INTERCOUNTRY ADOPTION


IRAN

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.

The Department of State has received inquiries from American citizens concerned about the plight of the children affected by the earthquake in Bam, Iran and wondering about the possibility of adoption. The Department of State shares this humanitarian concern for the children of Bam, Iran and applauds American citizens’ desire to assist them in their time of need. However, at this time, it is not possible for U.S. citizens to adopt Iranian children, for several reasons.

The international standard in a crisis is to keep children as close to their family members as possible. It can be extremely difficult to determine whether children whose parents are missing are truly orphans. It is not uncommon in a catastrophic situation for parents to send their children out of the affected area, or to become separated during an evacuation. Even when children are indeed orphaned or abandoned by their parents, they are often taken in by other relatives. Staying with relatives in extended family units is generally a better solution than uprooting the child completely.

The United States Interests Section of the Swiss Embassy at Tehran has provided the following information regarding adoptions in Iran. The information is based on informal discussions with an adviser at the Nationality and Refugees Department of the Iranian Ministry of Foreign Affairs. In accordance with current Iranian practice, adoptions by parents residing outside of Iran are possible provided the adoptive parents are Iranian citizens and fulfill all the other required conditions for adoption. Applications from close family members have the greatest chance of being approved. Before an adoption can take place, strict rules are applied in order to protect the children and to establish the suitability of prospective adoptive parents. The process is complicated and time-consuming. Moreover, only the Iranian Welfare Organization and the appropriate court can decide each case on its own merits in the best interest of the child. Muslim children will be given exclusively to Muslim parents. Christian parents may adopt children of Christian denominations.

Iranians living abroad can file adoption applications through relatives living in Iran. Applications must be submitted to the Iranian Welfare Organization. After a child has been placed with a family, surveillance by Iranian authorities continues and periodic checks are made to ensure the child''s physical and mental well-being.

There are still ways in which U.S. citizens can help the children of Bam. Many nongovernmental organizations (NGOs) say that what is needed most at this time are financial contributions. Individuals who wish to assist can do the most good by making a financial contribution to an established NGO that will be well placed to respond to Iran’s most urgent needs.

The Red Cross is working through the International Committee of the Red Cross (ICRC) to provide humanitarian assistance in Iran. The Red Cross and ICRC do assessments to determine needs and use monetary donations where the need is the greatest. To contact them, call 1-800-HELP-NOW. There is no mechanism to direct money to a specific child or person. The website http://www.redcross.org/ has more information on directed contributions. The United States Agency for International Development (USAID) Web site, http://www.usaid.gov/iran, provides information on how individuals can assist.