INTERCOUNTRY ADOPTION


ALBANIA



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:

Albania 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 seeFAQs: Transition Cases and the Hague Adoption.


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

9

FY 2006

13

FY 2005

9

FY 2004

9

FY 2003

6



ADOPTION AUTHORITY IN ALBANIA : The government office responsible for adoptions in Albania is the Albanian Adoption Committee, located within the Ministry of Justice.

Albanian Adoption Committee
Bulevardi "Zhan d'Ark", No 2
TIRANA
Tel: +355 (4) 227 487
Fax: +355 (4) 226 465
Website: www.komitetibiresimeve.com.al    (Albanian Language only)


ELIGIBILITY TO ADOPT:  Under Albanian law, prospective adoptive parents must be a minimum of 18 years older than the adopted child.  Both married and single prospective adoptive parents are permitted.  Note: Under U.S. immigration law, at least one parent must be 25 years old or older (at least 24 years old at the time he or she files the advanced processing application and at least 25 years old at the time he or she files the orphan petition.)


RESIDENCY REQUIREMENTS:  There are no residency requirements for U.S. citizens wishing to adopt a child in Albania . 


TIME FRAME:  Prospective adoptive parents should expect a time frame up to six months after a child has been identified.


ADOPTION AGENCIES AND ATTORNEYS: All adoptions must be processed by an adoption agency accredited by the Albanian Adoption Committee.  Currently, two U.S. adoption agencies have been accredited.  Both agencies are listed on the U.S. Embassy website:  http://tirana.usembassy.gov.

Because Albania is a Convention country , adoption services must be provided by an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider. These terms are defined in 22 CFR Part 96 and explained in the Department’s website brochure “A Guide for Prospective Adoptive Parents.”  For purposes of this document, accredited agencies, temporarily accredited agencies, and approved persons are referred to with the shorthand term “accredited adoption service providers.”

It is essential that prospective adoptive parent(s) seeking to adopt from a Convention country use an accredited adoption service provider.  The Department maintains a current list of accredited adoption service providers.  The list of accredited adoption service providers is also provided on the website of the Hague Permanent Bureau at www.hcch.net.


ADOPTION FEES IN ALBANIA:   Adoptive parents can expect to pay three different fees.  The agency fee, which may differ depending up on the adoption service provider selected, is between $10,000 and $11,000.  In addition a fee of $1,000 must be paid to the Albanian Adoption Committee.  A fee of $500.00 must also be paid to the orphanage where the child lived prior to adoption.

The U.S. Embassy in Albania discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in Albania at risk.


ADOPTION PROCEDURES:  Individuals may not deal directly with the Albanian Adoption Committee or with individual orphanages or biological parents.  The Albanian child must have a certificate from the Albanian Adoption Committee stating that s/he is adoptable.  This means that the child has been in an orphanage for at least six months with no contact from his/her biological parent(s), and that the orphanage has been unsuccessful in placing the child with an Albanian family.  The prospective adoptive parent(s) may not go to an orphanage to select a child without authorization from the Albanian Adoption Committee.  (Authorized local adoption agencies, i.e., International Children’s Alliance , or Bethany Christian Services, may contact the Albanian Adoption Committee to obtain authorization for the prospective adoptive parents to visit an orphanage).  In general the Committee will propose a child whom the prospective adoptive parent(s) may accept if they wish.

In addition, the final court decision and the child’s travel documentation cannot be issued until 14 days after the court date.  The child must remain in Albania during these 14 days, although s/he may reside with the adoptive parent(s) during that time.  Please remember: when traveling back to the U.S. , your newly adopted child may need to obtain a transit visa.  If the country of transit requires a visa for Albanian nationals, this process can take up to one week. (Note:  this procedure is separate from the U.S. immigrant visa process.) Therefore, prospective adoptive parent(s) should be prepared to arrive in Albania a day or two before the court date and to remain afterwards for approximately three weeks.


DOCUMENTS REQUIRED FOR ADOPTION IN ALBANIA:

  • A written request clearly stating the reasons why he/she/they want(s) to adopt a child;
  • Adoption application; the form is called Preliminary Application for International Adoption.  The agency facilitating the case will provide the form to the PAP.
  • Birth certificate, marriage certificate of the adopting parent(s). Divorce decree and former spouse's death certificate, if applicable;
  • Police records of the adopting parent(s) (PAPs) must have a clean police record.  The Adoption Committee will not allow a parent with a criminal record to adopt a child.
  • Personal, family, and social information on the adopting parents (usually included in the Home Study), and;
  • Medical information on the adopting parent(s).  Medical information is addressed by a physician that is contracted by the adoption service provider in the U.S.
  • Home Study completed by an authorized home study preparer;
  • Financial statement from adopting parents;
  • Warranty deed (the Albanian Adoption Committee requires evidence that PAPs own their own home); 
  • Reference letter from adopting parent’s employer;
  • Family and home pictures.

All the above-mentioned documents are submitted to one of the adoption agencies accredited by the Albanian Adoption Committee.


ALBANIAN EMBASSY IN THE UNITED STATES:

Embassy of the Republic of Albania
2100 S. Street, N.W.
Washington, D.C.   20008
Tel: (202) 223-4942 or (202) 393-2396
Fax: (202) 628-7324.


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.


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.


U.S. EMBASSY IN ALBANIA : 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:

Rruga e Elbasanit, No. 103
Tirana, Albania
Tel: +355-4-247-285
Fax number: +355-4-374-957
E-mail address: ACSTirana@state.gov


APPLYING FOR A VISA AT THE U.S. EMBASSY IN ALBANIA :  In transition cases only, the I-600 (Petition to Classify an Orphan as an Immediate Relative) is filed at the U.S. Embassy Tirana, after an adoptive parent has legal custody of a child, i.e. after the court decision on the adoption is final.   To make an appointment to file the I-600, please contact the Consular Section at:

Tel: +355-4-247-285
Fax: +355-4-374-957
Email: TiranaUSConsulate@state.gov

The Embassy will issue a medical appointment letter to the adoptive parent (s) for the required medical examination of the adoptive child (children) prior to the immigrant visa application. Upon completion of the adoptive child's (children's) medical examination, the Embassy will schedule an appointment for the adoptive parent(s) and the adoptive child (children) to come to the Embassy's Consular Section to apply for the immigrant visa.  At the time of the immigrant visa application the adoptive parent(s) must present the following:

  1. Birth certificate for the adoptive child (children) reflecting the names of biological parents;
  2. Birth certificate for the adoptive child (children) reflecting the names of the adoptive parent(s);
  3. Final court decree of abandonment of the child (children);
  4. Final court decree of the adoption;
  5. Medical examination report;
  6. One (1)-50x50 mm color photo with white background on glossy paper, the photo should have a full frontal view of the face, with the head centered in the frame. The face should cover 50 percent of the photo area, and;
  7. An amount of $ 380 or the equivalent in Albanian Lek, in cash, for each visa.

Note: Visa issuance after the final interview now generally takes 48 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.


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