Ukraine
THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:
Ukraine is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention). Therefore the entering into force of the Convention for the United States on April 1, 2008, did not change intercountry adoption processing for Ukraine.
PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.:
Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Ukrainian orphans:
| Fiscal Year | Number of Immigrant Visas Issued |
| FY 2007 | 606 |
| FY 2006 | 460 |
| FY 2005 | 821 |
| FY 2004 | 723 |
| FY 2003 | 702 |
Adoption Authority in ukraine : The State Department for Adoptions and Protection of Rights of the Child (SDAPRC), a part of the Ministry of Family, Youth and Sports, is the only Ukrainian government entity authorized to facilitate intercountry adoptions. The SDAPRC maintains the database of adoptable children available for both domestic and intercountry adoptions, and is involved in the process from the moment prospective adoptive parents apply for registration until an adoption hearing is held in court.
State Department for Adoptions and Protection of Rights of the Child (SDAPRC) 14 Desyatynna Street Kyiv, Ukraine 01025 Tel/Fax: (380)(44) 278-4045ELIGIBILITY TO ADOPT:
Married and single people may adopt from Ukraine. Prospective adoptive parents have to be at least 18 years old, and the age difference between the adopting parent(s) and adopted child must be at least 15 years, although this can be waived if circumstances warrant. If the child is adopted by a relative, the age difference is not considered.
According to the new Family Code of Ukraine (Article 213), if multiple prospective adoptive parents wish to adopt the same child, preference will be given first to a Ukrainian citizen, second to foreign couples who are married, and finally to foreign single parents. Hence, single foreign parents, while still allowed to register with the SDAPRC, have last preference and may wait significantly longer than other prospective adoptive parents - even to the point that their application documents may expire before they receive an appointment date.
However, each adoption application is considered by Ukrainian adoption authorities on an individual basis.
RESIDENCY REQUIREMENTS: There are no residency requirements to adopt in Ukraine .
TIME FRAME: Three to twelve months can pass between the prospective adoptive parents’ submission of their application dossier and the SDAPRC appointment date. In addition, there is usually a three-to-four-week wait between the initial filing of the adoption petition in the local court and issuance of the final adoption decree.
ADOPTION AGENCIES AND ATTORNEYS: 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 authority in the U.S. state where the agency is located or licensed. Please also see Important Notice Regarding Adoption Agents and Facilitators at the Department of State, Bureau of Consular Affairs web site travel.state.gov
Some American parents have reported to the U.S. Embassy in Kyiv that their agents or facilitators may have engaged in questionable practices during the adoption process. The U.S. Embassy in Kyiv and the Office of Children’s Issues at the Department of State in Washington, D.C. want to hear about any such experiences. Please see the contact information for both offices later in this flyer.
INTERPRETERS AND TRANSLATORS: Ukrainian law does not allow adoption intermediaries. Therefore, no private interpreters or facilitators are allowed to interpret during the meetings of prospective parents with the SDAPRC. However, private interpreters/facilitators may be used at other stages of the adoption process. The U.S. Embassy in Kyiv has a list of translators known to work in Ukraine . These are general translation service providers and do not necessarily have experience with adoptions. Neither the U.S. Embassy nor the Department of State can vouch for the efficacy or professionalism of any translator or interpreter.
ADOPTION FEES: There are no Ukrainian fees except those for court filing, notarial, translation and similar services.
Adoptive parents of Ukrainian children have reported paying between $2,000 and $20,000 to their adoption agencies for services rendered. These lump-sum payments have often included lodging, transportation, authentication of Ukrainian documents, fees for expedited services and interpretation/translation services.
Some adoptive parents have also reported facing additional and unexpected fees after arriving in Ukraine . As with the cautionary note above regarding adoption agency practices generally, American families should inform the U.S. Embassy or the Department of State if they encounter unexpected or seemingly inappropriate fees. In order to minimize the possibility of such situations, prospective adoptive parents should request a fee schedule from their adoption agency and discuss under what circumstances additional, unexpected fees may be charged. Prospective adoptive parents can further protect themselves by openly discussing all fees and expenses in detail before hiring a facilitator or interpreter. Recommendations from past adoptive families may also be helpful.
ADOPTION PROCEDURES:
Registering with the SDAPRC: Prospective adoptive parents must first register with the State Department for Adoptions and Protection of Rights of the Child. (See the “Documentary Requirements” section below for details.)
Note: Families do not need to be present in Ukraine at this point in the process. The SDAPRC processes the documents submitted by adopting parents and enters them into its database within twenty working days. Once an application is approved, the prospective adoptive parents will receive an appointment (invitation) to visit the SDAPRC, at which time SDAPRC officials will show them information about orphans eligible for intercountry adoption and within the prospective parents’ specified age range (if any). The SDAPRC then issues a letter of referral to allow the prospective parents to visit an orphanage to meet and establish contact with a child. Along with the letter of referral, the prospective adoptive parents will be given their documents — bound, numbered, sealed, and signed by an official in charge of the SDAPRC — along with a separate sheet specifying the number of pages and the prospective parents’ registration file code.
SDAPRC representatives will not meet with prospective adoptive parents who arrive in Ukraine without an appointment or on a day other than when they are scheduled for an appointment.
Meeting A Child: Once the SDAPRC issues permission for prospective parents to visit an orphanage, parents may go and meet a child, check medical records and establish personal contact with a child.
Pre-adoption Medical Examination: While meeting a child at an orphanage, prospective adoptive parents will be shown his/her medical history. If the prospective parents have questions or concerns, they have the right under Ukrainian law to request an additional medical check-up, including blood tests. A private physician may conduct this exam in the presence of an orphanage staff member. In addition, the U.S. Embassy’s identified “panel physicians” (see “Applying for a Visa at the U.S. Embassy in Ukraine ,” below) have expressed their readiness to perform pre-adoption medical examinations. Prospective parents should check with them directly on their services and fees.
Parents should make every effort to understand thoroughly any medical conditions the child may have. It is very important, therefore, that any facilitator/interpreter be able to explain in English complex medical diagnoses. The U.S. Embassy in Kyiv, at the time of the child’s immigrant visa interview, is required to confirm that the American parents are aware of the child’s medical conditions, if any.
Court Hearing: After prospective adoptive parents identify a child for adoption, the file for the case is presented to a judge in the region where the child lives. The power to approve or deny an adoption remains solely with an individual judge, who bases his/her decision on a review of various case-specific documents during the court hearing. Adopting parents must attend the hearing. In cases where one of the parents cannot be present at the hearing (e.g. major surgery, disability etc.), a judge may permit one parent to provide a power of attorney for the other parent.
As a general rule, the judge’s decision is announced and issued the day of the hearing. However, it does not take effect for 10 days, during which time the adoption can be appealed, although this is rare. If an appeal application is submitted to the court within 10 days after the initial court hearing, an additional 20-day period is granted for the appellant to file his/her complete appeal, including any supporting documentation. This 20-day period may be shortened or waived if the court finds that delaying the final court decision would be contrary to the child’s best interests.
Once the final decision takes effect, the child’s new parents have full parental rights and legal responsibility for the child.
Obtaining the Post-Adoption Birth Certificate: Once the final court decree has been issued, the local Vital Records Office (known by its Ukrainian abbreviation “RAGS”) issues the child a new birth certificate. The parents must submit both the court decree and the child’s original Ukrainian birth certificate to the RAGS office in order to get the revised birth certificate. Please note that the RAGS office will not return the pre-adoption birth certificate, and thus parents should make sure that they make a copy before handing it over to the RAGS authorities.
Adopting parents should make sure that there are no discrepancies in the spelling of names of the parents and children in the court decree. If noticed, please ask the court clerk to correct them immediately. Failure to do so may cause delays in issuing the post-adoption birth certificate and in authenticating Ukrainian documents.
Obtaining a Ukrainian Passport for the Child: Once the post-adoption birth certificate has been issued, the parents may apply for a Ukrainian passport for their child Office of Visas and Registration (known by the Ukrainian abbreviation “VVIR”). Parents must present a written and notarized request that the travel document be issued, and must also include the post-adoption birth certificate, final court decree, and 4 passport photos of the child.
Under new Ukrainian legislation that took effect in July 2007, issuance of Ukrainian international passports will now take at least 10 days following application submission. Parents must apply for the passport at the local Office of Visas and Registration, but actual issuance of the passport will take place in Kyiv, after which the passport will be mailed back to the office where the application was filed. Though the new legislation envisions passport issuance within 10 days, parents should expect that it could take longer in some cases.
Please note that this 10-day waiting period for passport issuance is in addition to the 10-day waiting period following the final court hearing. This essentially means that at least 20 days will pass from the time of the court ruling pronouncing the U.S. citizens as the new parents to the time when the parents are able to submit their documents at the U.S. Consulate for visa issuance.
Parents should be aware in advance that because the child’s new name in the passport will be transliterated directly from Ukrainian into English, it may be spelled differently from how the parents would spell it in English. This is not cause for concern as long as the child’s name in Ukrainian on the travel document is the same as in the court decree. However, parents can request that the correct English spelling be noted on the blank page in the passport.
At the time the passport is issued, a special, mandatory stamp is put in it showing that the child is departing Ukraine for permanent residence abroad. This is called a “PMZh-stamp” for the words “permanent residence” in Ukrainian.
DOCUMENTS REQUIRED FOR ADOPTION IN UKRAINE : The following documents must be part of the adoption application submitted to the Ukrainian adoption authority (SDAPRC):
1. Home Study: This must be issued by a competent authority in the prospective adoptive parents’ country, attesting to their eligibility, specifying their housing and living conditions, containing their curriculum vitae, and other information. If a home study is completed by a non-governmental entity (such as a private agency or social worker), a copy of the license authorizing this entity to conduct home studies must be included.
2. Entrance and permanent residence permit for the adopted child, issued by the competent authority in the adopting parents’ country: For American citizens, the Form I-171H, Notice of Approval of Advance Processing, issued by U.S. Citizenship and Immigration Services (USCIS) serves as this document.
3. Proof of Income: Bank statements showing the adopting parents’ yearly income, W-2 forms or tax returns and a statement from adopting parents’ employer indicating salary. To avoid confusion, please do NOT copy blank pages of tax returns.
4. Medical Information: Adopting parents must complete a specific medical form. Although the form instructs parents to visit eight different specialists, in practice it is only necessary for prospective adoptive parents to visit their family doctor. This doctor must complete the form in its entirety. The purpose of the examination is to show that the adoptive parents do not have any psychiatric, communicable, internal, skin or venereal diseases or conditions. There must also be a statement that the prospective adoptive parents are not drug addicts, and that they do not have AIDS or syphilis. Medical certificates should be issued on the official letterhead of the medical office where the examination took place. Alternatively, the document can bear a stamp/seal of the approving clinic/doctor, if available. The doctor’s signature must be notarized. If letterheads/seals are not available, the SDAPRC requests that a copy of the doctor’s medical license be attached to the form.
5. Marriage Certificate: Copy of the marriage certificate (if applicable).
6. Identification Documents: Copies of the passports or other identification papers of prospective adoptive parents. A copy of the Permanent Resident Card should be included, if one of the parents is not an American citizen.
7. Criminal Record: Both prospective adoptive parents must supply a “No criminal record” statement from a competent authority, attesting to his/her/their having no criminal record at the State level. Statements from the city or county level are not accepted by the Ukrainian authorities. If the criminal background check statement is issued by the local sheriff/police office ( not State authorities), it should clearly indicate that each prospective adoptive parent has no criminal record in the state of his/her residence.
8. Registration Commitment: The prospective adoptive parents must commit, in writing, to register their child with the Ukrainian Embassy or Consulate in their home country within one month of the completion of adoption. Adoptive parents must also agree to supply information about the adopted child’s living conditions and educational progress to the Ukrainian consular office at least annually during the first three years following the adoption. Under Ukrainian law, an adopted child remains a Ukrainian citizen until age 18, at which time s/he can decide whether to remain a Ukrainian citizen.
Please note that all eight documents must be separate documents; one cannot be part of another.
The documents remain valid for one year from the date of issuance, except for USCIS Form I-171H, which is valid for 18 months.
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 the Department of State’s website.
AUTHENTICATION PROCESS FOR UKRAINIAN DOCUMENTS: The U.S. Embassy in Kyiv does not require that the originals of the adoption decree and new birth certificate be legalized or authenticated prior to visa issuance. However, because other U.S. Government agencies to which the parents may later need to submit the documents may require that they be legalized or authenticated, the U.S. Embassy in Kyiv strongly recommends that all American adoptive parents have the original or certified copy of the adoption decree and post-adoption birth certificate legalized prior to their departure from Ukraine. The U.S. Embassy in Ukraine cannot assist parents in obtaining this authentication from the Ukrainian Ministry of Justice after parents have returned to the United States .
UKRAINIAN EMBASSY AND CONSULATES IN THE UNITED STATES:
Embassy of Ukraine 3350 M Street, N.W. Washington, D.C. 20007 Tel: 202 333 0606 Fax: 202 333 0817 Website: http://www.mfa.gov.ua/usa/en/Ukraine also has Consulates General in Chicago (www.ukrchicago.com), New York (www.ukrconsul.org) and San Francisco (www.UkraineSF.com).
U.S. IMMIGRATION REQUIREMENTS:
Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, U.S. Citizenship and Immigration Service publication The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions. Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600A, Petition to Classify Orphan as Immediate Relative and Form I-600, Petition to Classify Orphan as an Immediate Relative in the State Department flyer “How Can Adopted Children Come to the United States.”
Parents who do not have an approved I-600A must file their Form I-600 (Petition t Classify Orphan as an Immediate Relative) with the USCIS office having jurisdiction over their place of residence in the United States . In general, a parent who has an approved I-600A may file Form I-600 either in the U.S. or at a USCIS office in the country where the immigrant visa will be issued. If there is no USCIS office in that country, the I-600 may be filed with the consular section of the U.S. Embassy or Consulate where the adoption case is being processed.
U.S. EMBASSY IN UKRAINE: 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 6 Pymonenko Street Kyiv, Ukraine Tel: 380-44-490-4422 Immigrant Visa Unit Tel: 380-44-490-4079 Fax: 380-44-490-4040 website: http://kyiv.usembassy.govAPPLYING FOR A VISA AT THE U.S. EMBASSY IN UKRAINE : U.S. law requires that the adopted child, regardless of age, be present before the consular officer at the U.S. Embassy at the time of the immigrant visa interview.
Embassy Kyiv schedules adoption visa interviews from Monday through Friday. Parents must drop off all required documents at the Consulate no later than 12:00 noon on the business day prior to the day of the actual visa interview. No appointment is required to submit documents. Visa interviews will take place at 2:00 p.m. on the day designated, and can only take place if we have already received all the required documents. We will make every effort to issue the visa on the next working day. However, it is important to note that additional checks are required by law if the adopted child is 16 years or older. These checks delay visa issuance by up to 72 hours. Please plan your travel accordingly. Parents who cancel a visa appointment should expect to wait one to three days for the next available time. Once the visa has been issued, parents may depart Ukraine with their child(ren).
The U.S. Embassy in Kyiv is closed on all U.S. and Ukrainian holidays.
TRANSIT VISAS FOR TRAVEL TO THE UNITED STATES: Foreign-born children adopted by U.S. citizens do not acquire American citizenship automatically at the time of visa issuance, and thus the child will be traveling to the United States as a Ukrainian citizen on his/her Ukrainian passport. Therefore, families transiting other countries en route to the United States or other destinations will need to obtain appropriate transit or temporary visa(s) for the child from those countries. The U.S. Embassy cannot arrange these visas. Parents should check with transit countries in advance for the most recent visa requirements for Ukrainian children.
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
