INTERCOUNTRY ADOPTION



October 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.

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 NOTE: In order to adopt a child in Australia, you must be an Australian citizen and reside in Australia.


PATTERNS OF IMMIGRATION:  Recent U.S. immigrant visa statistics indicate that no orphans from Australia have received an adoption-based immigrant visa within the past five years.


AUSTRALIAN ADOPTION AUTHORITY:  Each state and territory in Australia has its own adoption authority and criteria for applicant selection.  A list of those authorities is provided below.

Australian Capital Territory
Department of Family Services
P.O. Box 1584
Tuggerunong, ACT 2901
Australia
Tel: 61 2 6207 1335
Web: http://www.decs.act.gov.au

New South Wales
Adoption and Permanent Care Services
Department of Community Services
P.O. Box 3485
Parramatta, NSW 2124
Australia
Tel: 61 2 8855 4900
Web: http://www.community.nsw.gov.au/adoption/adoption.htm

Northern Territory
 Family and Children’s Services Adoption Unit
Department of Health and Community Services
Shop 9, Ground Floor
Casuarina, NT 0810
Tel: 61 8 8922 7077
Web: http://www.nt.gov.au/health/comm_svs/facs/adoption.shtml

Queensland
Local and Post Adoption Services Unit
Department of Communities
GPO Box 806
Brisbane, QLD 4001
Australia
Tel: 61 7 3324 7415
Web: http://www.childsafety.qld.gov.au/adoption

South Australia
Department of Family and Youth Services
GPO Box 292
Adelaide, SA 5001
Australia
Tel: 61 8 8207 0060
Web:  http://www.adoptions.sa.gov.au/

Tasmania
Department of Health and Human Services
Adoption and Information Services
GPO Box 538
Hobart, TAS 7001
Australia
Tel: 61 3 6222 7373
Web: http://www.dhhs.tas.gov.au/

Victoria
Department of Human Services
520 Bourke Street, Level 20
Melbourne, QLD 3000
Australia
Tel: 61 3 8608 5709
Web: http://www.dhs.vic.gov.au/icas

Western Australia
Department of Family and Children’s Services
189 Royal Street
East Perth, WA 6004
Australia
Tel: 61 8 9222 2555
Web: http://www.community.wa.gov.au/


AGE AND CIVIL STATUS REQUIREMENTS:  Prospective adoptive parents must be at least 21 years of age, irrespective of the state or territory from which they are trying to adopt.  However, specific requirements beyond this minimum age vary among the states and territories.  Information about specific requirements is available from the various authorities identified above.


RESIDENTIAL REQUIREMENTS:  Australia requires prospective parents to be Australian citizens resident in the state/territory from which they hope to adopt.  Information about residency in Australia may be obtained from the Australian Embassy in Washington, DC, or from any Australian consulate.


TIME FRAME FOR ADOPTIONS:  For local adoptions in New South Wales (i.e., for a child born and surrendered in NSW) the approximate time frame is between 1 and 1 ½ years, depending on demand.  For details on other Australian states, prospective adoptive parents should contact the adoption authority in that state.


ADOPTION AGENCIES AND ATTORNEYS:  Each state and territory has a list of adoption agencies and attorneys working within its jurisdiction.  Prospective adoptive parents seeking the services of an agency or attorney should obtain a list from the local authority for that state/territory. 

The U.S. Embassy in Canberra maintains lists of attorneys by region in Australia which are available at:  http://canberra.usembassy.gov/consular/attorneys.html.   These lists does not constitute a recommendation of any specific attorneys’ services, and the Consulate General cannot make recommendations of attorneys Americans may locate privately. 


ADOPTION FEES:  Adoption costs, like most aspects of adoptions in Australia, vary by location.  As an example, however, the U.S. Embassy notes that local adoptions in the state of New South Wales cost approximately AUD$3,600 (Australian dollars).    


AUSTRALIAN ADOPTION PROCEDURES:  The process of adoption is frequently lengthy and requires a firm commitment of both time and resources.  The procedures in most Australian states and territories are similar to those described below for New South Wales.  However, prospective adoptive parents should consult with local authorities, agencies, and/or attorneys for the most complete and up-to-date details for a specific location.

The first step is to purchase an Adoption Information Package from the local adoption authority.  The cost is AUD$40.  This package is also found at http://www.community.nsw.gov.au/documents/adoption_infopack_form.pdf.  Prospective adoptive parents should read the material in the Adoption Information Package and, if they are still interested in pursuing the adoption of an Australian child, complete the “Expression of Interest” form included in the package and submit it to the local state territorial adoption authority.

As children become available for adoption, the local authority will select prospective adoptive parents based on the submitted “Expression of Interest” forms.  Selected applicants will be invited to attend an Adoption Preparation Seminar.  After completing the seminar, applicants may submit a formal adoption application.  The application forms will be provided at the conclusion of the seminar.

Persons interested in special needs children (i.e., children with significant physical and/or intellectual disabilities, children who present behavioral or emotional challenges) should make this known to the local adoption authority.


AUSTRALIAN DOCUMENTARY REQUIREMENTS:  As such requirements will vary by location, the best source of this information is the local state/territorial adoption authority.


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.state.gov/m/a/auth/.


AUSTRALIAN EMBASSY IN THE UNITED STATES:

The Embassy of Australia
1601 Massachusetts Avenue, NW
Washington, DC 20036
phone: (202) 797-3000
fax: (202) 797-3209
email: http://www.austemb.org/

Australia also maintains Consulates General and Consulates in Atlanta, Boston, Denver, Honolulu, Los Angeles and San Francisco.




U.S. IMMIGRATION REQUIREMENTS:  Prospective adopting parents are strongly encouraged to consult the Department of Homeland Security Citizenship and Immigration Service website, 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 Department of State, Bureau of Consular Affairs web site travel.state.gov .


U.S. CONSULATES IN AUSTRALIA: 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:

     U.S. CONSULATE GENERAL SYDNEY:
     U.S. Consulate General, Sydney
     Level 59 MLC Centre,
     19-29 Martin Place
     Sydney, NSW 2000
     Australia
     Telephone: 61 2 9373 9200
     E-mail: sydneyacs@state.gov.au
     Website: http://sydney.usconsulate.gov

The U.S. also has consular representatives in Canberra, Melbourne, and Perth.


APPLYING FOR A VISA AT THE U.S. CONSULATE GENERAL IN SYDNEY:   When the prospective adoptive parents have received the appropriate petitions, they should contact the Immigration Visa (IV) Unit at the Consulate General in Sydney and request a “Packet 3”.  “Packet 3” consists of Forms DS-230 Parts I & II (Application for Immigrant Visa and Alien Registration), DS-2001 (Notification of Applicant Readiness), and a list of physicians who may conduct a required medical examination. 

Upon receipt of a completed “Packet 3,” an interview will be scheduled.  In general, the interview will be scheduled within four to six weeks.

Visas for eligible applicants are generally issued the business day following the interview.  Visas may also be mailed back to the applicant at an Australian address if the family is unable to remain in Sydney until the following business day. 

The Immigration Visa (IV) unit is open to the public for inquiries on Thursdays from 8:00 a.m. to 11:45 a.m., excluding U.S. and local public holidays.  Parents of adoptive children may visit the Consulate in Sydney during these hours or email the IV Unit at sydneyiv@state.gov.  Alternatively, they may send written correspondence to the office at the above address


NOTE: Visas for eligible applicants are generally issued the business day following the interview. 


ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under re view. 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 Australia may be addressed to the U.S. Consulate General in Sydney at the address provided above.  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://www.uscis.gov/portal/site/uscis.