INTERCOUNTRY ADOPTION


HUNGARY


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:

Hungary 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 theFAQs: Transition Cases and the Hague Adoption.


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

13

FY 2006

10

FY 2005

6

FY 2004

8

FY 2003

16

 

ADOPTION AUTHORITY IN HUNGARY :  Ministry for Youth, Family and Social Affairs, and Equal Opportunity; Department of Family and Guardianship Matters (Ifjusági, Családügyi, Szociális és Esélyegyenlőségi Minisztérium, Családjogi és Gyámügyi Osztály)

Address: 1054 Budapest , Akademia u. 3.
Phone: (36-1) 475-5788 or (36-1) 475-7983


ELIGIBILITY TO ADOPT: Hungarian law does not specify an age limit for adoptive parents, but Hungarian authorities require that one of the adoptive parents be under age 45.   Hungarian law permits single people to adopt; however, Hungarian authorities may deny an adoption based on the strongly held opinion that a child be raised by a married couple in a traditional family.   According to the Ministry of Youth, Family and Social Affairs, adoptions are approved based on the submitted documents and a detailed study of the case.   An adoption may be denied because of the age, marital status or other circumstances of the adoptive parents. 


RESIDENCY REQUIREMENTS: There are no residency requirements for prospective adoptive parents.  However, once a child has been identified, the prospective parents will have to travel to Hungary to meet the child and, if they decide to proceed with the adoption, remain in Hungary for up to six weeks.


TIME FRAME:  After receiving the prospective adoptive parents’ application, the adoption authorities have 15 days to notify adoptive parents whether they have been approved to adopt in Hungary . Parents have 60 days to submit required documents. After prospective adoptive parents arrive to meet their child, it takes four to six weeks to complete the adoption.


ADOPTION AGENCIES AND ATTORNEYS:  Because Hungary 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 “A Guide for Prospective Adoptive Parents.”  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.

There are no officially accredited international adoption agencies in Hungary .  However, there are U.S. adoption agencies registered with the Ministry of Youth, Family and Social Affairs.  Local authorities prefer to work with the registered and known agencies.  Prospective adoptive parents must work directly with the Child and Youth Protection Institute (GYIVI) in the Hungarian county where the child is residing.  The Embassy usually advises adoptive parents to seek the assistance of a U.S. adoption agency or a lawyer with experience in intercountry adoptions from Hungary if no friends or relatives are available to help in Hungary in the complex adoption process.  Please contact the Ministry of Youth, Family and Social Affairs for information on which U.S. adoption agencies are authorized to work in Hungary .


ADOPTION FEES IN  HUNGARY : Although there are no fees for the adoption itself, other expenses of obtaining documents and translations, and lawyers’ fees, if any, can be high.  For a translation of one page a translator may collect from $40 to $140.  The U.S. Embassy in Budapest is not familiar with what Hungarian attorneys charge for adoption related services. 

The U.S. Embassy 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 Hungary at risk.


ADOPTION PROCEDURES:  People who are interested in adopting children in Hungary should send their requests (a letter expressing the intention to adopt a Hungarian child) to:

Ministry for Youth, Family and Social Affairs, and Equal Opportunity
(Ifjusági, Családügyi, Szociális és Esélyegyenlőségi Minisztérium)
Akademia u. 3
Budapest 5th District
(36-1) 475-5788 or (36-1) 475-7983.

Adoption requests can also be submitted through a Hungarian Consulate abroad.  Please note, however, that the Consulate is required to forward the request to Budapest .

Once a request for adoption is received, the adoption center has fifteen days to send the parents are sent an information packet about the necessary documents they must submit and adoption procedures.  If the prospective parents fail to present the required documents within sixty days, the adoption center considers the request to adopt abandoned.

Once the necessary documents are submitted, the adoption center will forward notification of registration to the adoptive parents. The documents are forwarded to the appropriate county Child and Youth Protection Institute (GYIVI).  The county GYIVI will schedule an appointment for the prospective parents to travel to Hungary to meet the child.  If, after meeting the child with whom they have been matched, the prospective adoptive parents agree to adopt this child, the GYIVI forwards all the documents with a recommendation to the Guardianship Office in the county where the child resides. This office has legal authority to adjudicate (approve or deny) all adoption requests. 

Once the final adoption decree is issued, the child must be re-registered at the birth registry of his/her place of birth. When the new birth certificate is issued, the adoptive parents submit a Hungarian passport application on behalf of the child. The adoptive parents must be prepared to stay in Hungary during the adoption process, which may take 3-6 weeks, including the passport application.

Important Note:  If, after meeting the child with whom they have been initially matched, the prospective adoptive parents do not wish to adopt that child, the GYIVI returns their documents to the adoption center in Budapest for further consideration.  The prospective adoptive parents’ application remains valid for two years, after which time the entire registration process must be repeated (i.e., parents will have to re-apply). 


DOCUMENTS REQUIRED FOR ADOPTION IN HUNGARY : In order to be placed on the national register of adoptive parents, the following documents must be submitted upon receipt of the information packet.

  • Home study performed by an authorized home study preparer;
  • Proof of income;
  • Psychological evaluation of adoptive parents by a psychologist;
  • Notification of I-800A approval from U.S. Citizenship and Immigration Services, or I-600A approval in a transition case;
  • Evidence of citizenship; 
  • Statement of prospective adoptive parents regarding motivation for adoption and expectations about the child (separate from the original letter of intent);
  • Prospective adoptive parents' statements consenting to their registration on the national register;
  • Certified copy of license of adoption agency, if applicable.

All of the documents must be original or certified copies issued within the last year, and must be accompanied by Hungarian translations authenticated by Hungarian consular officials abroad or certified translators in Hungary .


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.


HUNGARIAN EMBASSY AND CONSULATES IN THE UNITED STATES:

Embassy of Hungary
 3910 Shoemaker Street, N.W.
 Washington, D.C. 20008
Telephone (202) 362-6730
E-mail: info@huembwas.org
http://www.hungaryemb.org

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


APPLYING FOR A VISA AT THE U.S. EMBASSY IN  HUNGARY :  Prospective adoptive parents should contact the U.S. Embassy in Budapest, Hungary at Tel: 011-36-1- 475-4394, Fax: 011-36-1-475-4188/4113 or e-mail: iv.budapest@state.gov, as soon as possible to schedule an interview.  Appointments can be scheduled with in one or two days.

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.


U.S. EMBASSY IN HUNGARY: 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:

U.S. Embassy of Budapest
1054 Budapest, Szabadsag ter 12
Budapest V, Hungary
Tel: 011-36-1-475-4400
Fax: 011-36-1-475-4188/4113
Email: usconsular.budapest@state.gov
http://budapest.usembassy.gov/


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