INTERCOUNTRY ADOPTION

June 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 on our website under Hague Adoption Convention . 

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:

The Czech Republic is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) and with which the Convention is in force for the United States .  


TRANSITION CASES: Under U.S. law, an adoption case involving a Convention country already in process on April 1, 2008 when the Convention entered into force with respect to the U.S. did not/not change into a Hague case on that date. These transition cases will continue to be processed in accordance with the immigration regulations for orphan adoptions which were in effect at the time the case was filed, explained in the State Department Flyer How Can Adopted Children Come to the United States .

If the Application for Advance Processing of an Orphan Petition (I-600A) or Petition to Classify an Orphan as an Immediate Relative (I-600) was filed before April 1, 2008, then the Convention and the IAA will not apply to that case.  The Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS) considers a case properly filed when USCIS receives an application or petition along with any required filing fee.  The filing date is stamped on the application or petition to show the time and date of actual receipt.   For further information on transition cases, please see the FAQs: Transition Cases and the Hague Adoption .


PLEASE NOTE: The Czech Republic is a party to the Hague Convention on Intercountry Adoption and will only approve intercountry adoptions when the prospective adopting parent(s) reside in a country that has also ratified the Convention.


PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S. : Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Czech orphans:

ADOPTION AUTHORITY IN THE CZECH REPUBLIC :

Central Office for International Legal Protection of Juveniles
("Urad pro Mezinarodnepravni ochranu deti")
Benesova 22,
60200 Brno, Czech Republic
Tel: (420) 54221 5443 through 5.


ELIGIBILITY TO ADOPT: Both married and single persons may adopt Czech children.  There can be a maximum of 40 years between the prospective adoptive parents and the child.


RESIDENCY REQUIREMENTS: Prospective adoptive parents must be legal residents of the Czech Republic or reside in a country that is also party to the Hague Adoption Convention.  In addition, Czech authorities may require prospective adoptive parents to care for the child for up to two years prior to approving an adoption. 


TIME FRAME: It takes about two years from original application to the end of process.


ADOPTION AGENCIES AND ATTORNEYS: There are no private adoption agencies in the Czech Republic .  Prospective adoptive parents may locate an adoptable child either by contacting a local social service office or by hiring an attorney familiar with the Czech social services system.  The U.S. Embassy in Prague maintains a list of Czech attorneys; this list may be obtained in person from the consular section of the U.S. Embassy or via the Embassy’s web site at: http://prague.usembassy.gov/con_am_legal.html


ADOPTION FEES IN THE CZECH REPUBLIC : There are officially no fees for adoption.  There are fees for court papers and new birth certificate in the range of tens of dollars.  Prospective adoptive parents can expect to pay attorneys fees for services rendered. The U.S. Embassy in Prague discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in the Czech Republic at risk.


CZECH ADOPTION PROCEDURES:

Once a child is located for adoption, the following requirements must be met:

1. A written request from the Central Authority of the prospective adoptive parents must be mailed to the Central Office for International Legal Protection of Juveniles.  The request is forwarded to the appropriate guardian authority (usually the Department of Youth of the local town hall). 
   
2. Often a period of 3-24 months of pre-adoption care of the child by the adoptive parents is required.
   
3. Czech district Court have jurisdiction on decisions in adoption cases of children to be adopted on the Czech territory.  The Czech Central Authority for Adoption must approve adoptions to foreign countries. Czech district courts have jurisdiction on decisions in adoption cases.  

DOCUMENTS REQUIRED FOR ADOPTION IN THE CZECH REPUBLIC :  Adopting parents are also required to present the following supporting documents translated into the Czech language by a court translator and certified by the Czech Embassy in Washington, D.C. :  

• Parents' Birth Certificates;
• Marriage Certificate, if applicable;
• Police Certificates/Clearances for all countries where prospective adoptive parents have resided for extended periods of time;
• Parents' Medical Certificates/Clearances;
• Evidence of Employment and Financial Status;
• Completed Home Study by competent authority in prospective adoptive parents’ country of residence.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  For more information on authenticating U.S. documents to be used abroad, please see the Judicial Assistance section of our website.

CZECH EMBASSY AND CONSULATES IN THE UNITED STATES:

Embassy of the Czech Republic
3900 Spring of Freedom Street, NW
Washington, DC 20008
tel. (202) 274-9103
Fax: (202) 363-6308
Web site: http://www.mzv.cz/washington

The Czech Republic also has consulates in Los Angeles and New York .


U.S. IMMIGRATION REQUIREMENTS:  As of April 1, 2008, U.S. citizens wishing to adopt in a Convention country must begin the process by filing with the U.S. Citizenship and Immigration Services (USCIS) a form I-800A Application for Determination of Suitability to Adopt a Child from a Convention Country.  Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, USCIS website  to download forms and filing instructions.

U.S. embassy in the czech republic : 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, 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:

American Citizen Services Unit
U.S. Embassy
Trziste 15
118 01 Prague 1
Czech Republic
Tel. (420) (25702-2000)
Fax: (420) (25753-4028)
Web site: http://www.usembassy.cz


APPLYING FOR A VISA AT THE U.S. EMBASSY IN THE CZECH REPUBLIC :  U.S. citizens may submit immigrant visa applications to the consular section at the U.S. Embassy in Prague between 9 a.m. and noon, Monday through Friday.  The immigrant visa for the child will be issued the same day as their visa appointment.


Note: Visa issuance after the final interview now generally takes at least 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.  Adoptive parents should verify current processing times at the appropriate consulate or embassy before making final travel arrangements.


ACQUIRING U.S. CITIZENSHIP:  Please see the Child Citizenship Act of 2000 for further information on acquisition of U.S. citizenship for adopted children.


ADDITIONAL INFORMATION:

• 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