INTERCOUNTRY ADOPTION


CROATIA

June 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.

PLEASE NOTE: Croatian law gives absolute priority to adoptions by Croatian citizens.  While there is nothing in Croatian law that specifically prohibits foreigners from adopting Croatian children, the law stresses that there must be overwhelming justification and exceptionally compelling reasons.  The Ministry of Health and Social Welfare must approve such adoptions.  Foreign adoption and removal of Croatian children from their homeland is a sensitive subject to Croatian authorities and to the Croatian people.  In practice, it is extremely difficult, if not impossible, to obtain this approval, as the government does not consider it beneficial to a child to be uprooted, to lose contact with relatives, or to lose his/her Croatian identity.

The number of prospective parents in Croatia is significantly higher than the number of children available for adoption.  There are relatively few adoptable children among the total number of children who are without parental care on a temporary or permanent basis.  Traditionally, relatives take in orphan children.

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

Fiscal Year     Number of Immigrant Visas Issued
FY 2005                     2
FY 2004                     1
FY 2003                     4
FY 2002                     5
FY 2001                     1


ADOPTION AUTHORITY IN CROATIA: The government office responsible for adoptions in Croatia is the Ministarstvo zdravstva i sociajlne skrbi (Ministry of Health and Social Welfare), the address is Ksaver 200A 14, 10000 Zagreb.

In Croatia, the application for adoption must be submitted to the Centar za socialnu skrb (Center for Social Welfare, equivalent to a U.S. county or municipal social services department).  The Center for Social Welfare prepares an adoption case for submission to the Ministry, the ultimate authority to approve adoptions by foreigners.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:
Adults between the ages of 21 and 35 years old, who are at least eighteen years older than the adopted child, may adopt a child in Croatia.  If there are some particularly justified reasons, an adoptive parent may be a person older than 35 years, but the age difference between the adoptive parent and the adopted child may not be greater than 45 years.  If the adoptive parents adopt sisters and brothers, half sisters and half brothers, it is enough that one of the adoptive parents meets the age condition for only one of the children.  If the adoptive parents have adopted a child and subsequently wish to adopt the child’s sister, brother, half-sister or half-brother, they may adopt such a child without reference to their age. Also, as an exception, an adoptive parent may be a foreigner if this is of particular benefit to the child.  If the adoptive parent is a foreigner, the adoption can take place only with the prior approval of the Ministry of Health and Social Welfare.  The law makes no distinction between single or married adoptive parents; however, in practice, when a baby is in question, preference is given to married petitioners. 

RESIDENCY REQUIREMENTS: Prospective adoptive parents do not have to reside in Croatia during the adoption process, but the Center for Social Welfare should be aware when they are and are not in the country.  A Power of Attorney would be required during adoptive parents’ absence so that someone can act legally on their behalf.

TIME FRAME: According to Croatian law, adoptions should be either approved or disapproved within 60 days of receipt of the submission of the completed application to Ministry of Health and Social Welfare. 

ADOPTION AGENCIES AND ATTORNEYS: All adoptions must be approved through the Ministry of Health and Social Welfare, the address is Ksaver 200A, 10000 Zagreb. 
The U.S. Embassy Zagreb can provide a list of English-speaking attorneys and court translators in Croatia.  Provision of the list is not an endorsement of the attorneys whose contact information is provided.  The list can be located at: http://www.usembassy.hr/acs/attorneys.pdf on the web site for the U.S. Embassy in Zagreb. 
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 the Department of State Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES IN CROATIA: The Croatian government charges no fee for its role in the adoption process.

ADOPTION PROCEDURES: Persons who wish to apply to adopt a particular child can do so by directly contacting the Center for Social Welfare of the municipality in which the child resides.  If the prospective parents have not identified a particular child, they should contact the Ministry of Health and Social Welfare to ask if any municipal Centers for Social Welfare have a child available for adoption.  In both cases, when prospective children have been identified, the next step is for parents to submit the documents listed below to the municipal Centers for Social Welfare. 
After reviewing the case, the Center for Social Welfare forwards the application package to the Ministry of Health and Social Welfare with a recommendation as to whether the adoption should proceed.  The Ministry then reviews the case and makes a final decision on the adoption within 60 days of receipt.  The Ministry then notifies the Center where the application was filed as of its recommendation and the Center in turn notifies the prospective adoptive parent(s) as to the final decision.  The adoption is considered final when the adoptive parents receive the notification from the Center.  No court appearance is required for finalization.

DOCUMENTS REQUIRED FOR ADOPTIONS IN CROATIA: There is no specific application form.  A request for adoption takes the form of a letter, written by the prospective adoptive parent(s), detailing their circumstances and their desire for adoption, and bearing original signature(s).  It can be submitted by mail or through an authorized representative with Power of Attorney.  The application must be accompanied by the following documents:


• Certified birth certificate(s) of the prospective parents;

• Certified marriage certificate (if applicable); 

• Medical certificate of good health preferably provided by a hospital or general practice clinic rather than a private          physician;

• Proof of citizenship (certified copy of a birth certificate, naturalization certificate, or passport); 

• Proof of employment in the form of a letter from the parent(s) employer(s) stating their position, length of employment, and salary.

• Criminal Background Check: All prospective parents must submit a U.S. Federal Bureau of Investigation Criminal Justice information Services (CJIS) identification record;

• Federal Income Tax return(s) from the preceding year;

• Home study (social worker’s analysis) about the adoptive family and other circumstances of the application, including his or her ability to care for a child. 

All original documents and the application letter must be in English and each must be accompanied by a translation in Croatian by an authorized court translator.  It is easier and less expensive to have the translations done in Croatia by an authorized court translator rather than in the United States.  The U.S. Embassy in Zagreb can provide a list of court interpreters, but cannot endorse the services or qualifications of anyone on the list (http://www.usembassy.hr/acs/court_interpreters.pdf).  Any official documents (birth certificates, passports, social service reports, home studies, etc) should be certified by an apostille from the designated authority in the United States.

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.travel.state.gov/law/info/judicial/judicial_701.html

CROATIAN EMBASSY AND CONSULATES IN THE UNITED STATES:
Embassy of the Republic of Croatia
2343 Massachusetts Ave. NW
Washington, DC 20008
Tel: (202) 588-5943
Fax: (202) 588-8937

Internet: http://us.mfa.hr/?mh=185&mv=1614

E-mail: consular@croatiaemb.org

Croatia has consulates in Chicago, Kansas City, Los Angeles, New Orleans, New York, Pittsburgh, Seattle, and St. Paul, Minnesota.

U.S. 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 Adoption can 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 .

U.S. EMBASSY IN CROATIA: 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:
2 Thomas Jefferson Street
10010 Zagreb, Croatia
Telephone: 385-1-661-2200
Consular Services: 385-1-661-2300
Embassy Hours: 8 AM - 4:30 PM
Hours for Visa Services: see the Embassy’s website at http://www.usembassy.hr/ or call 385-1-661-2300
Hours for American Citizen Services: 8:00 AM - Noon; 1:30 PM - 3:00 PM

APPLYING FOR A VISA AT THE U.S. EMBASSY IN CROATIA:
Adjudicating an orphan case at the U.S. Embassy in Zagreb requires completion of the following steps prior to visa issuance:

• Adopting parents establish their suitability for an international adoption, through an approved I-600A filed with USCIS;
• Adopting parents establish that a particular child may be classified as an orphan under U.S. immigration law, as demonstrated by an approved I-600 petition and confirmed through a review of the orphan determination (I-604) – paperwork may be completed by a CSI or consular officer at a U.S. Embassy or Consulate overseas;
• A visa application is filed on behalf of the child, providing all necessary documentation for production of the visa and demonstrating that no legal impediments to visa issuance apply – a consular officer will review the application at U.S. Embassy Zagreb;
• If approvable, the visa is issued, and the child travels to the U.S. and obtains citizenship, either upon entry or upon completion of a full and final adoption in the United States.

Note: Visa issuance after the final interview generally takes 24 hours and it will normally not be possible to provide the visa to adoptive parents on the day of the interview.  Although the final visa interview appears to involve a single action that may be completed quickly, the consular officer must perform several different steps required by law and regulation. The officer must review the I-600 petition, verify the child's status as an orphan, establish that the prospective parent(s) have legal custody, survey the child's medical condition and confirm that the child has the required travel documentation.
Questions concerning legal custody or proper documentation for the child must be resolved in accordance with the law of the country of the child's nationality or residence. Adoptive parents are encouraged to contact U.S. Embassy Zagreb directly for information regarding local requirements.  Nevertheless, the adoptive parent(s) or the adoption agent is responsible for meeting these requirements. As explained earlier, the child's ability to qualify for an immigrant visa as an orphan is determined by U.S. law. An adoption by a court decree or comparable order by a competent authority does not automatically qualify a child for an immigrant visa for entry into the United States.
 
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 adoption in Croatia may be addressed to the U.S. Embassy in Zagreb, Croatia (385-1-661-2200 or http://www.usembassy.hr/). General questions regarding international 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 international country 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/.