Georgia is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). Intercountry adoption processing in Convention countries is done in accordance with the requirements of the Convention; the U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA); and the IAA’s implementing regulations, as well as the implementing legislation and regulations of Georgia.

Note: Special transition provisions apply to adoptions initiated before April 1, 2008. Read about Transition Cases.

In addition to these U.S. requirements for prospective adoptive parents, Georgia also has the following requirements for prospective adoptive parents:

• Minimum Residency: There are no residency requirements for prospective adoptive parents in Georgia.
• Age of Adopting Parents: An adoptive parent may be any person who is 18 years of age or older. The age difference between the adoptive parent and the child to be adopted must not be less than sixteen years. However, a court may waive this age difference requirement if a valid reason exists.
• Marriage: Both single individuals and married heterosexual couples can adopt. The Civil Code of Georgia defines marriage as a union between a man and a woman. Accordingly, same sex married couples cannot adopt in Georgia. However, here is no prohibition against adoption based on the sexual orientation of an unmarried prospective adoptive parent.
• Minimum Income: Prospective parents must prove that they can provide for the child but there is no minimum income requirement.
• Other requirements:
  • Prospective Adoptive Parents can be disqualified due to three types of legal capacity concerns: 1) mental and psychological problems, 2) drug addiction and alcoholism, and 3) physical disorders. In some cases physical disorders may not disqualify a prospective adoptive parent to adopt but this would be reviewed on a case by case basis.
  • Persons who have previously adopted or have been deprived of parental rights, or were the guardians/caregivers of an underage child or had a person in foster care, and have had these relationships terminated due to not properly carrying out their duties, may not adopt.

  The Central Authority has indicated that it reserves the right to make additional requirements on a case-by-case basis.

Because Georgia is party to the Hague Adoption Convention, children from Georgia must meet the requirements of the Convention in order to be eligible for intercountry adoption.  For example, the adoption may take place only if the competent authorities of Georgia have determined that placement of the child within Georgia has been given due consideration and that an intercountry adoption is in the child’s best interests.

In addition to qualifying as a Convention adoptee under U.S. immigration law, the child must also meet the following requirements imposed by Georgia:

• Eligibility for adoption
  • Relinquishment: Children whose legal representative has given consent to his/her being adopted.
  • Abandonment: Persons whose parent(s) has (have) been deemed legally incapable, recognized as missing or been declared deceased by a court of law.
  • Age of Adoptive Child:  Any child under the age of 18 who has been registered in the Registry of Adoptable Children and who has not been adopted in Georgia within eight months of being registered, may be selected for intercountry adoption.
  • Please note that for a child to meet the definition of Convention adoptee under U.S. immigration law, a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, must be filed on the child’s behalf while the child is under the age of 16 (or under the age of 18 if the child is the birth sibling of another adopted child who meets the age and other requirements to immigrate based on adoption by the same adoptive parent(s)).  Please see the USCIS website for special rules on filing dates for children aged 15-16 or siblings aged 17-18.

Caution:  Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are eligible for adoption.  In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when possible.  In such cases, the birth parent(s) have not relinquished their parental rights or consented to the adoption of their child(ren).

Warning:  Do not adopt or obtain legal custody of a child in Georgia before:  1) USCIS has approved your Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, 2) the Central Authority of Georgia has determined the child is eligible for intercountry adoption, 3) USCIS has provisionally approved your Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, and 4) a U.S. consular officer has issued an “Article 5/17 Letter” in the case.  Read on for more information.

Georgia’s Central Adoption Authority

LEPL Agency for State Care and Assistance for the (statutory) Victims of Human Trafficking  Ministry of Internally Displaced Persons from the Occupied Territories Labour Health and Social Affairs of Georgia

The Process

Because Georgia is party to the Hague Adoption Convention, adoptions from Georgia must follow a specific process designed to meet the Convention’s requirements.  A brief summary of the Convention adoption process is provided below.  You must complete these steps in the following order to meet all necessary legal requirements.  Adoptions completed out of order may cause significant delays or result in the child not being eligible for an immigrant visa to the United States.

1. Choose a U.S. Accredited or Approved Adoption Service Provider To Act as Your Primary Provider

2.  Apply to USCIS to be Found Suitable and Eligible to Adopt (Form I-800A)

3.  Apply to Georgia’s Authorities to Adopt, and Be Matched with a Child

4.  Apply to USCIS for the Child to be Found Provisionally Eligible for Immigration to the United States as a Convention Adoptee (Form I-800) and Receive U.S. Agreement to Proceed with the Adoption (Art. 5/17 letter)

5.  Adopt the Child in Georgia  

6.  Apply for a U.S. Immigrant Visa for Your Child and Bring Your Child Home

1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider

The first step in adopting a child from Georgia is to select an adoption service provider in the United States that has been accredited or approved to provide intercountry adoption services to U.S. citizens.  A primary provider must be identified in each Convention case and only accredited or approved adoption service providers may act as the primary provider in your case.  Unless a public domestic authority is providing all adoption services in your case, a primary provider is required in every intercountry adoption case.  Your primary provider is responsible for:

• Ensuring that all six adoption services defined at 22 CFR 96.2 are provided consistent with applicable laws and regulations;
• Supervising and being responsible for any supervised providers, and otherwise complying with the requirements regarding the provision of adoption services using other providers (see 22 CFR 96.14); and
• Developing and implementing a service plan in accordance with 22 CFR 96.44.

For more information on primary providers and the UAA, please see Universal Accreditation Act of 2012.  Learn more about Agency Accreditation.

2.  Apply to USCIS to be Found Suitable and Eligible to Adopt

In order to adopt a child from Georgia, you will need to meet the requirements of the Government of Georgia and U.S. immigration law.

After you choose an accredited or approved adoption service provider, you must be found suitable and eligible to adopt by USCIS by submitting Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country.  You will need to submit a home study, provide biometrics, and cooperate in a background check as part of this application.  Read more about Suitability and Eligibility Requirements. Unless an exception applies, the home study must be prepared by a person who is authorized under 22 CFR 96 to prepare home studies and must comply with the requirements in 8 CFR 204.311.

3.  Apply to Georgia’s Authorities to Adopt, and be Matched with a Child

Submit Your Dossier to the Central Authority

After USCIS determines that you are suitable and eligible to adopt and approves the Form I-800A application, your adoption service provider will provide your approval notice, home study, and any other required information to the adoption authority in Georgia as part of your adoption application.  Georgia’s adoption authority will review your application to determine whether you are also suitable and eligible to adopt under Georgia’s law.

Receive a Referral for a Child from the Central Authority

If both the United States and Georgia determine that you are suitable and eligible to adopt, and Georgia’s Central Authority for Convention adoptions has determined that a child is eligible for adoption and that intercountry adoption is in that child’s best interests, the Central Authority for Convention adoptions in Georgia may provide you with a referral.  The referral is a proposed match between you and a specific child based on a review of your dossier and the needs of the child.  The adoption authority in Georgia will provide a background study and other information, if available, about the child to help you decide whether to accept the referral.  We encourage families to consider consulting with a medical professional and their adoption service provider to understand the needs of the specific child, but you must decide for yourself whether you will be able to meet the needs of, and provide a permanent home for a specific child.  You must also adhere to the recommendations in the home study submitted to USCIS with respect to the number of children and capacity to deal with any special needs of an adoptive child.  Learn more about Health Considerations.  If you accept the referral, the adoption service provider communicates that to the Central Authority in Georgia.  Learn more about this critical decision.

4.  Apply to USCIS for the Child to be Found Provisionally Eligible for Immigration to the United States as a Convention Adoptee and Receive U.S. Agreement to Proceed with the Adoption

Submit a Petition for a Determination on the Child’s Immigration Eligibility

After you accept being matched with a particular child, you will apply to USCIS for provisional approval for the child to immigrate to the United States by filing the Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative.  USCIS will make a provisional determination as to whether the child appears to meet the definition of a Convention adoptee and will likely be eligible to be admitted to the United States.

Submit an Immigrant Visa Application

After provisional approval of Form I-800 petition, you or your adoption service provider will submit a visa application to the consular section of the U.S. Embassy in Tbilisi responsible for issuing immigrant visas to children from Georgia.  

You should receive a letter from the National Visa Center (NVC) confirming receipt of the provisionally approved Form I-800 petition and assigning a case number and an invoice ID number.  Use this information to log into the Consular Electronic Application Center (CEAC) to file the Electronic Immigrant Visa Application (DS-260) for your child.  An adoptive parent should fill out these forms in your child's name.  Answer every item on the form.  If information is not applicable, please write “N/A” in the block.  Please review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact the NVC at NVCAdoptions@state.gov or +1-603-334-0700 if you have questions about completing the online DS-260 form.  A consular officer will review the provisionally approved Form I-800 petition and the visa application and, if applicable, advises you of options for the waiver of any ineligibilities related to the visa application.

The consular officer will send a letter (referred to as an “Article 5/17 Letter”) to Georgia’s Central Authority in any intercountry adoption involving U.S. citizen parents and a child from Georgia if all Convention requirements are met and the child appears eligible to immigrate to the United States.  This letter will inform the Georgia’s Central Authority that the parents are suitable and eligible to adopt, that the child appears eligible to enter and reside permanently in the United States, and that the U.S. Central Authority agrees that the adoption may proceed.

Warning:  Do not attempt to adopt or obtain custody of a child in Georgia before you receive provisional approval of your Form I-800 petition AND a U.S. consular officer issues the “Article 5/17 Letter” for your adoption case.

Remember:  The consular officer will make a final decision about a child’s eligibility for an immigrant visa later in the adoption process.

5.  Adopt the Child in Georgia or Obtain Legal Custody of the Child for Purposes of Emigration and Adoption

Remember:  Before you adopt or obtain legal custody of a child in Georgia, you must have completed the above four steps.  Only after completing these steps can you proceed to finalize the adoption or a grant of legal custody by Georgia for the purposes of emigration and adoption.

The process for finalizing the adoption or obtaining legal custody for purposes of emigration and adoption in Georgia generally includes the following:

• Role of Adoption Authority:
  • Reviews the application of the adoptive parents, and an adoptable child’s medical and other conditions, and then proposes a match and transmits the child’s background study and report (which including information such as age, medical condition, sex, and nationality of the child) to an accredited or approved U.S. adoption service provider (ASP). (The ASP provides this information to the prospective adoptive parent.)
  • Ensures that the child is physiologically ready for entrustment to the prospective adoptive parents (PAPs) and assists them in travel arrangements.
  • Prepares the adoption case for court hearing. This includes verifying documents in the case, preparing a recommendation on the adoption of the child for the court to avoid omissions, which may delay court hearing. The main goal of this preparatory work is to avoid the adoptive parents being required to travel to Georgia several times if the adoption is delayed due to incomplete or inaccurate case information.
  • Is involved in the Court proceedings of intercountry adoption cases; in particular, an authorized representative of the LEPL Agency for State Care and Assistance for the (statutory) Victims of Human Trafficking   protects the interests of the adoptive child in the court during international adoption. The agency is a party in adoption cases.
  • Issues the Article 23 Certificate after the adoption is completed.
• Role of the Court:
  • Processes all adoption cases and takes appropriate decisions to determine the adoptability of the child and to ensure that the adoption placement is in the best interest of the child. The court makes the final decision regarding the adoption of the child. During the court hearing, the judge reviews the presented documents, listens to the agency representative and adoptive parents’ explanations and makes the final decision.
  • Issues the final adoption decree.
• Role of Accredited or Approved Adoption Service Providers
  • Foreign accredited bodies are permitted to work as intermediaries between the Central Authorities of receiving states and LEPL Agency for State Care and Assistance for the (statutory) Victims of Human Trafficking   They oversee the preparation of documents related to adoption (translation, notarization, transmission etc.) and counsels PAPs throughout the adoption process.
    Unless a public domestic authority is providing all adoption services in your case, there must be a U.S. accredited or approved adoption service provider acting as the primary provider in every case.  Also, any agency or person providing an adoption service on behalf of prospective adoptive parents in any Convention or non-Convention intercountry adoption case must be accredited or approved or be a supervised or exempted provider.  
    Adoption service means any one of the following six services:
  • Identifying a child for adoption and arranging an adoption.
  • Securing the necessary consent to termination of parental rights and to adoption.
  • Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study.
  • Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child.
  • Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or
  • When necessary, because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement. 22 CFR 96.2 Definitions.

• Adoption Application:
  • The prospective adoptive family’s adoption application must be submitted to the Central Authority of Georgia.
• Time Frame:  The timing varies significantly across cases.  In several cases, adoptions have taken more than two years to complete, and the timing of a match depends on whether there is a child in need of adoption.
• Adoption Fees:
  We encourage prospective adoptive parents to obtain detailed receipts for all fees and donations paid, either by them directly or through your U.S. adoption service provider, and to raise any concerns regarding any payment that you believe may be contrary to the Convention, U.S. law, or the law of Georgia with your adoption service provider, and, when appropriate, through the Complaint Registry.  Improper payments violate applicable law or create the appearance of buying a child and could put all future adoptions in Georgia at risk.  The Foreign Corrupt Practices Act, for instance, makes it unlawful to make payments to foreign government officials to assist in obtaining or retaining business.  Further, the IAA makes certain actions relating to intercountry adoptions unlawful, and subject to civil and criminal penalties.  These include offering, giving, soliciting, or accepting inducement by way of compensation intended to influence or affect the relinquishment of parental rights, parental consent relating to adoption of a child, or a decision by an entity performing functions as a competent central authority, or to engage another person as an agent to take any such action.
  
  In the adoption services contract that you sign at the beginning of the adoption process, your adoption service provider will itemize the fees and estimated expenses related to your adoption process.
  
  Some of the fees specifically associated with adopting from Georgia include
  • Fees at Court - 50 GEL;
  • Notarial service (translation, notarization) 50-150 GEL (depending on the number of pages);
  • Preparation of the passport for the child - 100-205 GEL (depending on the amount of time necessary) https://sda.gov.ge/;
  • Legal fees - (vary).

• Documents Required:
  • Application form;
  • Spouse's consent, if the child is being adopted by one of the spouses;
  • Copy of the ID document (personal ID, passport, residence ID);
  • Copy of the marriage certificate (if applicable);
  • Reference sheet on health condition;
  • Reference sheet of the medical-narcological inspection;
  • Reference sheet on the criminal record;
  • Research concerning the family, conducted by the authorized body on adoption of the Receiving State;
  • In the instance when one of the prospective adoptive parents is unable to travel for the Court hearing, a signed and notarized explanation is required, clearly stating the reason(s) for absence;
  • In the instance when one of the prospective adoptive parents is unable to travel at the time of the adoption finalization, a signed and notarized consent form from the absent parent, for the minor’s Georgian passport issuance, is required;
  • Prospective adoptive parents will need interpreters at the Court and other state bodies. The Central Authority does not provide this service; the PAPs may contact interpreters' offices.
    
    Note:  Additional documents may be requested.

• Authentication of Documents:  You may be asked to provide proof that a document from the United States is authentic.  The U.S Department of State’s Authentications Office has information on the subject.

6.  Apply for a U.S. Immigrant Visa for Your Child and Bring Your Child Home

Once your adoption is complete or you have obtained legal custody of the child for the purposes of emigration and adoption of the child in the United States, there are a few more steps to take before your child can head home.  Specifically, you need to apply for three documents before your child can travel to the United States:

Birth Certificate

You will need to obtain a birth certificate for your child.

If you have finalized the adoption in Georgia, you will first need to apply for a new birth certificate for your child.  Your name will be added to the new birth certificate.

If you have been granted legal custody for the purposes of emigration and adoption of the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name.

For information on how to apply for a new birth certificate, please go the Georgian language sites. The English version of the site is currently under construction.

Georgia Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Georgia.

For information on how to apply for a Georgian passport, please go to the Georgian language sites. The English version of the site is currently under construction.

U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child you need to apply for a U.S. immigrant visa for your child from the U.S. Embassy in Tbilisi.  After the adoption or custody for purposes of emigration and adoption is granted, visit the U.S Embassy for a final review of the case, and if applicable, the issuance of a U.S. Hague Adoption Certificate or Hague Custody Certificate, the final approval of the Form I-800 petitions, and to obtain your child’s immigrant visa.  This immigrant visa allows your child to travel home with you and be admitted to the United States as your child.  Please contact the U.S. Embassy in Tbilisi by email at askconsultbilisi@state.gov to schedule your child’s immigrant visa appointment.  As part of this process, you must provide the consular officer with the Panel Physician’s medical report on the child if you did not provide it during the Form I-800 provisional approval stage.  Read more about the Medical Examination.

Before coming for your child’s immigrant visa interview, please complete an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC).  You should receive a letter from the National Visa Center (NVC) confirming receipt of the provisionally approved Form I-800 petition and assignment of a case number and an invoice ID number.  You will need this information to log into CEAC to file the DS-260 for your child. You should fill out these forms in your child's name.  Answer every item on the form.  If information is not applicable, please write “N/A” in the block.  Print and bring the DS-260 confirmation page to the visa interview.  Review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact NVC at NVCAdoptions@state.gov or +1-603-334-0700 if you have questions about completing the online DS-260 form.

Upon receipt of the case at post, the Consular Section generally notifies the petitioner.  Visa issuance after the final interview generally takes 24 hours.  It is not usually possible to provide the visa to adoptive parents on the same day as the immigrant visa interview.  You should verify current processing times with the U.S. Embassy in Tbilisi before making final travel arrangements.  Additional information on immigrant visa processing can be found on our website.

Child Citizenship Act

For adoptions finalized abroad prior to the child’s admission into the United States:  An adopted child residing in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence generally will acquire U.S. citizenship automatically if the child otherwise meets the requirements of the Child Citizenship Act of 2000, including that the child is under the age of eighteen.

For adoptions finalized after the child’s admission into the United States:  You will need to complete an adoption following your child’s admission into the United States and before the child turns eighteen for the child (if he or she otherwise meets the requirements of the Child Citizenship Act of 2000) to automatically acquire U.S. citizenship.

Read more about the Child Citizenship of 2000.

Applying for Your U.S. Passport
U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.

Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place.

Obtaining a Visa to Travel to Georgia
In addition to a U.S. passport, you may also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Georgia, see the Department of State’s Country Specific Information.

Staying Safe on Your Trip
Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.

Staying in Touch on Your Trip
When traveling during the adoption process, we encourage you to enroll with the Department of State. Enrollment makes it possible to contact you if necessary. Whether there is a family emergency in the United States or a crisis in Georgia, enrollment assists the U.S. Embassy or Consulate in reaching you.

Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).

Post-Adoption/Post-Placement Reporting Requirements
LEPL Agency for State Care and Assistance for the (statutory) Victims of Human Trafficking is responsible to request information about the adopted child annually.  U.S. ASPs may assist in providing a report on the health and social condition of the child on an annual basis until the adopted child is 18 years old.  ASPs should provide the information using the form approved by Minister of Labour Health and Social Affairs of Georgia, which is titled “Special information form about the health and social condition of the adopted child from Georgia”.

Post-Adoption Resources
Many adoptive parents find it important to find support after the adoption.  There are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin.  You may wish to take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services.  Your primary provider can provide or point you to post- placement/post-adoption services to help your adopted child and your family transition smoothly and deal effectively with the many adjustments required in an intercountry adoption.

The U.S. Department of Health and Human Services maintains a website, the Child Welfare Information Gateway, which can be a useful resource to get you started on your support group search.

U.S. Embassy in Georgia 
29 Georgian-American Friendship AvenueTbilisi 0131
Tel: (995 32) 227-70-00 or Consular Section: (995 32) 227-77-24
Duty officer for emergencies after hours: (995 32) (995 32) 227-70-00
Email: askconsultbilisi@state.gov
Internet: ge.usembassy.gov/

Georgia's Adoption Authority 
LEPL Agency For State Care And Assistance for the (Statutory) Victims of Human Trafficking (Ministry of Internally Displaced Persons From The Occupied Territories, Labor, Health and Social Affairs)
9 Mikheil Asatiani 0177, Tbilisi, Georgia
Phone: + (995 32) 2 395311
Contact person: Ms. Rusudan Kokhodze 
Director of LEPL Agency For State Care and Assistance for the (Statutory) Victims of Human Trafficking
E-mail: infocareagency@moh.gov.ge
Website: http://atipfund.gov.ge  

Embassy of Georgia
2209 Massachusetts Avenue, NW
Washington, DC, 20008
Tel: (202) 387-2390
Fax: (202) 387-0864
Email: embgeorgia.usa@mfa.gov.ge; washington.emb@mfa.gov.ge
Internet: http://georgiaembassyusa.org/

Georgia also has consulates in:  New York, NY and San Francisco, CA

Office of Children's Issues
U.S. Department of State
CA/OCS/CI  
SA-17, 9th Floor
Washington, D.C. 20522-1709
Tel: 1-888-407-4747
E-mail: Adoption@state.gov
Internet: adoption.state.gov

U.S. Citizenship and Immigration Services (USCIS)
For questions about filing a Form I-800A application or a Form I-800 petition:
USCIS National Benefits Center (NBC):
Tel:  1-877-424-8374 (toll free); 1-913-275-5480 (local); Fax: 1- 913-214-5808
Email: NBC.Adoptions@uscis.dhs.gov

For general questions about immigration procedures:
USCIS Contact Center
Tel:  1-800-375-5283 (TTY 1-800-767-1833)
Internet:  uscis.gov