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EmailINTERCOUNTRY ADOPTION
BELGIUM
May 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: Belgium is not a country of origin for intercountry adoption.
PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE
ADOPTION AUTHORITY IN BELGIUM: Residents of the Flemish-speaking part of Belgium should contact:
Kind en Gezin
Hallepoortlaan 27
1060 Brussels
Tel.: (02) 533 1476
Residents of the French-speaking part of Belgium should contact:
Autorité Communautaire pour l’Adoption Internationale (ACAI)
Boulevard Leopold II, 44,
1080 Brussels
Tel.: (02) 413 2726.
Residents of the German-speaking community should contact:
Ministerium der Deutschsprachigen Gemeinschaft
Zentrale Behörde der Deutschsprachigen Gemeinschaft für Adoptionen
Gospertstrasse 1
B-4700 Eupen
Fax.: +32 (87) 55 64 74
Tel.: + 32 (87) 59 63 46
These organizations will provide you with detailed information on the adoption procedures and with a list of recognized adoption
agencies in Belgium.
ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Minimum age requirement is 25. The civil status depends on the laws of the country of origin of the child to be adopted. Please note there are no Belgian children for adoption, only third country national children.
RESIDENCY REQUIREMENTS: Prospective adoptive parents must be resident in Belgium to adopt in third countries.
TIME FRAME: The time it takes to complete an adoption varies, depending on the child’s country of origin.
ADOPTION AGENCIES AND ATTORNEYS: Prospective adoptive parents should contact the adoption authority for the region of
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 BELGIUM: Most fees will depend on the child’s country of origin. Belgian fees forgetting pre-approved (including the home study) vary depending on which community (Flemish-speaking, French speaking) prospective adoptive parents reside in.
ADOPTION PROCEDURES: An application must be submitted in writing to one of the adoption authorities listed above. Upon receipt of the application, two meetings with a social worker will be scheduled. If the social worker approves, the applicant(s) will begin a one-year period of registration that will include a monthly meeting at the adoption agency. If the agency so recommends, the applicant(s) will be referred to an ‘adoption jury,’ which will make a decision as to whether the applicant is fit to adopt. That decision, if positive, is followed by a home study, a psychological evaluation and a medical examination. At that point the applicant will be introduced to the child. This process can take up to three years. After the prospective parents and child have met, the legal adoption procedure, which can take another year, begins. This procedure requires the written consent of both biological parents if they are living, or sole, surviving parent, if applicable. After their consent is obtained, an ‘adoption act’ is prepared and a request to legalize the adoption is submitted to court with a copy to the General Prosecutor. The Prosecutor investigates and offers his opinion to the judge who makes the final decision on full adoption.
DOCUMENTS REQUIRED FOR ADOPTION IN BELGIUM: Prospective adoptive parents will have to under go a home study, a psychological evaluation and medical examination, once they are approved by an adoption jury to adopt.
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
BELGIAN EMBASSY AND CONSULATE IN THE U.S.:
Embassy of Belgium
3330 Garfield Street N.W.
Washington, D.C. 20008
Tel.: (202) 333-6900
Fax (202) 333-5457
E-mail: washington@diplobel.org
Belgium also has Consulates in Atlanta, Chicago, Los Angeles, and New York.
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 “International 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.
U.S. EMBASSY IN BELGIUM: 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 is located at:
Boulevard du Regent 25
1000 Brussels
Tel.: (02) 508-2537
Fax: (02) 513- 0409
E-mail: uscitizenbrussels@state.gov
APPLYING FOR A VISA AT THE U.S. EMBASSY IN BELGIUM: U.S. citizens residing in Belgium who have adopted children from third countries and who have not obtained a U.S. immigrant visa for their child in his or her country of origin, should contact the U.S. Embassy in Brussels for information on how to apply for an immigrant visa on their child's behalf.
ACQUIRING
ADDITIONAL INFORMATION: Specific questions about adoption in Belgium may be addressed to the U.S. Embassy in Brussels. Questions about adoption in
third countries should be directed to the U.S. Embassies in those countries. 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,
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/.
