For some out-of-order Convention adoptions, the cited regulation allows for provisional approval of an I-800 if the petitioner can demonstrate that the adoption cannot be voided, vacated or annulled. With this announcement, provisional approval for out of order Mexican intercountry adoptions is unavailable because the MCA indicated that adoptions can be vacated, voided, or annulled in Mexico through a federal amparo process. Furthermore, the MCA has stated that it will not issue the required Convention Article 23 certification for cases that do not follow the Mexico's Convention process. Without the MCA's certification, the U.S. Embassy cannot issue a Convention immigrant visa.


We will publish additional updated information related to intercountry adoption in Mexico as we receive it. If you have any further questions please write to us at adoptionUSCA@state.gov or call us at 1-888-407-4747.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=mexico_6

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

DoS Alert on Uzbekistan: Decree amending the Civil Procedural Code concerning Courts appointed as adoption authorities to review domestic and intercountry adoptions

July 22, 2013

In May 2013, the Government of Uzbekistan issued a decree amending the Civil Procedural Code concerning Courts appointed as adoption authorities to review domestic and intercountry adoptions.  The changes will require the judicial system of Uzbekistan to implement certain procedural steps for reviewing adoption cases.  Because the details of these changes will not be known until the Cabinet of Ministers releases final procedural orders, prospective adoptive parents may face unexpected delays during the implementation of the new process.

Updated information about the new procedures will be added as soon as it becomes available.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=uzbekistan_1

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