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:

Austria 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. 


PLEASE NOTE: There are few Austrian children eligible for intercountry adoption.  Prospective adoptive parents must be legal residents of Austria .


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

0

FY 2006

0

FY 2005

0

FY 2004

0

FY 2003

0

 


ADOPTION AUTHORITY IN AUSTRIA : The government offices responsible for adoptions in Austria are the nine provinces, including the City of Vienna .

Vienna :
Magistrat der Stadt Wien
Magistratsabteilung 11 (Jugendamt)
Ruedengasse 11
1030 Vienna, Austria

Burgenland:
Amt der Burgenländischen Landesregierung,
Abteilung VIII/I (Jungendwohlfahrt)
Landhaus
7000 Eisenstadt, Austria

Carinthia:
Amt der Kärntner Landesregierung
Abteilung 13 (Jugendwohlfahrt)
Arnulfplatz 2
9020 Klagenfurt, Austria

Lower Austria:
Amt der Niederösterreichischen Landesregierung,
Abteilung VIII/2, Jugendfürsorge,
Hohenstaufengasse 6
1014 Vienna, Austria

Upper Austria:
Amt der Oberösterreichischen Landesregierung,
Abteilung Jugendwohlfahrt,
Altstadt 30
4020 Linz, Austria

Salzburg :
Amt der Salzburger Landeregierung,
Abteilung 3 (Jugendwohlfahrtspflege)
Chiemseehof
5010 Salzburg, Austria

Styria:
Amt der Steiermärkischen Landesregirung,
Rechtsabteilung 9 (Fürsorge/Jugendwohlfahrt)
Hofgasse 12
8011 Graz, Austria

Tyrol:
Amt der Tiroler Landesregierung
Abteilung Vb (Jugendwohlfahrtswesen)
Maria-Theresien-Strasse 43
6020 Innsbruck, Austria

Vorarlberg:
Amt der Vorarlberger Landesregierung
Abteilung IVa (Soziales, Familie und Jugend)
Landhaus
6900 Bregenz, Austria

 

ELIGIBILITY TO ADOPT:  The Austrian government prefers that the prospective adoptive parents be married, although the law does not officially specify this.  If married, the couple must apply jointly.  If not married, only one of the potential adoptive parents (if applicable) may apply.  The adopting father must be at least 30 years old and the adopting mother 28 years old.  If the adoptive parents already have children of their own (either biological or adopted), they may have less of a chance to adopt.  The adoptive parents must also meet certain personal, social, health, and economic conditions determined by the court.  Finally, the adoptive parents must have no criminal record. 


RESIDENCY REQUIREMENTS:  The adoptive parents need to be legal residents of Austria .


TIME FRAME: Austrian adoptions take about 12 months to complete.  This includes the 6 months during which the child lives with the adoptive parents while under the supervision of provincial adoption authorities and an additional 6 months needed to complete legal requirements.


ADOPTION AND AGENCIES AND ATTORNEYS: There are adoption agencies and attorneys specialized in adoption cases in Austria . A list of attorneys specializing in family law is available at the U.S. Embassy home page at http://www.usembassy.at/.

Because Austria 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.


ADOPTION FEES IN AUSTRIA:  Prospective adoptive parents can expect to pay notary fees and that of any attorney selected.  There are court costs (approximately $60) and an adoption contract of a similar amount to be paid in connection with an adoption. The U.S. Embassy in Austria discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents. 


ADOPTION PROCEDURES: If the child is legitimate, the adopting parent(s) must enter into a contract with the child’s biological father (if contact can be made). This contract must contain certain legal requirements, including both the birth parent’s consent. If the child is an orphan or illegitimate child, his/her legal guardian must sign the adoption contract. In addition, the child's mother (again, if contact is possible) must give her written consent to the adoption, unless she herself signed the adoption contract as legal guardian of the child. All signatures on the adoption contract as well as the biological mother's signature on her consent to the adoption must be notarized either by an Austrian notary public (within Austria ) or by a notary public outside of Austria whose signature is authenticated via the "apostille" procedure. A fact sheet outlining this latter procedure may be accessed on Internet at http://www.HCCH.net (Hague Legalization Convention. ) 

If the court is satisfied that the adoption would be in the best interest of the child, it issues a decree (Beschluss) certifying the adoption contract.  This decree makes the adoption final and legally valid, and a new birth certificate for the child giving any new name(s) may be obtained from the appropriate Bureau of Vital Statistics (Standesamt). If the court does not approve the adoption, the contract is void.

Although it is possible for this entire process to be carried out by the prospective parents or parent alone, it may be advisable to engage the assistance of a local Austrian attorney.


DOCUMENTS REQUIRED FOR ADOPTION IN AUSTRIA:  The adoption contract and the mother's release are submitted to the appropriate Austrian court with a petition for certification (Bestätigung).

The court may require evidence of the adopting parent's financial status.

The court may also require a "home study" in the United States or at the place of residence abroad through an appropriate agency.

 AUSTRIAN embassy and consulates in the United States :

Austrian Embassy
3524 International Court
 Washington D.C. 20008
Phone: 202-895-6711
Fax: 202-895-6773
Web site: http://www.austria.org/

Austria also has consulates in Chicago, Los Angeles, and New York . 


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.


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 AUSTRIA :  Prospective adoptive parents should contact the U.S. Embassy in Vienna for specific procedures when they are applying for intercountry adoption in Austria . 

Note: Immigrant Visa issuance after the final interview now generally takes 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.


U.S EMBASSY IN AUSTRIA : 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 Embassy
Consular Section
Parkring 12a, A-1010 Vienna
Tel: [43] (1) 31339-7532
Fax: [43] (1) 512 58 35
Internet: http://www.usembassy.at

 

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