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Each Donor country (country that has children available for adoption) has certain requirements of potential parents. Therefore you have to fulfil these requirements before you can think about adopting from that country. Some countries have signed the Hague Convention. The Hague Convention is a multilateral treaty that serves to set internationally agreed upon norms and procedures for 66 prospective member countries who participate in inter country adoption. The goal of the Convention is to protect the children, birth parents and adoptive parents and to prevent abuses for example child-trafficking. If the countries have signed the agreement then the Uk will recognise their legal adoption procedures, if not you will have to readopt in the UK high court.
Below is a brief outline of the requirements of the most popular countries. This list is in no way a definitive list and you must check with you local authorities or the DfES for the most up to date information.
RUSSIA
There are over 1 million children in orphanages in Russia - of those 700 000 are available for adoption. Since the fall of the communist regime, many families have found themselves unprotected in an emerging capitalist society and many have had to give their children up for adoption. Others have been placed in the institutions because of neglect by the parents. International adoptions started in 1990 and Russia is one of the most popular destinations for international adoption - over 2500 Russian children were placed with US families last year, and in the UK there is roughly 40 adoptions a year. Despite the bad press about Russian adoptions, they are very successful.
* Children of all ages are available for adoption - due to laws you will unlikely to be able to adopt a child under 1 years old.
* You can adopt sibling groups.
* Majority of children are Caucasian, others Asian and other minority groups
* Couples must married at least one year but the preference is for longer. They may have been previously divorced
* Single women may adopt and single men are considered but without much success
* It is recommended that the age difference between the parent and the child is no more then 45 years
* Time frame after documents have been accepted is about 6-12 months.
* You may adopt sibling groups and also two children who are not related.
* You must travel a minimum of two times to Russia - once to meet the child and the second time to attend court and bring the child home.
* Must use an accredited agency but still possible to do independent adoption until laws change
* Adoptions are finalized in a court in Russia but then have to do re- adoption in the UK courts.
CHINA
In order to curb the rising population China passed the 'One Child Family' laws which restrict the number of children that each family can have. Single mothers and families who have already had the allocated number of children often abandon infants, hoping that they will be placed in the countries many orphanages and will be adopted out to loving families. As the male is child is considered more important in Chinese culture many of the children available for adoption are girls. But there are the exceptions.
Adoption from China happens on a goverment to government level. It is a process which is refined and relatively quick. The Chinese government allocate a quota of children that are available for UK to adopt each year, and this includes a number that are allocated to single parents. If the quota is full for the year then you will be put on a waiting list for the following year.
You will make one trip to China where your baby will be brought to your hotel room and handed over. After completing the necessary paper work then you can bring your baby home. A donation to the orphange is often requested.
* Available children include infants, toddlers, some older children. 98% of the children are girls
* No sibling groups, and only one child may be adopted at a time
* Only married couple may adopt from China.
* Both husband and wife are at least 30 years old and under 50 years old (this age limit is extended to 55 years old if the couple are applying to adopt a child with special needs)
* The couple must be married for at least 2 years. If either of the couple have been married before (and they may not have had more then 2 previus marriages) the couple must have been married for at least 5 years.
* Time frame is now 2.5 - 3 years wait after papers submitted by DfES.
See www.dfes.gov.uk/intercountryadoption/docs/ChinaFactsheetfrom1May2007.doc
* ALL fees are known in advance. Less than $5000 for Chinese government, and $3000 required donation to your child's orphange.
* You may have other children in your home
* If adopting a special needs child you will have to have at least on other child in your home
* Both or one parent may travel to China. If only one travelling a special power of attorney letter is required for the non travelling parent
* Stay in China is 10 days to 2 weeks and your child will be with you for most of that time
MONGOLIAFrom the Family law of Mongolia, entered into force on 08.01.1999
Chapter Seven
CHILD ADOPTION
Article 54. Adoption of, to give for adoption a child
54.1. A child shall be given for adoption in accordance with their interests.
54.2. A child may be given for adoption to foreign citizens according to the procedure provided under Article 58 of this law.
Article 55. General Conditions for adoption of and to give for adoption a child
55.1. The consent of parents to give for adoption their child and the application to adopt a child shall be made in writing certified by a notary public.
55.2. If anyone of the spouses is adopting a child, then he/she shall obtain a consent with this regard from wife or husband.
55.3. If a complete orphan as well as his/her parents both do not have full law capacity, then in case of giving for adoption their child, the consent of guardian, caretaker of respective child and of child care instruction unless otherwise provided by law.
55.4. An own consent of child, who has reached age of 7 years shall be obtained.
55.5 A child of a person whose parental rights has been curtailed, may be given for adoption after 6 months from date when the judgement of the court with this regard has become effective.
55.6. The prospective adopter shall submit an application for adopting a child to the Governor of Soum /county/ or district, where the child is residing.
55.7. The Governor of Soum or district shall review the application for adopting a child and shall make decision on whether to give for adoption within 20 days since receipt of such application.
55.8. An officer in charge civil marriage registration shall register the adoption of a child on the bases of decision on adoption of child.
Article 56. Registration and supervision of adoptable child in difficult conditions
56.1. The Governor of Soum or district shall made research study and maintain a register in the adoptable children in difficult conditions within the territory under his/her jurisdiction.
56.2. A central State Administrative Authority in charge of population matters shall maintain a unified register and place a supervision over adopted children in difficult conditions.
Article 57. Adopter
57.1. Adopter shall be a person, of who has reached the age of maturity, has full civil law capacity and who has ability to rise and up-bring the child.
57.2 It is prohibited to give a child for adopting to a person who is above age of 60 years, whose parental rights is restricted, curtailed or has been restricted or curtailed before; who has returned bade a child adopted by him/her because of his/her wrong, who has a vested interests; who has been declared by the court decision as not having a full civil law capacity or has a restricted capacity, who has tuberculoses or mentall discuss, who habitually consumes alcoholic drinks or narcotic substances, who has several criminal records and undergoing an imprisonment term.
57.3. When a complete orphan is being adopted by his/her relative person, the page restriction provided under Article 57.2 of this law is not applicable.
Article 58. Adoption of child of Mongolian nationality by a Foreign citizen
58.1. A foreign citizen shall file an application for adopting a child of Mongolian nationality to the Competent authority of Mongolia through the competent authority of his/her own country.
58.2. When a foreign citizen residing in Mongolia for not less than 6 months is adopting a child of Mongolian nationality, Article 58.1 of this is with applicable.
58.3. A prospective child adopter foreign citizen shall file the following document of the permission required under Article 55.1, 55.3 of this law:
58.3.1. An application of the prospective child adopter/if has husband/or wife then together/ and its official translation certified of a notary public;
58.3.2. A medical certification regarding whether adopter has tuberculoses, AIDS, or mental disease;
58.3.3. A certification regarding the place of permanent residence of the applicant by the relevant authority/ including the certification by a police authority/;
58.3.4. A certification on the living and financial ability of the applicant by the relevant authority of a respective state;
58.3.5. A certification regarding the applicant by the central state administrative authority in charge of population matters;
58.4. An authority provided under Article 11 of law on Foreign citizen legal status shall register the adoption of a child of Mongolian nationality by a foreign citizen.
58.5. When the application for adoption of child of Mongolian nationality who is residing in foreign country through the diplomatic and consular missions of Mongolia is decided according to this law, Article 58.1. shall not be applicable.
58.6. A central State Administrative Authority in charge of population matters shall maintain registry of a foreign citizen who have applied for adoption of a child of Mongolian nationality; and shall co-operate with other countries, their relevant authorities and international organizations on the issues of protecting child rights and their interests.
58.7. A regulation for giving for a adoption a child to foreign citizen shall be approved jointly by the Government Cabinet members in charge of justice and health and social welfare matters.
58.8. A responsibility to introduce the child?s motherland and parents shall be undertaken by the adoptive parents.
58.9. An adopted child shall exercise right to choose his/her own nationality according to the law of Mongolia on Citizenship.
58.10. This article equally applicable to stateless persons.
Article 59. Rights and Duties of the adopted child and of adoptive parents
59.1. Adopted child shall exercise the same rights and undertake the same duties as natural child.
59.2. Adoptive parents shall exercise the same rights and undertake the same duties as natural parents.
59.3. Adopted child shall be freed a duty a duty to foster the parents who given him/her for adoption and shall lose the property and non property rights.
59.4. Adopted child who is receiving a pension for losing a breed-winner shall entitled to return sub right to pension.
Article 60. Confidentiality of Adoption
60.1. An official and other persons with knowledge of the adoption secrecy shall have duty to maintain confidential.
60.2. If adoption confidentiality is disclosed without permission of adopter and adopted one, then he/she shall be liable as provided under the legislation.
61. Nullification of Adoption
61.1. The Court shall nullify the adoption on the suit filed by the natural parents, other interested persons, child rights and interests protection institutes and by the child who has reached the age of 14 years in cases when the adopter has misused his/her parental rights, has cruel treatment of child, has filed false documents and obtained adoption decision by this, and it is revealed that he/she is person provided in Article 57.2 of this law.
61.2. The court may nullify the adoption on other grounds if it is consider us necessary.
Article 62. Results arising out of nullification of adoption
62.1. The court shall decide the issue of returning back the child to his/her natural parents, guardian or caretaker in a case the adoption has been nullified.
62.2. The court shall decide the issue of transferring the child to child care institution if it is established that it is detrimental to the child?s rights and interest to return back to the parents; or any other his/her legal representatives is absent.
62.3. A suit may be filed in the court for obtaining expenses related to the transfer of the child to the child care institution and for obtaining a compensation for damages incurred from the adopter.
UKRAINE
Ukraine has recently re-opened its international adoption after a halt to reorganise the system. The same conditions that have bought Russian children into orphanges apply to the Ukraine.
* Available children are over 1 years old (under one year for children with special needs)
* Couples, single women and single men may adopt.
* Age is flexible, but you have to be under 45 to adopt an infant.
* You may adopt if you have biological children
* Travel required is one trip of min 3 weeks or two trips of 5 days each.
* Adoption is finalised in Ukraine court
KAZAKHSTAN
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| Kazakhstan adoption authority |
Ministry of Education Committee on Guardianship and Care. |
Age and sivil status requirements |
There is no age or marital status requirement stated in Kazakhstan regulations at this time, except that an unmarried prospective parent must be at least 16 years older than the child she intends to adopt. |
Kazakhstan adoption procedures |
Foreign citizens hoping to adopt a Kazakhstani child begin the process in the host countries. Once prospective adoptive parents are cleared for adoption in their home state, and have completed processing with the Immigration and Naturalization Service, the next step is to select a child and to plan a visit to Kazakhstan. In advance of visiting Kazakhstan, prospective adoptive parents must register with the Ministry of Foreign Affairs (MFA) of the Republic of Kazakhstan to indicate their intention to adopt a Kazakhstani orphan. An adoption agent normally assists with the registration process by submitting the file of documents to the Kazakhstani Embassy in the United Kingdom of the Great Britain and Northern Ireland. These documents must be notarized, have an apostle, and be translated in Russian. The Kazakhstani Embassy then conveys the file to the MFA in Astana for processing (approximately two to three weeks), and sends it to the Ministry of Education of the Republic of Kazakhstan which forwards the file to the Guardianship Body in the town where the parents wish to adopt. The Guardianship Body will then issue a letter (which is used to apply for a Kazakhstani visa) inviting the parents to travel to Kazakhstan to apply for adoption. The Guardianship Body does not, match a child to the parents or in anyway "assign" a child to adoptive parents until the parents arrive in Kazakhstan, select a child in person, and apply to the court to adopt the child.
Before formally submitting an adoption application, Kazakhstani law requires that prospective parents have a minimum two weeks of personal contact with the orphan whom they hope to adopt. This means that prospective parents must stay in the town where the orphan is living and visit the orphan on a regular basis during the two-week period. Kazakhstani law requires that orphans be registered with the Ministry of Education Committee of Guardianship and Care for at least three months before they are eligible for adoption. Once all legal requirements are fulfilled, prospective parents may submit their adoption application to the civil court that will decide whether to grant the adoption.
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The adoption application to the Kazakhstani court should include (but is not limited to): |
a. A formal application to the guardianship entity where the child to be adopted currently resides. The application should contain the full name and address of the prospective parent(s) and indicate the child they intend to adopt;
b. Written commitment of the prospective parent(s) to allow visitation of the adopted child by Kazakhstani authorities post-adoption;
c. Copies of the parent(s)' passports or other identification documents;
d. Copy of the parent(s)' marriage certificate (if applicable);
e. Documents certifying financial means (annual tax returns, employer's statement showing the annual salary/income);
f. Prospective parent(s)' medical examination report issued by a medical entity;
g. Home study report prepared by a competent authority of the prospective adoptive parents' country. Family photographs must be attached to the report;
h. Approval from the adoptive parents' country of residence allowing the child to enter and permanently reside there.
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After the court makes its decision there is a 10-day waiting period before the decision is final. In some cases this waiting period can be waived by the judge. After the court's decision is finalized, parents may apply for the child's new Kazakhstani birth certificate and passport. In addition to the passport, the child will need a permanent exit visa from the local Office of Visas and Registration (OVIR) office where the child resides. Due to processing time for the birth certificate, passport, and exit stamp (all of which must occur consecutively), parents should allocate at least 3-5 days after the adoption. |
AUTHENTICATIONS: |
All documents submitted to the Kazakhstani government/court must be authenticated. Kazakhstan is a party to the Hague Legalization Convention. Generally, civil records, such as birth, death, and marriage certificates, must bear the seal of the issuing office and an apostle must be affixed by the state's Secretary of State. Tax returns, medical reports and police clearances should likewise be authenticated. Prospective adoptive parents should contact the Irish/UK Ministry of Foreign Affairs of their home state for instructions and fees for authenticating documents. Documents issued by a federal court must be authenticated by a clerk or deputy clerk of the federal court system.
All English language documents must be submitted to the Kazakhstani government/court accompanied by a certified Russian translation. |
Your visit to Kazakhstan |
In addition to a valid Kazakhstani visa (obtainable from the Kazakhstani Embassy in London, please, see below), travellers are required to register with the local Office of Visas and Registration (OVIR) in the city of their point of entry or the first city in which they are visiting if their stay in that city is three days or longer and each subsequent city if the stay is longer than three days. The fee for registration is nominal (currently 20 USD but subject to change) and requires the traveller's passport. Visa registration is usually handled by the local legal counsel facilitating the adoption case. Travellers should also have written proof that they have passed an HIV test within one month prior to their arrival in Kazakhstan. The HIV test can be conducted locally, but it is advisable to have the test conducted prior to arriving in Kazakhstan. |
Contact infirmation |
KAZAKHSTAN EMBASSY IN THE UNITED KINGDOM (CONSULAR SECTION):
33 Thurloe Square
London
SW72SD
Tel: +44207-5814646
Fax: +44207-5849905
E-mail: consulate@kazakhstan-embassy.org.uk | |
BELARUSThe Council of Ministers' regulations governing foreign adoptions of Belarusian orphan children came into force on February 24.
Under the regulations, recommended for foreign adoptions may be children who have been on the official list of orphans for no less than one year if no adoptive parents have been found for them in Belarus.
The list, which currently includes some 12,000 children, will now be formed on the basis of proposals from regional guardianship and wardship offices, not by the National Adoption Center as before.
"Foreign citizens' applications for adoption will now be considered by regional guardianship and wardship offices and then will be submitted to the National Adoption Center.
Adoptions will only be allowed for citizens of the foreign countries with which Belarus has an appropriate agreement. At present Belarus has such an agreement with Italy only. All countries, including UK, have been informed and received a draft agreement but so far have not expressed a definite readiness to sign it.
New regulations clearly specify grounds for foreign adoptions. "A systematic effort should be made to find a Belarusian adoptive family for the child," she said. "It is necessary to find out if the child has any relatives. All of them should be questioned as to whether they can have the child under their care. It is also necessary to find out whether the child has a brother or a sister, as it is very important not to part them."
The regulations fully meet the Marriage and Family Code, the Rights of the Child Law and the standards of international law, and is aimed at protecting the rights and interests of orphan children.
GUATEMALA
Guatemala used to be a very popular place to adopt from but in recent years there has been some problems and international adoption has slowed down. Most children are placed for adoption because of poverty. Abandoned or relinquished children are placed in foster homes soon after birth and are available for international adoption. A relinguished child now has to undergo DNA testing to prove legitimate
* Most of the children are Hispanic, Indian or Mestizo (Spanish and Indian mix).
* It is possible to adopt very young babies
* Married couples and both single men and women can adopt
* There is no age restriction on potential parents
* No limit to the amount of children already in the home
* Wait period is 6 - 8 months
The British Embassy in Guatemala has advised us that applicants for adoptions for children from Guatemala should be aware that there is currently a three month delay in interviews being conducted by the British Embassy.
The delay is due to the high demand by applicants for interviews also the Embassy has had to adjust its interview diary commitments around the opening times of the DNA laboratories over the forthcoming festive period.
Steps are being taken to reduce the waiting time wherever possible and offer earlier interview times when cancellations arise. The British Embassy is conscious of the anxiousness that this delay can cause in the process and asks for the patience and forbearance of applicants whilst the situation is rectified.
VIETNAM
VIETNAM Adoption from Vietnam was suspended for all foreign nationals in January 2003, unless their country had a bilateral agreement relating to inter-country adoption. There is currently no agreement between the United Kingdom and Vietnam. In August 2006, the Vietnamese authorities advised us that British nationals wishing to adopt Vietnamese children could only do so in exceptional cases. These exceptions include those that potential parents:
· Have been living, working or studying in Vietnam for at least six months
· Have a spouse or parent who is a Vietnamese citizen or of Vietnamese origin (Vietkieu)
· Have a relationship with the prospective child?s family or have already adopted a sibling of the child.
If those wishing to adopt a Vietnamese child do not meet the above conditions, they can still apply to adopt a child with disabilities or a serious illness.
INDIA
India is struggling with a surplus of abandoned and unwanted children and is urging people in Britain and other Western countries to adopt its orphans.
The Sunday Times of London says India is renewing its efforts to save its children from a life of poverty and deprivation by finding homes for them in Europe and the United States.
India is estimated to have more than 11 million abandoned children, and the Times reported that the number of newborn babies abandoned at adoption facilities is continuing to rise. Many of the babies are born to poor, young mothers who are unable to raise them. The vast majority of these children face a future of prostitution, menial labor or simply begging on the streets if families are not found for them, the report said.
The Times reported that last year, only 4,000 abandoned children in India escaped this bleak fate. Now, the Indian government has brought about a change in policy, increasing the number of children available for adoption and making the adoption procedure quicker and easier for families who seek to adopt.
THESE CONDITIONS HAVE CHANGED - CHECK HERE SOON FOR THE NEW UPDATE
* You can only adopt a child if you are Hindu (including Buddhism, Jainism, Sikhism) If you are of another religion you can only take a child under guardianship
* Married couples and single men and single women can adopt children of either sex
* If a male child is to be adopted there must be no male children living at the time of adoption and if a female child there should be no daughter or son's daughter living at the time of adoption
*If adoption is by a male and a girl is to be adopted you must be at least 21 years older then the child
*The same child cannot be adopted simultaneously by two or more persons - therefore one member of the married couple can only adopt but must have the consent of the other party
* All adoptions must pass through CARA Central Adoption Resource Agency
* Adoptions will take place in Indian court and you will have to readopt in the UK courts
More information can be found on CARA website : http://www.cara.nic.in/adoptionfromindia.htm
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