INTERCOUNTRY ADOPTION


ARMENIA


May 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:

Armenia 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 Convention at www.travel.state.gov.

PLEASE NOTE:  Fraud is pervasive in Armenia .  Fabricated documents or real documents fraudulently obtained are readily available.  As a result, the U.S. Embassy in Yerevan must carefully investigate all visa cases.  In adoptions it must be clearly determined whether the child meets the requirements under U.S. immigration law.  The need for investigation may delay the issuance of the visa for the adopted child to travel to the United States .  Cases deemed not clearly approvable by the U.S. Embassy in Yerevan will be referred to the U.S. Citizenship and Immigration Services in Moscow for review.

The U.S. Embassy in Yerevan regularly meets with the Armenian government on a variety of adoption issues and to advocate for the general interests of U.S. adopting parents.  The U.S. Embassy is not able, however, to intervene on behalf of individual cases or expedite the Armenian government adoption process.

Review the latest Country Specific Information on Armenia at http://travel.state.gov/travel/cis_pa_tw/cis/cis_1141.html for information regarding visas, customs regulations and other relevant issues that any traveler should be aware of before visiting Armenia .


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

32

FY 2006

19

FY 2005

21

FY 2004

30

FY 2003

43

 

ADOPTION AUTHORITY IN ARMENIA :  The National Adoption Committee of the Republic of Armenia is the central authority under the Hague Convention.  It is an advisory committee to the Prime Minister of the Republic of Armenia , chaired by the Minister of Justice and its members include representatives from different ministries.  The contact information is:

Ministry of Labor and Social Issues
Government building #1 Republic Square
Yerevan, Armenia
Tel. (374 10) 56-53-83, or 52-68-31


ELIGIBILITY TO ADOPT: U.S. citizens wishing to adopt a child in Armenia must meet both U.S. legal requirements and the requirements set by the Armenian government.

Married couples and single people are eligible to apply to adopt Armenian children.  The age difference between the unmarried adopter and an adopted child may not be less than 18 years.


ELIGIBILITY REQUIREMENTS FOR CHILDREN TO BE ADOPTED:  There are many children living in orphanages; however, ONLY those children whose parents have died, disappeared or signed a statement of relinquishment of their parental rights, and whose families do not visit them, thus abandoning them, are available for adoption.

The names of children who are available for adoption are inscribed on a list kept by the Ministry of Labor and Social Issues.  A child’s name must remain on this list for three months before he or she is declared available for inter-country adoption.  For this reason, it is impossible to adopt a very young infant from Armenia .  Consent for child adoption can only be given after the birth of the child.

Children who may qualify as orphans who are not living in orphanages are subject to the same requirements for adoption availability.


RESIDENCY REQUIREMENTS:  Prospective adoptive parents do not have to fulfill any residency requirements to adopt in Armenia .


TIME FRAME: A home study performed by a local U.S. adoption agency should be the first step in adopting a child from Armenia .  A copy of the home study and proof of subsequent USCIS approval must be submitted to the Armenian National Adoption Committee in order to apply for approval to adopt.  Once approval has been granted, it can take several months to identify a child and several more months to secure the proper paperwork from different government agencies to support an application to adopt that particular child.  Start to finish, a time-frame of one to two years is common.


ADOPTION AGENCY 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 authority in the U.S. state where the agency is located or licensed.  Please also see Important Notice Regarding Adoption Agents and Facilitators at the Department of State, Bureau of Consular Affairs web site travel.state.gov.

Because Armenia is a Convention country, adoption services must be provided by an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider. These terms are defined in 22 CFR Part 96 and explained in the Department’s website Brochure for Prospective Adoptive Parent(s).  For purposes of this document, accredited agencies, temporarily accredited agencies, and approved persons are referred to with the shorthand term “accredited adoption service providers.”

It is essential that prospective adoptive parent(s) seeking to adopt from a Convention country use an accredited adoption service provider.  The Department maintains a current list of accredited adoption service providers.  The list of accredited adoption service providers is also provided on the website of the Hague Permanent Bureau at www.hcch.net .

Please note that Armenian law does not recognize the involvement of professional facilitators, adoption agencies or attorneys; it allows the prospective parents to grant power of attorney to an individual to handle most aspects of the adoption process on their behalf.  Some U.S. adoption agencies have contacts with experienced local individuals who can be given power of attorney.  In many cases, prospective parents grant this power of attorney to individuals whom they trust, relatives, friends or acquaintances.


ADOPTION FEES IN ARMENIA :  Official fees necessary to procure the documents needed in support of the adoption amount to approximately USD 65.  However, the practice of charging official and unofficial expediting fees varies, depending on the practice of the particular government agency or local office.  Attorneys or other individuals assisting prospective adoptive parents with the adoption may charge additional fees for services rendered.  Prospective parents are advised to obtain detailed receipts for all fees and donations paid to orphanages, either by the parents directly or through their U.S. adoption agencies.  The U.S. Embassy requires a copy of receipts and information on fees paid in the U.S. and in Armenia at the time of the immigrant visa interview.

The U.S. Embassy in Armenia 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 Armenia at risk.


ADOPTION PROCEDURES IN ARMENIA :  The documents under List 1 below must be submitted to the Armenian National Adoption Committee.  This can be done in person in the Republic of Armenia or by registered mail, through the Armenian Embassy in Washington, D.C. or the Armenian Consulate General in Beverly Hills, California .   For information on filing in the U.S. , please refer to the Armenian Embassy websitehttp://www.armeniaemb.org/   

Documents submitted in person may be submitted directly to the National Adoption Committee, in care of the Ministry of Labor and Social Issues, Government Building #1 in Republic Square in Yerevan . An authorized representative of the adoptive parents can do this provided that the representative has a notarized power of attorney from the prospective adoptive parents authorizing him/her to handle adoption paperwork on their behalf.

The National Adoption Committee has one month in which to conduct a study and issue a conclusion on the ability to adopt.  That conclusion is valid for one year.  Once the National Adoption Committee grants the permission to adopt, the adoptive parents may identify a child, from the children eligible for inter-country adoption listed in the registry kept by the Ministry of Labor and Social Issues. The prospective parents or their representative may go to the Ministry and view the list, or they may go directly to orphanages and once they locate a child, may verify his/her status by viewing the list.

Once the child has been identified, the prospective parents or their representative must submit the documents under List 2 below to the municipality in which the child resides.  Once those documents are received, a court date is set. 

In new cases begun after April 1, 2008, prospective adoptive parents also must file the Form I-800 with USCIS once they have agreed to adopt the identified child.

Prospective adoptive parents can expect to travel to Armenia to sign adoption papers, attend a court proceeding, and have an I-604 orphan investigation interview and a visa interview at the U.S. Embassy in Yerevan (see below).


COURT PROCEEDINGS:   Adoptive parents and the child (if over 14) must be present for court proceedings. The court may request the presence of biological parents, orphanage representatives, or the child if the child is over the age of 10. The court proceedings are closed to the public. If the adoptive parents have asked to change the child’s official name, date of birth, place of birth, or wish to add themselves to his documents as parents, the court will decide those questions in the course of the ruling.  According to Armenian law, the date and place of birth may be changed for the purpose of protecting the privacy of the individuals involved, only if the child is under the age of one year old.  The birth date cannot be changed by more than 3 months.

Cases may be rejected on the basis of incomplete or fraudulent paperwork, among other issues addressed in Armenian law. Prospective adoptive parents may be disqualified based on mental disease, drug addiction, alcoholism, tuberculosis, AIDS or other serious infectious diseases.

If any party wishes to cancel the adoption proceedings, that request will be adjudicated by the regular dispute court in Armenia .

After the hearing the court will issue a preliminary decision and 15 days after that, the government will register the final court decision. After that, the adoptive parents may obtain the adoption certificate and the child’s new birth certificate at the local registration office (ZAGS) of the child’s municipality. They must also visit OVIR, the Armenian passport agency, to obtain an Armenian passport for the child. The child must have a passport before the visa interview at the U.S. Embassy.

Also, before the adoptive parents depart Armenia with their new son or daughter, they must go to the Notarial Office of the Ministry of Justice to get all of the new documents certified with an apostille.  This is required for departing the country


DOCUMENTS REQUIRED FOR ADOPTION IN ARMENIA :

List 1:
Following is the list of documents necessary to request registration as prospective adoptive parents: 

  • Copy of the adoptive parents' U.S. passports;
  • USCIS approval, either of the Form I-600A in a transition case, or the Form I-800A in a new case, and current home study that includes
  1. Description of the family composition and sthe place where the adopted child will reside.
  2. Work verification letter(s), indicating position and salary
  3. Letters of reference provided by at least 3 individuals or organizations;
  • Tax return for the most recent tax year;
  • Copy of marriage certificate (if married);
  • If divorced or widowed, a copy of the divorce decree or spouse's death certificate is also required;
  • Spousal consent, if only one spouse is legally adopting the child;
  • Medical evaluation report confirming that the prospective adoptive parent does not suffer from any type of psychological condition, alcoholism or drug abuse, HIV AIDS or other STD, active tuberculosis or other irreversible infectious disease;
  • Local police report for adoptive parents;
  • Power of attorney, if the documents will be submitted through an authorized representative.

Each of the above documents must be legalized with an apostille obtained from the State Department of the State that issued the document and submitted together as one package.

All documents must be translated into Eastern Armenian, the official language of the Republic of Armenia .  

List 2:

Municipal Approval
The following documents should be submitted to the regional court presiding over the child’s district:

  • The full names of the adoptive parents and child;
  • Whether or not the parents want to change the child’s name, his date of birth, place of birth, or to list themselves as parents on his documents;
  • Adoptive parents’ passports or other identification;
  • Adoptive parents’ marriage certificate   (if applicable);
  • Spousal consent, if married and only one spouse is legally adopting the child;
  • Child’s consent if the child is over age 10;
  • Child’s birth certificate and medical records;
  • Statement of child’s centralized registration from the Ministry of Social Security;
  • Written consent of adoptive parents, birth parents and the orphanage. (Also, if applicable, death certificates of birth parents and consent of biological grandparents, if the biological parents are not adults;
  • Government approval of adoptive parents.

 

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.

Please note that Armenia is a party to the Hague Convention Abolishing the Requirement for the Legalization for Foreign Public Documents (as is the U.S. ).  Therefore the apostille procedure should be used for all documents issued or notarized by a U.S. State.


ARMENIAN EMBASSY AND CONSULATE IN THE UNITED STATES:

Embassy of the Republic of Armenia
2225 R Street, N.W.
Washington D.C. 20008 , USA
Tel : (202) 319-1976
Fax: (202) 319-2982
E-mail: armconsul@speakeasy.net
http://www.armeniaemb.org

Armenian Consulate General
50 North La Cienega Boulevard, Suite 210
Beverly Hills, CA 90211
Tel : (310) 657-7320
E-mail: armconla@aol.com

 

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 (www.uscis.gov) to download forms and filing instructions.


U.S. EMBASSY IN ARMENIA :  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.  Upon arrival in Armenia , prospective adoptive parents should contact the Consular Section (by e-mail or in person), providing details about the adoption case as well as the local contact information. 

The Consular Section is located at:

Embassy of the United States of America
1 American Avenue
Yerevan , Republic of Armenia
Telephone: (+374 10) 464-700, 494-686
Fax:(+374 10) 464-742, 464-737
E-mail: consular@usa.am


APPLYING FOR A VISA AT THE U.S. EMBASSY IN ARMENIA :  After the adoption is final, adoptive parents still must schedule an appointment at the U.S. Embassy in Yerevan to file the I-600 (only in transition cases), have an orphan investigation interview, and to apply for an immigrant visa.   (NOTE:  In new cases, adoptive parents must file the I-800 with USCIS BEFORE the adoption is final).  In some cases further investigation may be required to determine whether the adopted child meets the definition of orphan under U.S. law.  Parents should not make final, non-refundable travel plans for return to the United States until they have their child's immigrant visa in hand.

Adoptive parents should come to the Consular Section of the U.S. Embassy in Yerevan with all the necessary paperwork between 2 and 5 p.m., Monday through Friday, except Armenian and American holidays, to schedule the interview. The Embassy tries to accommodate all parents as quickly as possible, but please note that the orphan investigation may take several days. Please contact the Consular Section upon arrival in country at the contact information below to let us know your time-table and to raise any questions or concerns.

Embassy of the United States of America
1 American Avenue
Yerevan , Republic of Armenia
Telephone: (+374 10) 464-700, 494-686
Fax:(+374 10) 464-742, 464-737
E-mail: consular@usa.am

A consular officer is required to review each adoption case carefully and make an independent determination of the child's eligibility for a visa.  In all cases, the child must be present at the Embassy for the I-604 investigation interview.

In addition to the complete adoption file presented for the I-600 (or to USCIS for the I-800), you will also need the following:

  • A medical exam completed by a designated panel physician*;
  • The child's Armenian passport;
  • Two identical full face photographs measuring 2"X2";
  • $380 for visa application and issuance fees (payable in cash only -- U.S. dollars or Armenian dram).
  • DS-230 (Application for Immigrant Visa and Alien Registration) filled out from the point of view of the child, but not signed.

*The Panel Physician's examination is designed to comply with specific visa regulations, and is not intended to be a fully inclusive physical examination. If adoptive parents wish to consult a pediatrician for a more complete physical exam, or for any health problems, the Embassy can provide a current list of doctors and sources for medicine.

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