INTERCOUNTRY ADOPTION


HUNGARY

April 2006

Disclaimer: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

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.

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 2005 6
FY 2004 8
FY 2003 16
FY 2002 21
FY 2001 13

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 REQUIREMENTS FOR ADOPTIVE PARENTS: 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 in 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: 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.

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 office of the appropriate state government agency in the U.S. state where the agency is located or licensed.  Please see Important Notice Regarding Adoption Agents and Facilitators at our Web site travel.state.gov.

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 charges for adoption related services.

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 a U.S. licensed agency or a social worker;
  • Proof of income;
  • Psychological evaluation of adoptive parents by a psychologist;
  • Notification of I-600A approval from U.S. Citizenship and Immigration Services;
  • 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:  The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.state.gov/m/a/auth/.

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.

US IMMIGRATION REQUIREMENTS

Prospective adopting parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoptioncan be found on the Bureau of Consular Affairs Web site, travel.state.gov, under “International Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.

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 wit h in one or two days.

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, https://travelregistration.state.gov/, 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: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.

ADDITIONAL INFORMATION: Specific questions about intercountry adoption in Hungary may be addressed to the U.S. Embassy in Budapest. General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.
Useful information is also available from several other sources:

Telephone:

  • Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard 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 by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
  • U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

  • Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption  information flyers like this one and the International Adoptions brochure.
  • 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: http://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 by calling 1-202-501-4444.
  • USCIS web site - http://uscis.gov/.