INTERCOUNTRY ADOPTION


AZERBAIJAN



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:

Azerbaijan 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: 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:  In late December 2006, the adoption process in Azerbaijan essentially stopped due to the publication of amended laws meant to bring domestic legislation into conformity with the Hague Convention.  The U.S. Embassy in Baku, Azerbaijan has engaged the Azerbaijani government on this issue at all levels, and continues to seek clarification about the future of intercountry adoptions given the recent legal changes.  The procedure and timetable for completing already pending cases, i.e. those begun under the former legislative framework, is also not yet known. 

Although adoptions remain technically open, the future of international adoptions in Azerbaijan remains uncertain.  A number of U.S. adoption service providers have decided already that the situation is in too much a state of flux for them to operate comfortably.  The latest legislative changes have not improved the situation.  There are no guarantees that adoptions will be achieved on a regular basis and in a transparent manner, and no assurances that currently pending adoptions will be processed expeditiously.


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

5

FY 2006

44

FY 2005

  4

FY 2004

26

FY 2003

62

 

ADOPTION AUTHORITY IN AZERBAIJAN : In March 2007, the State Committee for Family, Women and Children’s Issues was named the new governing authority, replacing the State Adoption Commission.  No further information on the Committee’s activities with respect to international adoption is available at this time.


ELIGIBILITY TO ADOPT: Married couples may adopt.  Azerbaijani law does not officially prohibit singles from adopting, but in practice, single men are not allowed to adopt.  Prospective adoptive parents may also face difficulties.


RESIDENCY REQUIREMENTS: There are no residency requirements for Azerbaijan .


TIME FRAME: It is not possible to predict how long it would take to complete a new adoption at this time.


ADOPTION AGENCIES AND ATTORNEYS:  Because Azerbaijan 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 currently only two adoption facilitators in Azerbaijan .

Eduard Chernin, President
Alesker Guseynov, Vice-President (English-speaker)
Chernin and Partners
103 Nizami Street
 Baku, Azerbaijan AZ 1010
Phone: 994124984393
Mobile : 994502201199
Email: Chernin @Azeri.Com
Fax: 994124939025

Ali Alizade
1st Micro District,
Javad Khan Street 5, Apt. 41
Baku, Azerbaijan
Phone: 994124316200
Mobile : 994503999172
Email: bakucity3@yahoo.com


ADOPTION FEES IN AZERBAIJAN : Under Azeri law, there is no fee for the adoption itself, but there are fees for issuing and notarizing many of the required documents, and some parents have reported a required donation to the orphanage where the children reside. The U.S. Embassy in Azerbaijan 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 Azerbaijan at risk.


ADOPTION PROCEDURES:  The current procedures for processing international adoptions in Azerbaijan remain unclear due to recent changes in the governing legislation and responsible authority.


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.


AZERBAIJANI EMBASSY IN THE UNITED STATES:

Embassy of the Republic of Azerbaijan
 2741 34th Street, N.W.
 Washington , D.C. 20008
Tel : 202-337-3500
Email : consul@azembassy.com
Internet: http://www.azembassy.us


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)

While the U.S. Embassy in Baku, Azerbaijan, handles some steps in the immigration process for adopted children from Azerbaijan, most of this process occurs at the U.S. Embassy in Tbilisi, Georgia .  For more information, please see the Embassy Tbilisi web site at:  http://georgia.usembassy.gov/visasadopt.html.


U.S. EMBASSY IN   AZERBAIJAN : 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 Baku, Azerbaijan
83 Azadliq Prospekt
Baku, Azerbaijan
Tel: (994 12) 98 03 35
Fax: (994 12) 98 37 55
E-mail: consularbaku@state.gov
Internet: www.baku.usembassy.gov


I-604 INTERVIEWS WITH THE U.S. EMBASSY IN BAKU : The Consular Section of the U.S. Embassy in Baku will conduct the Orphan Investigation (also called I-604 Investigation), seal the results and return them to the adopting parents to take with them to their interview at the U.S. Embassy in Tbilisi, Georgia . The family’s local agent will make the necessary arrangements with the Consular Section, which gives top priority to adoption cases.


APPLYING FOR A VISA AT THE U.S. EMBASSY IN TBILISI, GEORGIA :   If possible, adoptive parents should try to schedule an appointment before coming in for the immigrant visa.  For more information, please visit the adoption page of the web site for the U.S Embassy in Tbilisi .

Consular Section, U.S. Embassy
11 George Balanchine Street ,
Tbilisi, Georgia , 0131
Telephone: (995 32) 27-70-00
Fax: (995 32) 53-23-1004
E-mail: consulate-tbilisi@state.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