Intercountry Adoption Serbia


  July 2006

DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

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.

PLEASE NOTE: Serbian law favors placing orphans with adoptive parents of Serbian origin.

The United States recognized Montenegro as an independent state on June 12, 2006, following the June 3 declaration of independence by the Montenegrin Parliament.  This flyer reflects current Serbian law on intercountry adoption and will be updated if there are changes in Serbian law or procedures.  The Department of State has published a separate flyer on intercountry adoption from Montenegro.

The United States has an Embassy in Belgrade, Serbia and a presence in Podgorica, Montenegro.  The office in Podgorica provides limited consular services to American citizens.  The U.S. Embassy in Belgrade provides all visa services, including immigrant visa services, to Montenegrin citizens at this time.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans.  These statistics do not distinguish between visas issued to Serbians and Montenegrins:

Fiscal Year       Number of Immigrant Visas Issued
FY 2005                                       7
FY 2004                                       1
FY 2003                                       7
FY 2002                                       8

ADOPTION AUTHORITY IN SERBIA:  
Ministry of Labor, Employment and Social Policy
Family and Children Security Department (Sektor za zastitu porodice i dece)
Nemanjina 22-26
11000 Belgrade
Phone: +381 11 3631448
www.minrzs.sr.gov.yu

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: The parents must be at least 18 years older than the child, but no more than 45 years older than the adopted child.  If there are two adoptive parents they must be married.  However, a common-law marriage can qualify.  A single person is eligible to adopt a child in Serbia with special approval from the Ministry.  Same sex couples are not permitted to adopt.
 
Prospective adoptive parents will be disqualified from adopting they have been diagnosed with are mental disorders infectious diseases.
Adoptive parents with other serious health conditions must demonstrate to the Ministry of Labor, Employment and Social Policy their ability to raise the child.

RESIDENTIAL REQUIREMENTS: There are no residency requirements for adoption.  However, current law gives priority to prospective parents who are of Serbian origin.

TIME FRAME: The length of the adoption process varies greatly.  If prospective adoptive parents have located a child prior to their arrival in Serbia, the whole process may be finished within four weeks.

ADOPTION AGENCIES AND ATTORNEYS: There are no adoption agencies in Serbia.  Prospective adoptive parents must work directly with the Ministry of Labor, Employment and Social Policy.  However, U.S. citizens considering adopting from Serbia may still choose to work with an adoption agency to assist them with the U.S. portions of the process.

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 web site travel.state.gov.

ADOPTION FEES IN SERBIA: There are no Serbian government fees for adoption.  The only fee to be paid is for the issuance of the Serbian passport for the adopted child, approximately US$15.00, but can vary with the exchange rate.

ADOPTION PROCEDURES:  Children between the ages of two months and 18 years are eligible for adoption.  Please note that a child must be under the age of 16 in order to qualify for a U.S. immigrant visa.

Adoptive parents must first contact the Ministry of Labor, Employment and Social Policy of Serbia, at the address provided above.  They must then submit the required documentation listed below.

If determined eligible by the Ministry of Labor, Employment and Social Policy, prospective adoptive parents are added to the register of eligible adoptive parents.  Each municipality in Serbia has its own authority called the Center for Social Work (Centar za Socijalni Rad), which is part of the Ministry of Labor, Employment and Social Policy.  These centers attempt to match registered children awaiting adoption with registered adoptive parents.  Prospective parents are directed to a specific municipality after a prospective match is made.

Please note that adoptive parents who are foreign citizens are matched only with children who have been on the register for a minimum of one year.  When a match is made and the Ministry informs the adoptive parents to that effect, local authorities will schedule a "Solemn Ceremony of Adoption" (usually within a few days).  Local authorities will then erase the names of the biological parents from the registry books and make a new entry with the names of the adopting parents.  Please note that the child's first name cannot be changed in Serbia.  Should the U.S. adoptive parents wish to change the child’s name, they must do so through a separate U.S. court process after returning to the United States.  Authorities will also issue an Adoption Decree (Resenje o usvojenju) which includes the child's history and details of the adoption process, Birth Certificate and passport.


DOCUMENTS REQUIRED FOR ADOPTION IN SERBIA:
 
  1. Written request with justification signed by at least one of the prospective adoptive parents (a short explanation or cover letter explaining the reasons and circumstances of the adoption).  Along with the written request, prospective adoptive parents should include the documents listed in 2-11, below:
  2. Short biography of prospective adopting parents;
  3. Home Study (U.S. Home Study acceptable);
  4. Prospective adoptive parents’ Birth Certificates;
  5. Marriage Certificate, if applicable;
  6. Criminal Records/Police Certificates;
  7. Medical report on general health condition;
  8. Evidence of employment, income, assets and home;
  9. Evidence that prospective adoptive parents meet the U.S. adoption requirements (I-171H is accepted);
  10.  Evidence of U.S. citizenship (passport);
  11. Photographs of adoptive parents (two 3.5 by 4.5 cm passport photos each).

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

SERBIA AND MONTENEGRAN EMBASSY AND CONSULATE IN THE UNITED STATES:

Embassy of Serbia
2134 Kalorama Rd, NW
Washington, DC 20008
Tel: (202) 332-0333
Fax: (202) 332-3933
Fax (Consular): (202) 332-5974
http://www.yuembusa.org/

Serbia also has a Consulate General in Chicago.

                    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 Adoption can be found on the Bureau of Consular Affairs Web site, travel.state.gov , under “Intercountry Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  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 travel.state.gov .

APPLYING FOR A VISA FOR AN ADOPTED CHILD AT THE U.S. EMBASSY IN BELGRADE: Immigrant visa appointments for Serbian citizens, including adopted orphans, are scheduled in advance by telephone at the U.S. Embassy in Belgrade. Please call (+381 11) 361 9344 x4660, x4810, x4662 between 15:30-16:30.  Post can generally issue immigrant visas for adopted orphans on the same day.

U.S. EMBASSY IN BELGRADE:  Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate 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 nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section of the U.S. Embassy in Belgrade is located at:

Kneza Miloša 50
11000 Belgrade
Serbia
Tel: (+381 11) 306 4655
http://belgrade.usembassy.gov/

ACQUIRING 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 Serbia may be addressed to the U.S. Embassy in Belgrade. 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, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:

Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. 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 calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains international country adoption information flyers like this one and the International Adoptions brochure.
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 Country Specific Information 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: http://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 by calling 1-202-501-4444.
USCIS web site - http://uscis.gov/ .