INTERCOUNTRY ADOPTION


SLOVAK REPUBLIC



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:

Slovakia 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:  Immigrant visas for Slovak citizens, including adopted orphans, are issued by the U.S. Embassy in Prague, Czech Republic . (See: http://www.usembassy.cz/consular/imvisa.htm for more information.)


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

1

FY 2006

0

FY 2005

1

FY 2004

1

FY 2203

1

 

ADOPTION AUTHORITY IN SLOVAKIA :

Centrum Pre Medzinárodnoprávnu Ochranu Detí a Mládeže
(Center for the International Legal Protection of Children and Youth)
Župné nám. č. 6
P. O. Box 57
814 99 Bratislava

Tel: +4212/59330501
Tel 2: +4212/59330502
Fax: +4212/5933 0698
Open for walk-in public: 8:00 do 16:00, Wednesdays only
E-mail: cipc@employment.gov.sk

The Center for the International Legal Protection of Children and Youth (“the Center”) primarily communicates with the partnership centers in other member countries of the Hague Convention. It will respond to private calls only if the caller is a long-term resident of Slovakia .


ELIGIBILITY TO ADOPT: Slovak law sets no age limits for adoptive parents.  The law does recommend, however, that the age difference between child and adoptive parents be "adequate.”   U.S. Embassy officials have been told that the age difference should be at least 15 years, and no more than 40 years.   Both couples and single persons may apply to adopt Slovak children.


RESIDENCY REQUIREMENTS:   Prospective adoptive parents (PAPs) must, during the whole adoption procedure, have the status of long-term or permanent residents of Slovakia or another country that is party to the Hague Convention, and must be physically present in that country.  


TIME FRAME: Prospective adoptive parents are required to reside with their adoptive child for 6 months to a year before an adoption is finalized.   An adoption may take up to two years to complete.


ADOPTION AGENCIES AND ATTORNEYS: There are no government-approved adoption agencies; individual cases are handled directly by the Center and by the court. This means that an adoption cannot be mediated by any adoption agency. An application from a PAP residing in another Hague country must be filed directly with the Center or, if the PAP resides in Slovakia, with the local Office of Employment, Social Affairs and Family in the PAP’s district  of residence.

A local attorney may be of assistance. A list of English speaking attorneys is available at

www.sak.sk  Right-click on the link and select open hyperlink. (Note:  If the website opens in Slovak or German, you can change the language to English by clicking the small “EN” in the upper right corner.)


ADOPTION FEES IN SLOVAKIA :

  • Court fees: If the case is processed under the Hague Convention, there are no fees.  If the case is pursued by prospective parents who are residents of Slovakia , the maximum fee is 5000 Slovak crowns (SK). [Note: At the current exchange rate, USD one equals SK 29.4];
  • Administrative fees for translation of documents and authentication of documents can be charged, usually about $15 per page.   Issuance of Birth Certificate and authentication: 600 SK;

Issuance of passport to minor under 5 years of age: 250 SK; minor under 15 years of age: 400 SK; expedited issuance within 24 hours is 2000 SK.

If an attorney is hired, the fees for provided services are paid to the attorney directly and should be negotiated directly with the attorney.


ADOPTION PROCEDURES: Slovak orphanages for children up to age 3 are administered by the Slovak Ministry of Health; orphanages for children of ages 3-18 are administered by the Ministry of Education.

Slovak law requires that the child reside from six months to one year with the prospective adoptive parents (PAP) before a court may issue a final adoption decree. The child would live with the PAP in a pre-adoption foster care situation.  During this period the family would be observed by social workers representing the child.   In Hague Convention adoptions, all documents should be prepared in accordance with requirements of the Central Authority of the PAP’s country of residence. PAPs residing in Slovakia should contact the Office of the Social Affairs, Employment and Family having jurisdiction over their place of residence.  In their case, all documents must be from Slovakia .  They will need proof of a sound financial situation as well as good physical and mental health. They will be required to obtain a home study and a psychological assessment.  PAPs who are not citizens of Slovakia will also be required to present a good-conduct statement from their country of origin,


DOCUMENTS REQUIRED FOR ADOPTION IN SLOVAKIA : Applications for adoption must be supported by the following basic documents:

  • Home study from an approved home study preparer
  • Good conduct statement (police report from the country of the adoptive parent)
  • Proof of financial situation
  • Good health condition report
  • Psychological assessment test (The PAPs may select a suitable physician to perform this test, but should first obtain instructions and forms from their local Office of the Social Affairs, Employment and Family.)

 

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.


SLOVAKEMBASSY AND CONSULATE GENERAL IN THE UNITED STATES:

 3523 International Court N.W.
Washington, D.C. 20008
Tel: 202-237-1054
Fax: 202-237-6438
Email: info@slovakembassy-us.org

http://www.slovakembassy-us.org/


Consulate General of the Slovak Republic
801 Second Avenue, 12th Floor
New York, NY 10017
Tel:   212-286-8434
Fax: 212-286-8439
Email: slovakconsulate_ny@verizon.net


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 PRAGUE, CZECH REPUBLIC :   Immigrant visas for Slovak citizens, including adopted orphans, are issued by the U.S. Embassy in Prague, Czech Republic .   Please visit that embassy’s web site at http://www.usembassy.cz/consular/imvisa.htm for more information.

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 SLOVAKIA: 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:

Hviezdoslavovo nam. 4
811 02 Bratislava
Slovakia
Tel: 011-421 2-5443 0861
Fax: 011-421 2-5441 8861
Email: cons@usembassy.sk

http://www.usembassy.sk/


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