INTERCOUNTRY ADOPTION



April 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: There are few Austrian children eligible for intercountry adoption. Prospective adoptive parents must be legal residents of Austria.

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

Fiscal Year

Number of Immigrant Visas Issued

FY 2005

0

FY 2004

0

FY 2003

0

FY 2002

2

FY 2001

0

ADOPTION AUTHORITY IN AUSTRIA: The government offices responsible for adoptions in Austria are the nine provinces, including the City of Vienna.

Vienna:
Magistrat der Stadt Wien
Magistratsabteilung 11 (Jugendamt)
Ruedengasse 11
1030 Vienna, Austria

Burgenland:
Amt der Burgenländischen Landesregierung,
Abteilung VIII/I (Jungendwohlfahrt)
Landhaus
7000 Eisenstadt, Austria

Carinthia:
Amt der Kärntner Landesregierung
Abteilung 13 (Jugendwohlfahrt)
Arnulfplatz 2
9020 Klagenfurt, Austria

Lower Austria:
Amt der Niederösterreichischen Landesregierung,
Abteilung VIII/2, Jugendfürsorge,
Hohenstaufengasse 6
1014 Vienna, Austria

Upper Austria:
Amt der Oberösterreichischen Landesregierung,
Abteilung Jugendwohlfahrt,
Altstadt 30
4020 Linz, Austria

Salzburg:
Amt der Salzburger Landeregierung,
Abteilung 3 (Jugendwohlfahrtspflege)
Chiemseehof
5010 Salzburg, Austria

Styria:
Amt der Steiermärkischen Landesregirung,
Rechtsabteilung 9 (Fürsorge/Jugendwohlfahrt)
Hofgasse 12
8011 Graz, Austria

Tyrol:
Amt der Tiroler Landesregierung
Abteilung Vb (Jugendwohlfahrtswesen)
Maria-Theresien-Strasse 43
6020 Innsbruck, Austria

Vorarlberg:
Amt der Vorarlberger Landesregierung
Abteilung IVa (Soziales, Familie und Jugend)
Landhaus
6900 Bregenz, Austria

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: The Austrian government prefers that the prospective adoptive parents be married, although the law does not officially specify this. If married, the couple must apply jointly. If not married, only one of the potential adoptive parents (if applicable) may apply. The adopting father must be at least 30 years old and the adopting mother 28 years old. If the adoptive parents already have children of their own (either biological or adopted), they may have less of a chance to adopt. The adoptive parents must also meet certain personal, social, health, and economic conditions determined by the court. Finally, the adoptive parents must have no criminal record.

RESIDENCY REQUIREMENTSA: The adoptive parents need to be legal residents of Austria.

TIME FRAME: Austrian adoptions take about 12 months to complete. This includes the 6 months during which the child lives with the adoptive parents while under the supervision of provincial adoption authorities and an additional 6 months needed to complete legal requirements.

ADOPTION AGENCIES AND ATTORNEYS: There are adoption agencies and attorneys specialized in adoption cases in Austria. A list of attorneys specializing in family law is available at the U.S. Embassy home page at http://www.usembassy.at/.

Please see Important Notice Regarding Adoption Agents and Facilitators at our Web site travel.state.gov.

ADOPTION FEES IN AUSTRIA: Prospective adoptive parents can expect to pay notary fees and that of any attorney selected. There are court costs (approximately $60) and an adoption contract of a similar amount to be paid in connection with an adoption.

ADOPTION PROCEDURES: If the child is legitimate, the adopting parent(s) must enter into a contract with the child’s biological father (if contact can be made). This contract must contain certain legal requirements, including both the birth parent’s consent. If the child is an orphan or illegitimate child, his/her legal guardian must sign the adoption contract. In addition, the child's mother (again, if contact is possible) must give her written consent to the adoption, unless she herself signed the adoption contract as legal guardian of the child. All signatures on the adoption contract as well as the biological mother's signature on her consent to the adoption must be notarized either by an Austrian notary public (within Austria) or by a notary public outside of Austria whose signature is authenticated via the "apostille" procedure. A fact sheet outlining this latter procedure may be accessed on Internet at http://www.HCCH.net (Hague Legalization Convention.)

If the court is satisfied that the adoption would be in the best interest of the child, it issues a decree (Beschluss) certifying the adoption contract. This decree makes the adoption final and legally valid, and a new birth certificate for the child giving any new name(s) may be obtained from the appropriate Bureau of Vital Statistics (Standesamt). If the court does not approve the adoption, the contract is void.

Although it is possible for this entire process to be carried out by the prospective parents or parent alone, it may be advisable to engage the assistance of a local Austrian attorney.

DOCUMENTS REQUIRED FOR ADOPTION IN AUSTRIA: The adoption contract and the mother's release are submitted to the appropriate Austrian court with a petition for certification (Bestätigung).

The court may require evidence of the adopting parent's financial status.

The court may also require a "home study" in the United States or at the place of residence abroad through an appropriate agency.

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/.

AUSTRIAN EMBASSY AND CONSULATES IN THE UNITED STATES:

Austrian Embassy
3524 International Court
Washington D.C. 20008
Phone: 202-895-6711
Fax: 202-895-6773
Web site: http://www.austria.org/

Austria also has consulates in Chicago, Los Angeles, and New York. 

US IMMIGRATION REQUIREMENTS

Prospective adoptive 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.

APPLYING FOR A VISA AT THE U.S. EMBASSY IN AUSTRIA: Prospective adoptive parents should contact the U.S. Embassy in Vienna for specific procedures when they are applying for intercountry adoption in Austria.  

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

U.S. EMBASSY IN AUSTRIA: 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:

American Embassy
Consular Section
Parkring 12a, A-1010 Vienna
Tel: [43] (1) 31339-7532
Fax: [43] (1) 512 58 35
Internet: http://www.usembassy.at

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 Austria may be addressed to the U.S. Embassy in Vienna. 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 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 flier. 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/.