Ukraine Adoption: Communication
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Ukraine Adoption: People
Ukraine Adoption: Transportation
Ukraine Adoption: Visa Stats

THE CHILDREN

According to Ukraine law a child must be at least fourteen months of age before they are eligible for adoption by foreigners. Occasionally, infants under one year of age are available. Although it is not necessary that a child have medical or developmental disabilities to be eligible for international adoption, adopting parents should consider all children adopted from Ukraine to be special needs. Adopting parents should expect developmental delays. In general, limited information is available regarding the child’s birth parents. Both boys and girls are available for adoption.

ELIGIBILITY TO ADOPT

All prospective families must complete an application and Adoption agreement, submit any required fees, have their home study approved by a licensed Social Worker, and receive approval from the U.S. Citizenship and Immigration Services (USCIS) before becoming fully eligible to adopt.

In accordance with the U.S. Citizenship and Immigration Services guidelines, all Russian adoption laws, and Orphans Adoptions mission and by-laws, married couples and single individuals greater than 25 years of age will be considered.

Furthermore, there are no specific age criteria in Ukraine’s adoption law. Both parents need to travel to Ukraine for the adoption, although both do not have to remain during the entire adoption process.

ADOPTION PROCESS

International adoptions from Ukraine allow BCIS approved families to travel approximately 3-4 weeks after completing their foreign paperwork. In Orphans Adoptions’ Ukraine program, families may choose a specific child after seeing the child in person and reviewing medical and developmental information available to them. Pre-travel photographs and videos of available children are not available from the Ukraine. After choosing a child the adoption can be completed in approximately two weeks. This time frame includes a mandatory 10-day waiting period after the court hearing before the adoption is legally in effect. Occasionally this 10-day waiting period is waived by the court judge. Except in unusual circumstances, both parents need to be present in court. According to Ukraine law, the judge is the sole authority to approve or deny an adoption. Subsequently, the orphan investigation will take place at the U.S. Embassy in Kiev. Following this, the immigrant visa is obtained for the child at the U.S. Embassy in Warsaw, Poland. Orphans Adoptions families are accompanied and guided by our international staff while in the Ukraine.

Step 1 - Complete Orphans Adoptions Application and Adoption Agreement, and submit $250 Application Fee.
Step 2 - Select Homestudy Agency and complete required paperwork.
Step 3 - Homestudy completed by social worker and sent to USCIS for approval.
Step 4 - Submit USCIS application to local branch office.
Step 5 - Begin Ukraine Foreign Dossier.
Step 6 - Receive USCIS approval.
Step 7 - Dossier sent to Ukrainian Consulate for authentication/translation.
Step 8 - Dossier sent to National Adoption Center in Kiev for referral (generally 2-4 weeks).
Step 9 - Family travels to Ukraine to complete adoption.

PROGRAM COST

$12,050*: This fee includes a $250 application fee, $5,000 agency fee, $6,500 foreign fee, and a $300 refundable registration fee.

Note: The total includes fees paid directly to Orphans Adoptions. USCIS application, document authentication and translation, vital record documents, passports and visa fees, and travel expenses incurred to, from, and in-country have not been included. Please contact Orphans Adoption if you would like an estimate of these fees.

A child adopted by a U.S. citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. The child must be an orphan, as defined by U.S. immigration regulations. Children who do not qualify under this definition may not immigrate to the U.S. as an orphan even if legally adopted by a U.S. citizen. There are two distinct categories of immigrant visas available to orphans adopted by U.S. citizens. The two categories are Immediate Relative-3 (IR-3) and IR-4. An IR-3 is issued when a child is adopted under the laws of a foreign country. An IR-4 is issued when a child will be adopted in the United States (That is, the American parents have custody of a child to take him or her to the United States to be adopted there.) An IR-4 is also issued when state pre-adoption requirements require that a child be adopted in that state or if both parents have not seen the child. The Department of State encourages U.S. citizens to verify that a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption.

An Orphan. If an adopted child has not resided with and been in the legal custody of the adoptive parent for at least two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

The child must be under the age of 16 at the time an I-600 Petition is filed with the BCIS on his or her behalf.
The child meets the U.S. immigration law definition of "orphan" because: (a) The child has no parents because of the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents**; or (b) The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption.
• The adopting parents must have completed a full and final adoption of the child (for IR-3) or must have legal custody of the child to take the child to the United States for emigration and adoption (for IR-4).

**Prospective adopting parents should note that the terms "disappearance of both parents," "abandonment by both parents," "desertion by both parents," "separation from both parents," and "loss from both parents" all have specific legal meanings defined in section 204.3(b) of Title 8 of the U.S. Code of Federal Regulations. Whether a child qualifies as an orphan under any of these categories is determined by reference to the U.S. regulatory definitions and not by any local (foreign) law designations that may be used to identify a child as orphaned.

The adopting parent(s) must meet the following BCIS requirements in order to file the I-600 petition for the immigrant visa for an adopted child:

If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;
If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;
The adoptive or prospective adoptive parent must be a U.S. citizen.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

The Petition

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services (BCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services (BCIS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who obtains an approved I-600A may file an I-600 in person at the U.S. Embassy in Warsaw, Poland.

Documentary Requirements for the I-600A

Approved Form I-600A (Application for Advance Processing of Orphan Petition);
Fingerprints of each prospective adoptive parent on Form FD-258*;
Proof of the prospective petitioner's United States citizenship;
Proof of the marriage of the prospective petitioner and spouse, if applicable;
Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable;
A home study completed by the appropriate State organization with a favorable recommendation;
Filing fee of U.S. $460.00.

The I-600 is filed at the U.S. Embassy in Warsaw, Poland after an adoptive parent has legal custody of a child. If an I-600A has already been approved, there is no fee. However, if parents are adopting two or more biologically unrelated children, there will be a $460.00 fee for each additional child.

Documentary Requirements for the I-600

Form I-600, Petition to Classify Orphan as an Immediate Relative;
Proof of the orphan's age;
Death certificate(s) of the orphan's parent(s), if applicable;
Proof that the orphan's sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan only has one parent;
A final decree of adoption, if the orphan has been adopted abroad;
Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage;
Proof that the pre-adoption requirements, if any, of the state of the orphan's proposed residence have been met, if the orphan is to be adopted in the United States.

Detailed information about filing these forms can be found on the BCIS web site at www.uscis.gov. U.S. citizens who have adopted or hope to adopt a child from Ukraine should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Warsaw, Poland as soon as the form is approved. Upon receipt of such notification, the U.S. Embassy in Poland will contact the adopting parent(s) and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from a BCIS office in the U.S.

The Orphan Investigation

One part of the petition process that BCIS cannot complete in advance is the "orphan investigation". - even if an I-600 has already been approved - which serves to verify that the child is an orphan as defined by U.S. immigration law. The consular officer reviews the documentation and adoptive parents' knowledge of the circumstances of the adoption and health of the child. Adoptive parents will be given a sealed copy of the report (Form I-604), which they will take to the U.S. Embassy in Warsaw, Poland. The U.S. Embassy in Warsaw will complete the review of the immigration petition and (if all legal requirements have been met and no ineligibility is discovered) issue the immigrant visa.

IMPORTANT: The American Citizen Services (ACS) section of the U.S. Embassy in Kiev has implemented an appointment system for American parents wishing to complete the I-604 and authenticate Ukrainian documents for their newly adopted Ukrainian children. The ACS Unit requires at least three-business days notice for an appointment. Please contact the Consulate at (380)-44- 490-4079 in order to establish a time and date of an appointment. If the ACS Unit is unable to take parents' calls immediately, parents should leave their names, requested appointment date, and a contact telephone number on the voice mail. Parents should not assume that they have an appointment by leaving a message on the office's answering machine. Appointments must be confirmed by the ACS Unit with a return phone call, if a request was left on our answering machine.

Appointments for adoptive parents are available in Kiev from 8:30 to 10:30 a.m. and from 2:30 to 3:30 p.m. on Monday through Friday, except the last Friday of the month (the Consular Section is closed to the public that day) and all Ukrainian and U.S. holidays. Please check the U.S. Embassy Kiev Web site for a list of official holidays when the Embassy and the Consular Section are closed: http://usinfo.usemb.kiev.ua. Please note that public hours are subject to change, therefore parents are advised to contact the ACS Unit at one of the phone numbers above prior to their coming to the Consular Section.

DOCUMENTS NEEDED FOR THE ORPHAN INVESTIGATION INTERVIEW:

An original plus at least one certified and authenticated copy of the Ukrainian court decree granting the adoption. Note: Ukrainian law does not allow the authentication of a court-issued document. Only a certified copy can be authenticated.

The original birth certificate issued in the child's adopted name. The original should be authenticated.

The copy of the court decree declaring that the child is an orphan and/or unambiguously declaring that any surviving parents have no legal parental rights under Ukrainian law. If available, abandonment letters from birth parents may be submitted instead. If not available, please check that the court decree that grants the adoption clearly states that the child qualifies for adoption, i.e. abandoned by parents at birth, found by police etc.

A copy (certified preferred) of the child's pre-adoption birth certificate. Note: the district office of vital records will confiscate the pre-adoption birth certificate as part of the adoption proceedings, so make the copy before the court date.

The original of the orphanage's medical report/medical history for the child. This report must be thorough and provide all information that was submitted to the court.

The original Ukrainian passport issued in the child's new name. (Remember, the name will be spelled according to Ukrainian rules of transliteration from Cyrillic to Latin; the fact that it is not spelled as the parents intend will not cause any future difficulties).

One passport-size photograph of the child.

An official English translation of all Ukrainian documents. The child's passport does not need to be translated.

An additional photocopy of all aforementioned documents including translations.

AUTHENTICATION PROCESS FOR DOCUMENTS ISSUED IN UKRAINE: The ACS Unit authenticates the adoption court decree and post-adoption birth certificate of adopted child after the documents have gone through the Ukrainian authentication chain. The adoption court decree and post-adoption birth certificate of an adopted child must be authenticated before adoptive parents come to the U.S. Embassy in Kiev for I-604 investigation interview. The documents should be first authenticated by the Ministry of Justice - Mykhailo Kotsubinskoho 12, Kiev, Ukraine, tel. 235-4050/235-4083. Please allow some time (from one to three days) for the action at the Ministry of Justice to be completed. Currently, this service is provided free of charge. Afterwards, the documents should be authenticated by the Ministry of Foreign Affairs - Mykhailivska Ploshcha 1, Kiev, Ukraine, tel. 212-8392/293-2906. For two-day service, a fee of 25 hrivnyas (approx. $5) per document will be assessed. The Ministry of Foreign Affairs accepts documents any working day 9:30 a.m. - 12:30 p.m. and returns documents the next day from 3:00 p.m. - 5:00 p.m. Ukrainian fees and working hours are subject to change. Please check with the corresponding ministries in advance. The authentication chain is completed at the U.S. Embassy at the time of I-604 interview. Authentication fee is $30 per document.

U.S. EMBASSY IN UKRAINE
Consular Section
U.S. Embassy
6 Pymonenko St.
Kiev. Ukraine
Telephone: (380)-44-490-4422/4000.
Fax: (380)-44-236-4892.
Email: kievadoptions@state.gov

Immigrant Visa Processing: The U.S. Embassy in Warsaw, Poland, processes immigrant visas for children adopted in Belarus, Latvia, Lithuania, Poland and Ukraine. Once parents complete the adoption process in Ukraine, they should contact U.S. Embassy in Warsaw to make arrangements for an appointment with an immigrant visa officer there. The Immigrant Visa Section at the U.S. Embassy in Warsaw works by an appointment system requiring at least a three-business day notice. Adoptive parents should contact the Embassy in advance and get an appointment scheduled. Parents should not wait to make their appointment in Warsaw when they come to the Consular Section of the Embassy in Kiev.

Information on needed documents for immigrant visa interview and on other requirements for filing the I-600 is available at the U.S. Embassy in Warsaw, Poland. The following are the address, telephone/fax numbers, E-mail and web-site addresses for the U.S. Embassy in Warsaw, Poland:

U.S. Embassy in Warsaw, Poland
Aleje Ujazdowskie 29/31
Tel: 48-22-628-3041/42…/49
Fax: 48-22-627-4734
Web site: http://www.usinfo.pl
E-mail: ADOPTWRW@state.gov

Please visit the Web site for the U.S. Embassy in Poland for information on immigrant visa processing for adopted children.

NATURALIZATION: Under the Child Citizenship Act of 2000, which became effective on February 27, 2001, children automatically become U.S. citizens when all of the following requirements have been met: at least one parent is a U.S. citizen; the child is under 18 years of age; there is a full and final adoption of the child; and, the child is admitted to the United States as an immigrant. A foreign-born child who enters the United States on an Immediate Relative (IR) -3 visa automatically becomes a U.S. citizen that day. A foreign-born child who enters the United States on an IR-4 visa and is adopted in a U.S. court, will become a U.S. citizen when the adoption is finalized in the United States (the child will be a legal permanent resident until then). For further information, please consult with the consular sections at U.S. Embassies abroad or the nearest office of the Bureau of Citizenship and Immigration Services. Additional information is available at http://www.travel.state.gov/childcitfaq.html

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions. The BCIS publication is available at the BCIS Web site. The Department of State publication can be found on the Bureau of Consular Affairs Web site under "International Adoptions" (see link below to return to International adoptions page).

QUESTIONS: Specific questions regarding adoption in Latvia may be addressed to the Consular Section of the U.S. Embassy or Consulate in Latvia. Parents may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, toll-free Tel: 1-888-404-4747 with specific questions.

Information is also available from several sources:

Telephone - Call Center -Toll Free Hotline: Overseas Citizens Services in the Bureau of Consular Affairs (CA/OCS) has established a toll free hotline for the general public at 1-888-407-4747. The OCS hotline can answer general inquiries regarding international adoption and will forward calls to the appropriate Country Officer. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calls from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328.
1) State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225.
2)Bureau of Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
Internet - the Consular Affairs web site, at: http://travel.state.gov contains international adoption information flyers and the "International Adoptions" brochure.
BCIS web site - www.uscis.gov.

Other information: Consular Information Sheets - The State Department has general information about hiring a foreign attorney and authenticating documents which may supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets (CISes) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens, the State Department may issue a Public Announcement alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at http://travel.state.gov.

March 2003