INTERCOUNTRY ADOPTION


KYRGYZ REPUBLIC



March 2008

Disclaimer: The following is intended as a general guide to assist U.S. citizens who plan to adopt a child from a foreign country.  Three sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the eligibility of individual children for adoption, as well as the adoption of children in that country in general; 2) the laws of the adoptive parents’ state of residence establish qualifications they must meet in order to adopt; and 3) U.S. immigration law governs the immigration of the child to the United States.  In addition, the Hague Convention on Intercountry Adoption, to which the United States became a party on April 1, 2008, establishes legal and regulatory requirements for intercountry adoption.

The adoption of children from countries that are party to the Hague Convention must follow the procedures outlined by the Convention, and its U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA).  More information on the IAA and the Convention can be found at travel.state.gov on the Children and Family pages on intercounry adoption .

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.


THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:

Kyrgyzstan is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention).  Therefore the entering into force of the Convention for the United States on April 1, 2008, will not change intercountry adoption processing for Kyrgyzstan .

Please Note: The Kyrgyz Republic requires post placement reports twice a year until the child is fourteen years old. Adoptive families must submit their reports through their adoption agencies to be forwarded to the Kyrgyz Ministry of Education.


PATTERNS OF IMMIGRATION OF ADOPTED CHILDREN TO THE U.S. :Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to children adopted from Kyrgyzstan :  

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

61

FY 2006

17

FY 2005

5

FY 2004

2

FY 2003

0



KYRGYZ ADOPTION AUTHORITY IN KYRGYZSTAN :

Ministry of Education
Department for Extracurricular Education and Protection of Children’s Rights (DEEPCR)
257 Tynystanova Street
Bishkek, Kyrgyz Republic


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Under Kyrgyz law, prospective adoptive parents must be at least 18 years old. Both married and single people may adopt Kyrgyz children; however, two people who are not married to each other cannot adopt a child together.  Kyrgyz law prevents homosexual individuals or couples from adoption.  Single parents may be required to present a sworn statement that they are not homosexual.


RESIDENCY REQUIREMENTS: Prior to the adoption, prospective adoptive parents must reside with the child for a minimum of one week at the child’s habitual place of residence in the Kyrgyz Republic . During this pre-adoption bonding period, a psychologist from the Ministry of Education monitors the interaction between the prospective adoptive parent(s) and the child, and reports to the Ministry of Education.  This prior visit requirement may be waived by the Ministry of Education if the adopting parents submit a statement of hardship in accommodating the two-trip requirement.  This cannot be waived, however, in cases where the child suffers from serious mental or physical disorders.


TIME FRAME: Prospective adoptive parents can expect to stay in the Kyrgyz Republic for at least one week during their initial visit and for approximately 10 days on their subsequent visit to depart with the child.  The entire adoption process usually lasts between six and nine months.


ADOPTION AGENCIES AND ATTORNEYS: Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.

Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs website travel.state.gov.

Under Kyrgyz law, adoption agencies are not recognized in Kyrgyzstan . Adoption service providers have to work either as independent facilitators or with legal firms or non-profit organizations. The current Kyrgyz law is ambiguous about the use of intermediaries between prospective adoptive parents and children eligible for adoption. Since 2005, due to the expressed wish of the Kyrgyz authorities to have control over the future welfare of the adopted children, the Ministry of Education started working with U.S.-based adoption agencies. These accredited agencies are responsible for reporting about the welfare of the adopted children to the Kyrgyz Government on a regular basis. Currently the Ministry of Education of the Kyrgyz Republic has agreements with five U.S.-based adoption agencies to facilitate adoptions from Kyrgyzstan . Please contact the adoption specialist at the Ministry of Education or the U.S. Embassy in Bishkek for contact information for these agencies (the list is not available on-line at this time). U.S. citizens who have lived in the Kyrgyz Republic for several years and plan to remain in the Kyrgyz Republic for an extended period of time following the adoption do not have to use an agency.


ADOPTION FEES IN THE KYRGYZ REPUBLIC : The Kyrgyz government does not officially charge any adoption fees.  There are, however, “unofficial fees” that are paid to the Ministry of Education, the courts, the adoption committee and to obtain a new birth certificate and a passport for the child.  These fees amount to approximately $6,000 to $8,500 per child.  In addition, the fee charged by the Kyrgyz Embassy in Washington, D.C. to authenticate documents is $100 per document.  An adoption dossier is not considered to be a single document and thus American prospective adoptive parents should expect to pay several hundred dollars for authentications.

U.S. adoptive parent(s) who believe that they were compelled at any point during the adoption process to pay exorbitant fees out of keeping with the general outline provided in this flyer should notify the Consular Section at the U.S. Embassy in Bishkek.


KYRGYZ ADOPTION PROCEDURES: The Kyrgyz Family Code, signed into law by the Prime Minister in 2006, mandates that the district civil courts handle adoptions of children from orphanages in their district.

Prior to Traveling to The Kyrgyz Republic :

  1. Prospective adoptive parents obtain a home study from their state of residence and an I-600A (Application of Advanced Processing of Orphan Petition) from the U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security.
  2. The adoption agency representing the prospective parents then forwards the “intent to adopt” statement and completed home study to the Ministry of Education in Kyrgyzstan .
  3. The Ministry of Education’s Department for Extracurricular Education and Protection of Children’s Rights (DEEPCR), reviews the dossier. Please note that the length of time required for dossier processing is unpredictable.
  4. Based on the expressed preferences of the prospective adoptive parents, DEEPCR selects three children from its database of children eligible for intercountry adoption. DEEPCR, the Custody and Guardianship Committee of the local administration in the region where the orphanage is located, and the local adoption agency coordinator select one appropriate candidate for adoption.
  5. The adoption agency will notify the parents of the decision.  The parents then decide if they will accept the child they have been offered.
  6. Once the parents agree to adopt the child and the parents’ complete dossier is submitted to DEEPCR, the prospective parents are free to travel to the Kyrgyz Republic and proceed with their petition for adoption.

Prior to departure for Kyrgyzstan, adoptive parents are strongly encouraged to check with the Adoption Unit in Almaty, Kazakhstan to confirm that their I-600A or I-600 approval has been received and that their fingerprints are still valid.


Once in the Kyrgyz Republic :

  1. Kyrgyz Republic , prospective parents are required to have a minimum of seven days of personal contact with the orphan they chose. This means that prospective adoptive parents must stay in the town where the orphan is living and visit the orphan on a regular basis during a one-week period. A Ministry of Education psychologist will monitor this interaction and report to DEEPCR whether the prospective parents and child appear to be a good match.  This prior visit requirement may be waived by the Ministry of Education if the adopting parents submit a statement of hardship in accommodating the two-trip requirement.  This cannot be waived, however, in cases where the child suffers from serious mental or physical disorders.
  2. Based on the psychologist’s recommendation, as well as its own review of the family’s file, the Custody and Guardianship Committee of the local administration in the region where the orphanage is located makes its own assessment and then refers the case to the district civil court having jurisdiction over the child’s place of residence in the Kyrgyz Republic .
  3. If the prospective adoptive parents cannot be present at the court hearing, a representative can act on their behalf of the parents provided the representative has a power of attorney. After the court makes its decision, there is a one-month waiting period before the decision becomes final. Prospective adoptive parents may leave the country for this period and return for the child after one month. If the prospective adoptive parents decide to stay, they will be allowed to continue to bond with the child. They may not, however, remove the child from the orphanage until they have the court order granting the final adoption.
  4. At the end of this one-month period, when the court has finalized its decision, the parents may then obtain the child’s new birth certificate showing his/her new name and the adoptive parents as the parents from the local office of the civil registrar (ZAGS).
  5. With the new birth certificate, the parents can apply for a Kyrgyz passport at the local passport office. It generally takes at least one month to receive a passport.
  6. At the same time the parents apply for the passport, they can contact the U.S. Embassy in Bishkek to make an appointment (Embassy Bishkek’s contact information is provided below). During the interview, the U.S. consular officer will complete Form I-604, “Report on Overseas Orphan Investigation.” Depending on the specifics of the case, the consular officer may determine that an additional investigation is required and will inform the adoptive parents approximately how long that might take to complete.  Generally, prospective parents should allow for up to three business days for processing the I-604.
  7. Almaty, Kazakhstan, to arrange to apply for the child’s U.S. immigrant visa (Embassy Almaty’s contact information is provided below).


U.S. EMBASSY KYRGYZ REPUBLIC

171 Prospect Mira
Bishkek, Kyrgyz Republic 720016
Tel.: +996 312 551-241
Fax: +996 312 551-264
e-mail: ConsularBishkek@state.gov
website: http://bishkek.usembassy.gov


U.S. EMBASSY BRANCH OFFICE ALMATY, KAZAKHSTAN                                                                                                                          
 Consular Section, Adoption Unit
Branch Office of the United States of America
97 Zholdasbekova, Samal - 2
Almaty, Kazakhstan 480099
Tel: 7-3272-50-48-02
Fax: 7-3272-50-48-84
http:// www.usembassy-Kazakhstan.freenet.kz
Adoption E-Mail: AdoptionsAlmaty@state.gov
General Consular E-mail: ConsularAlmaty@state.gov


DOCUMENTS REQUIRED FOR ADOPTION IN KYRGYZSTAN : The adoption application for the DEEPCR of the Kyrgyz Ministry of Education should include all of the documents listed below. It is important to note, however, that this is not necessarily an exhaustive list and that Kyrgyz authorities involved in various stages of the adoption process may request additional documentation.

  • A written statement of the prospective adoptive parents’ intent to adopt a child or children. The statement should include the prospective parents’ full names and address, as well as any preferences they may have with regard to the child’s gender, age, health/medical condition, etc. The statement should include the prospective parent’s pledge to provide adequate living conditions for the child and to register the child with the Kyrgyz Embassy in the Washington, D.C. within one month after arriving in the United States translated and notarized;
  • Copies of the parents’ passports, translated and notarized;
  • A home study report, drafted by a licensed social worker, attesting to the prospective parents’ living conditions and ability to provide for the child (must be legalized);
  • Copy of the parents’ marriage certificate (must be legalized);
  • Prospective parents’ mental and physical examination report from a doctor in the United States (can be included in the home study). The report should state that no adverse information impacting on their suitability to raise a child has been found, translated and notarized;
  • Reference letter from parents’ place of employment and parents’ current bank statement (must be legalized);
  • A statement certifying that the prospective parents have not previously had their parental rights terminated or limited by the courts for any reason. (This is normally included as part of the home study report.) (legalized within the home study);
  • A statement of no criminal record by the police authorities where the parents’ live (must be legalized);
  • Written statement from the Kyrgyz district administration’s guardianship body where the child resides stating that it has no objection to the adoption of the child by the prospective adoptive family;
  • A letter of guarantee stating that the child will go to school and will be covered by health insurance;
  • A letter from parents’ family doctor, stating that the child will be treated by him/her when child enters the U.S. (must be legalized);
  • A statement of guarantee from the adoption agency stating its commitment to submit information about the child’s living conditions, family situation and health during the post-adoption period (until the child turns 14). This information must be submitted to the Kyrgyz Ministry of Education twice a year;
  • Proof that the U.S. Government will allow the child to enter and reside permanently in the United States . (The Kyrgyz Government will accept the approved I-600A form for this purpose.)


ORPHAN INVESTIGATION AT U.S. EMBASSY BISHKEK.  After completing an adoption in Kyrgyzstan , parents are required to bring the child’s passport, adoption certificate and all civil documents relating to the child (birth certificate, orphanage documents, etc.) to the U.S. Embassy in Bishkek for an orphan investigation.  Either the parent(s) or their adoption coordinator can drop off the documents at the Embassy and it is not necessary for the child to be present.  The purpose of the investigation is to help ensure that children meet criteria for U.S. immigration before the family travels to Kazakhstan for immigrant visa processing.


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD: The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html.


KYRGYZ EMBASSY IN THE UNITED STATES:                                                                         
Embassy of the Kyrgyz Republic
1001 Pennsylvania Avenue, Suite #600, NW
Washington, DC 20004
Tel: 202-338-5141
Fax: 202-742-6501
http://www.kyrgyzembassy.org
consul@kyrgyzembassy.org



U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting Children , as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoptions can be found on the Bureau of Consular Affairs web site, http://travel.state.gov, under “Intercountry Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the flyer the requirements for filing I-600 petitions for orphans adopted by U.S. citizens. Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site at http://travel.state.gov/.

A parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Bishkek. Parents who do not have an approved I-600A, must file their Form I-600 (Petition to Classify Orphan as an Immediate Relative) with the U.S. Citizenship and Immigration Services (USCIS) office having jurisdiction over their place of residence in the United States.

Please note that an I-600 must be filed within 18 months of the approval date of the I-600A and within 15 months of the date of the fingerprint clearance. Please also note that the Consular Section in Almaty cannot approve an I-600 if significant changes have occurred since the approval of the I-600A by United States Citizenship and Immigration Services (USCIS). Significant changes include, but are not limited to, a change of address or a change of marital status. In such cases, USCIS must review the case and send updated notice of approval (i.e. a new Visas 37 with the change reflected) to Consular Section Almaty.

If you need to update a fingerprint clearance before traveling to Kyrgyzstan , please ask your USCIS office to cable or fax the updated fingerprint clearance to Consular Section Almaty. We cannot approve an I-600 for an adopted child when the fingerprint clearance is more than 15 months old.

Adoptive parents must have a valid fingerprint clearance in order to have an I-600 approved. Fingerprints are valid for 15 months from the date that they are checked against the FBI criminal database. If fingerprints are due to expire before completion of the U.S. immigrant visa process, please resubmit your fingerprints to DHS/USCIS in the U.S. before departing for Kyrgyz Republic . Please ask your USCIS office to cable or fax the updated fingerprint clearance to Embassy Bishkek. The U.S. Embassy in Bishkek cannot approve an I-600 when the fingerprint clearance is more than 15 months old. For more information about fingerprint clearance, please see http://travel.state.gov/fingerprint_notice.html.

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

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


NOTE:   The U.S. Consular Section in Almaty, Kazakhstan issues U.S. immigrant visas for children adopted from Kyrgyzstan .  After completing an adoption in Kyrgyzstan, parents visit the U.S. Embassy in Bishkek, Kyrgyzstan for a required orphan investigation before traveling to Almaty for visa processing.  Embassy Bishkek and Consular Section Almaty give top priority to adoption cases.  In most instances, parents can expect orphan certification in Bishkek to take two to three business days and visa processing in Almaty to take an additional two business days.  However, delays due to unclear or unreliable Kyrgyz civil documents or other reasons may lengthen this process.  Parents are strongly urged to be prepared for delays in visa processing.


APPLYING FOR A VISA FOR A KYRGYZ ADOPTED ORPHAN AT THE U.S. EMBASSY IN ALMATY, KAZAKHSTAN : Children adopted from Kyrgyzstan must apply for immigrant visas at the Embassy Branch Office in Almaty, Kazakhstan .  After the orphan investigation is complete in Bishkek, families or their adoption coordinators can drop off the child’s documents (originals, one certified copy of each document, and English translations), a completed but unsigned I-600 form, the I-604 orphan investigation form from Bishkek, one completed visa application, the child’s passport and two photographs at the Consular Section any business day before noon.  Please refer to the Consular Section’s web page for a more detailed list of documentary requirements.  Visa interviews generally take place the following business day at 3 p.m. At the time of the interview, the child and parent(s) must be present at the Consular Section of the Embassy Branch Office in Almaty. If one or both parents will not be present at the visa interview, please contact the Consular Section well in advance to determine specific requirements.

Note: The Consular Section makes every effort to issue visas at the time of the interview.  However, this is not possible in all cases and parents should be prepared to wait 24 hours after the visa interview to obtain the visa.   In rare cases, visa issuance may take longer than 24 hours. To help ensure that we are able to issue the visa for your adopted child as quickly as possible, please be sure that your documents are well organized and that forms DS-230, I-604 and I-600 are completed prior to submitting them at the Embassy Branch Office.


U.S. EMBASSY BRANCH OFFICE IN ALMATY, KAZAKHSTAN :

Consular Section, Adoption Unit
Branch Office of the United States of America
97 Zholdasbekova, Samal - 2
Almaty, Kazakhstan 480099
Tel: 7-3272-50-48-02
Fax: 7-3272-50-48-84
http://www.usembassy.kz

Adoption E-Mail: AdoptionsAlmaty@state.gov
General Consular E-mail: USAKZ@state.gov


U.S. EMBASSY IN THE KYRGYZ REPUBLIC: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel. Americans without Internet access may register directly with the U.S. Embassy in Bishkek. By registering, American citizens make it easier for the Embassy to contact them in case of emergency. The Consular Section is located at:

171 Prospect Mira
Bishkek, Kyrgyz Republic 720016
Tel.: +996 312 551-241
Fax: +996 312 551-264
e-mail: ConsularBishkek@state.gov
website: http://bishkek.usembassy.gov


ACQUISITION OF U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.


ADDITIONAL INFORMATION: Specific questions about adoption in the Kyrgyz Republic may be addressed to the U.S. Embassy in Bishkek. Questions about immigrant visa processing for Kyrgyz orphans may be directed to the U.S. Embassy Branch Office in Almaty, Kazakhstan .  General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818,

Useful information is also available from several other sources:

  • U.S. Department of State Office of Overseas Citizens Services - For information on intercountry adoption and international parental child abduction, and security information for U.S. citizens traveling abroad, call Toll Free 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. EST/EDT, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - For information on immigrant visas for adopted orphans, call (202) 663-1225. Press 1 for additional information on visas, and press 0 to speak to a Visa Information Officer, available 8:30 a.m.  - 5:00 p.m. EST/EDT, Monday through Friday (except Wednesdays 11 a.m. - 12:00 noon)
  • U.S. Citizenship and Immigration Services (USCIS) - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
  • National Visa Center (NVC) Public Inquiries (603) 334-0700, Email: nvcinquiry@state.gov.
  • Country Specific Information - The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information 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 that is not addressed in the CSI for that country, the State Department may issue a Travel Alert 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 travel.state.gov or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours.
  • USCIS web site