INTERCOUNTRY ADOPTION


HONG KONG SAR


March 2007

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. 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:  Under Hong Kong law, children between six months and 18 years of age can be adopted.  Hong Kong Social Welfare Department (SWD) statistics on adoptions indicate that the Social Welfare Department handled 74 adoptions in FY2006 for foreign families living abroad and based in Hong Kong.  Same statistics also reflect that most children available for adoption are five years old or younger, and some of them have health problems or are disabled. 


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

Fiscal Year       Number of Immigrant Visas Issued

FY 2006                                     25
FY 2005                                     34
FY 2004                                     17
FY 2003                                     15
FY 2002                                     25



ADOPTION AUTHORITY IN HONG KONG: 
The government office responsible for adoptions in Hong Kong is the Adoption Unit of the Social Welfare Department

Adoption Unit
Social Welfare Department
38 Pier Road
Harbor Building 4/F.
Central, Hong Kong
Tel: (852) 2852-3107
Fax: (852) 2851-9189
E-mail: grau@swd.gov.hk
Web site: http://www.info.gov.hk/swd



ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Ethnic Chinese are preferred by the government of Hong Kong for adoption.  However, non-ethnic Chinese may also adopt if willing to consider an older child or a child with special needs. 

Married couples seeking to adopt in Hong Kong should be at least 25 years old and in good physical and mental health.  Prospective adoptive parents over age 45 will be considered for adoption if they are willing to accept older children or children with special needs.  Parents who already have a special needs child stand a better chance of being approved to adopt a child suffering from complicated illnesses.  Prospective adoptive parents should be prepared to prove that their income exceeds the Medium Monthly Domestic Household Income set by the Social Welfare Department.  The Medium Monthly Domestic Household Income requires that after a family has paid all monthly necessary expenditures (such as the mortgage, loans, insurance, helper wages, tuition, etc.), a minimum level of funds are left over for incidental expenses – a family of 3 must show monthly funds of HK$16,000 and a family of 4 must show monthly funds of HK$19,800.  The Medium Monthly Domestic Household Income is not available publicly – interested parties should contact the Social Welfare Department directly.  Couples residing outside of Hong Kong must submit their tax returns and complete a questionnaire for the Social Welfare Department detailing their financial assets. 

Single parents over 25 years old may also apply for adoptions.  Preference is given to single parents with special parental skills, such as nursing or social work skills.  Some single parents have found that their chances of being approved for adoption in Hong Kong increase if they agree to adopt a child with special needs.  Single parents who already have a special needs child stand a better chance of being matched with a special needs adoptee.  Single parents must also demonstrate that they possess adequate financial resources -- see paragraph above for details on minimum income.


RESIDENCY REQUIREMENTS:  Prospective adoptive parents currently living in Hong Kong must be residents of Hong Kong or should offer assurance to the Adoption Unit that they will be living in Hong Kong for a minimum of 12 months.  There is no Hong Kong residency requirements for prospective adoptive parents residing in the United States. 


TIME FRAME:  According to Hong Kong authorities, the average amount of time to complete an intercountry adoption ranges from six to twelve months.  The timeframe may be lengthened if the family has specific requests regarding the child’s age and/or medical conditions. 


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 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 HONG KONG:  The Social Welfare Department’s Adoption Unit provides an assessment on the suitability of an adoption to applicants at no charge.  Adoptive parents based in Hong Kong are required to pay a fee of HK$2,840 charged for acting as guardian ad litem while the adoption proceedings are finalized in Hong Kong.  Prospective adoptive parents residing outside of Hong Kong are not required to pay this fee. 


ADOPTION PROCEDURES: 

A) Residents of Hong Kong    
For prospective adoptive parents resident in Hong Kong, the adoption process begins with the prospective adoptive parents submitting an application to the Director of the Social Welfare Department.  The Social Welfare Department then compiles a “home study” and requires a medical examination of the prospective adoptive couple.  This information is also compiled into the application of the prospective adoptive couple.  If the application is approved, the Social Welfare Department will try to match the prospective adoptive couple with a child.  When a match is made, the Department gives written consent to release the child into the applicants’ home for a period of at least six months.  An adoption social worker will make periodic visits to the applicants’ home to determine whether adoption by the applicants would be in the best interests of the child.  Meanwhile, the prospective adoptive parents must submit the required applications to the Director of the Social Welfare Department and to the Hong Kong District Court for an Adoption Order.  Upon receipt of the recommendation from the Director of the Social Welfare Department, the District Court sets a hearing date for the adoption to be finalized.  If an adoption order is granted, the final adoption certificate will be issued approximately two weeks following this decision.  After the order is granted, the adoptive parents can apply a passport for the child.

B) Non-Residents of Hong Kong
Prospective adoptive parents in the U.S. may apply to adopt a Hong Kong child to the United States under Hong Kong’s Intercountry Adoption Program.

Prospective adoptive parents should begin by contacting a U.S. based adoption agency.  The U.S. adoption agency should arrange for a home study to assess the suitability of the prospective adoptive parents.  The U.S. adoption agency should then liaise with one of the agencies in Hong Kong that have been accredited to facilitate international adoptions (see paragraphs below for details.)  The U.S. agency forwards the home study report and supporting documentation such as financial evidence, medical reports, background checks, and recommendation letters, to the Hong Kong accredited body.  The Hong Kong agency will in turn submit the documentation to the Social Welfare Department.  The Director of the Social Welfare Department will examine the documentation to consider if the adoption is in the best welfare interests of the child.  If the Director approves of the adoption, the Social Welfare Department will file a court order to pass the care and control of the child to the Director of the U.S. adoption agency.  At this point, the prospective parents should begin the process of filing the necessary paperwork with USCIS.  Once the child has moved to the U.S. and lived with the family for a minimum of six months, the parents may file paperwork to finalize the adoption.  As part of the finalization of the adoption, the care and control of the child will be formally passed from the U.S. adoption agency director to the adoptive parents.

One agency accredited to facilitate intercountry adoptions is the International Social Service (ISS).   ISS works closely with Hong Kong's Social Welfare Department in placing children overseas.  ISS has an office in the United States at:

International Social Service United States
700 Light Street
Baltimore, Maryland 21230
Tel: 410-230-2734
Fax: 410-230-2741

ISS Baltimore may be able to provide general information on adoptions.  For specific information about Hong Kong adoption procedures, contact the International Social Service Hong Kong Branch Office:

International Social Service Hong Kong Branch
6/F., Southorn Center
130 Hennessy Road
Wanchai, Hong Kong
Tel: (852) 2834-6863
Fax: (852) 2834-7627
E-mail: isshkbr@netvigator.com
Website: http://www.isshk.org

Another accredited agency in Hong Kong that facilitates international adoptions is Mother’s Choice Overseas Adoption Service.  Mother’s Choice specializes in placing children with special needs – ranging from vision and hearing impairment to cerebral palsy, Down’s syndrome and developmental delay.

Mother’s Choice
Overseas Adoption Service
Tel (852) 2537-4122
Fax  (852) 2537-7681
E-mail  adoption@motherschoice.com 
Website: http://www.motherschoice.com/pages/index.asp?pg=home


DOCUMENTS REQUIRED FOR ADOPTION IN HONG KONG: Prospective adoptive parents (both residents and non-residents of Hong Kong) must submit the following documents in support of their application for adoption:

  • Copy of U.S. passport;
  • Copy of marriage certificate (if applicable);
  • Evidence of termination of previous marriage (if applicable);
  • Proof of income;
  • Copies of school credentials;
  • Evidence of prior adoptions (if any),
  • Satisfactory home study report and medical examination reports of the adopting parents. (These documents are not required by Hong Kong to be authenticated.  The agencies in the U. S. engaging in adoptions submit notarized home study and physical exam reports in adoption cases.)



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.


CHINESE EMBASSY AND CONSULATE IN THE U.S.:

The Embassy of the People's Republic of China
2300 Connecticut Ave., NW
Washington DC 20008
Tel: (202) 328-2500
Fax: (202) 588-0032
E-mail: webmaster@china-embassy.org. 

The People's Republic of China also has Consulates in San Francisco, Los Angeles, Houston, New York City, and Chicago.


U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive 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 Adoptions can be found on the Bureau of Consular Affairs web site, travel.state.gov, under “intercountry 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. CONSULATE GENERAL IN HONG KONG:  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:

Street Address:
26 Garden Road
Central, Hong Kong

Mailing address:
PSC 461
Box 5
FPO AP 96521-0006
Tel: (852) 2841-2211
Fax (852) 2845-4845

E-mail is available using an online inquiry form located on the Consulate’s website: http://hongkong.usconsulate.gov/visa_inquiries.html.


APPLYING FOR A VISA AT THE U.S. CONSULATE GENERAL IN HONG KONG:  Before prospective adoptive parents can apply for an immigrant visa on behalf of an orphan, they must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Citizenship and Immigration Service (USCIS).  A prospective adoptive parent may file Form I-600A - Application for Advance Processing of Orphan Petition - with the USCIS office having jurisdiction over their place of residence.  This form allows the most time-consuming part of the process to be completed in advance, even before the parent has been matched with a particular child.  In addition, a parent who has an approved I-600A may file an I-600 in person at the USCIS office in Hong Kong .  Detailed information about filing these forms can be found on USCIS's website at http://www.uscis.gov.  U.S. citizens who have adopted or hope to adopt a child from Hong Kong should request, at the time they file these forms, that USCIS notify the Consulate General in Hong Kong as soon as the forms are approved.  Upon receipt of such notification, the Immigrant Visa Unit will contact the parents and provide additional instructions on the immigration process.  U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from a USCIS office. 

One part of the petition process that USCIS cannot complete in advance is the “orphan investigation”.  An orphan investigation, Form I-604 (Report on Overseas Orphan Investigation), is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by U.S. immigration law.  The consular officer will investigate the child’s status and confirm that child can be classified as an orphan during the immigrant visa interview. 

The Consular Section’s Immigrant Visa Unit conducts immigrant visa interviews and issues visas to qualified orphans.  Interviews for adoption cases are conducted by appointment only.  For IR-4 cases, prospective adoptive parents and the adoption facilitator in Hong Kong will be contacted in writing by the Immigrant Visa Unit with the date and time of the scheduled interview.  Adoptive parents of orphans who had a full and final adoption overseas (IR-3) should call the Visa Information Call Center to schedule an interview appointment.


NOTE:  Visa issuance after the final interview now generally takes 24 hours and it will not normally be possible to provide the visa to the adoptive parents on the day of the interview.


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 Hong Kong may be addressed to the U.S. Consulate General in Hong Kong. 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/.