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/

DOS Notice: Korea Begins Implementing Special Adoption Act


South Korea 
January 25, 2013
Notice: Korea Begins Implementing Special Adoption Act 

On August 5, 2012, the Republic of Korea (ROK) Special Adoption Act, which governs intercountry adoptions from South Korea, went into effect.  This law prioritizes domestic adoptions and endeavors to reduce the number of South Korean children adopted abroad.  Under the Special Adoption Act, each intercountry adoption requires the approval of the ROK Family Court.  We anticipate other significant changes from previous intercountry adoption procedures and requirements.  The ROK government has not yet given public notice of the details at this time.

The ROK’s Ministry of Health and Welfare recently informed the U.S. Embassy in Seoul that adoptions that were in process but not completed by August 5, 2012 will be processed under the new law.  Adoption agencies in Seoul have confirmed that the files of all children under last year’s quota who had not received Emigration Permits prior to the effective date of the new law are now being sent to the Family Court for approval once Emigration Permits are issued.  Prospective adoptive parents who believe their case may fall under the new law should contact their adoption service provider for more information.  The ROK is accepting new adoption applications; however, prospective adoptive parents should not expect rapid processing of these cases until the ROK’s new procedures are in place.

We will continue to keep you updated through adoption.state.gov as additional information is received.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=south_korea_1

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

Friday, January 25, 2013

DOS Alert: Russian Supreme Court Letter on Implementation of Federal Law No. 272-FZ


Russia January 24, 2013

Alert: Russian Supreme Court Letter on Implementation of Federal Law No. 272-FZ

On December 28, 2012, President Vladimir Putin signed into law Federal Law No. 272-FZ. This law went into effect on January 1, 2013. It bans the adoption of Russian children by U.S. citizens, bars adoption service providers from assisting U.S. citizens in adopting Russian children, and requires termination of the U.S.-Russia Adoption Agreement.

On January 22, the Deputy Chairman of the Russian Supreme Court issued a letter to city and regional courts explaining the implementation of Federal Law No. 272-FZ. The letter states that for adoption cases in which court decisions involving U.S. citizen parents were made before January 1, 2013, (including those that entered into force after January 1, 2013 following the 30-day waiting period), the children should be transferred to the custody of their adoptive parents. [Note: the original letter in Russian can be found at http://www.supcourt.ru/Show_pdf.php?Id=8403; an unofficial English translation is available at http://moscow.usembassy.gov/adoptions-supreme-court.html.]
We understand that several U.S. families have already obtained final adoption decrees in accordance with this guidance. The Department of State continues to strongly encourage U.S. families, in cooperation with their adoption service providers, to seek confirmation from Russian authorities that their adoptions will be processed to conclusion, prior to traveling to Russia.

The United States continues to urge the Russian government to allow all U.S. families who were in the process of adopting a child from Russia prior to January 1 to complete their adoptions so that these children may join permanent, loving families. U.S. Citizenship and Immigration Services and the Consular Section at the U.S. Embassy in Moscow continue to process Forms I-600, Petition to Classify Orphan as an Immediate Relative, and immigrant visa applications for children whose families have obtained all required documents as part of the adoption process.

U.S. families in the process of adopting a child from Russia may continue to contact the Office of Children's Issues at RussiaAdoption@state.gov. The Office of Children's Issues will reach out directly to families as additional information becomes available. Further information regarding intercountry adoption from Russia will also be posted on www.adoption.state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=russia_10

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

Thursday, January 24, 2013

FY 2012 Annual Report on Intercountry Adoption

DOS released the FY 2012 Annual Report on Intercountry Adoption on its website today: http://adoption.state.gov/



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