INTERCOUNTRY ADOPTION


MONGOLIA

 

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: The U.S. Embassy in Ulaanbaatar does not process immigrant visas at this time.  After the adoption is completed, adoptive parents must take their child to the U.S. Embassy in Seoul, South Korea for immigrant visa processing and the orphan visa interview. 


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

Fiscal Year       Number of Immigrant Visas Issued

FY 2006                                     28
FY 2005                                     19
FY 2004                                     23
FY 2003                                     34
FY 2002                                     13


ADOPTION AUTHORITY IN MONGOLIA:  The government offices responsible for adoptions in Mongolia are the Ministry of Social Welfare and Labor of Mongolia (MSWL) and the Office of Immigration, Naturalization and Foreign Citizens.
 
Ministry of Social Welfare and Labor of Mongolia (MSWL)
Mailing Address:
United Nations Street 5
UB-46
Government Building No 2
Ministry of Social Welfare and Labor
Tel: 976-11-267635
Fax: 976-11-327635
Fax: 976-11-328634
Website: http://www.mswl.pmis.gov.mn
E-mail: sbaigalmaa@mswl.pmis.gov.mn

Office of Immigration, Naturalization and Foreign Citizens, Ministry of Justice and Home Affairs
Mailing Address:
Chinggis Avenue 11
Sukhbaatar District, Ulaanbaatar 210628
Ms. Purevee Bolormaa
Tel: 976-11-319588
Tel: 976-11-315323
Fax: 976-11-313259
Website: http://www.mngimmigration.mn
E-mail:  immigration_mn@yahoo.com

The Mongolian and U.S. authorities involved in the adoption and immigration process review each case individually to ensure that the child and the prospective adoptive family have met both countries’ legal requirements.


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: The Mongolian embassy in Washington, D.C., has a web page devoted to the eligibility requirements for adopting Mongolian children.  American citizens considering adopting from Mongolia should visit the Mongolian embassy’s adoption page at:
http://www.mongolianembassy.us/eng_consular_and_visa/child_adoption.php


RESIDENCY REQUIREMENTS: There are no residency requirements for prospective adoptive parents who apply through agencies authorized by the Mongolian Government. However, Mongolian Family Law does require persons adopting privately (i.e., not through an agency) to reside in Mongolia for at least six months. (See the “Adoption Procedures” section below for an explanation of the two different ways in which an American family might adopt a Mongolian child.)


TIME FRAME: It is hard to predict with certainty how much time is required to complete an adoption in Mongolia. The time frames provided in this flyer are intended as guidelines only, and the specific circumstances of each case can significantly impact the length of the process.

As of March 2007, adoption procedure takes approximately twelve to eighteen months from the time the U.S. adoption agency or private U.S. citizens submitted the paperwork to MSWL to the time the MSWL gives it for final approval to the Office of Immigration, Naturalization and Foreign Citizens.

In order to finalize the adoption, at least one adopting parent must travel to Mongolia to execute the required documents in person before the appropriate Mongolian authorities. This applies to adoptive parents going through one of the licensed agencies as well as those doing private adoptions.


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.

Although the Government of Mongolia currently permits private adoptions, there has been some discussion of prohibiting these in the near future.  Adoptive parents using an agency must use one of the Mongolian Government-approved adoption agencies. 

The U.S. Department of State does not assume any responsibility for the quality of services provided by these private adoption agencies or their employees.


ADOPTION FEES IN MONGOLIA: There are no Mongolian government fees for adoption. Prospective adoptive parents can expect to pay notary fees and/or fees for translation of documents.


ADOPTION PROCEDURES: 

Private adoptions: Foreign citizens who have resided in Mongolia for more than six months shall apply directly to the Ministry of Social Welfare and Labor (MSWL) about his/her request to adopt a Mongolian child. The MSWL is the Central Authority in Mongolia. The Department of Population Development, Social Welfare Policy and Coordination within the MSWL accepts all necessary documentation for adoption (see section on “Documents required for adoption in Mongolia) including a residency permit and/or work permit.  This process generally takes between three and six months, although it has sometimes taken longer depending on the MSWL’s workload.  While Mongolian law does not currently require a home study, in practice the MSWL has recently been requiring home studies.  The U.S. Embassy in Mongolia believes that the home study requirement will be formalized in the future. 

The MSWL checks all documents and proposes a child for adoption. Once the prospective parents agree to the adoption, the case goes to the Office of Immigration, Naturalization and Foreign Citizens for final decision, which takes approximately one month.

Licensed Adoption Agency:  The first step for a family residing in the United States is to apply to one of the Mongolian Government-approved U.S. adoption agencies (listed above) for a home study.  Adoption agencies gather documents from prospective parents and present them to the MSWL.  Based on the home study, the MSWL will propose a child with whom to match the prospective parents.  The adoption agency then presents the documentation to the Office of Immigration, Naturalization and Foreign Citizens for final approval.  This process normally takes approximately one month.

Both Processes:  Parents who have adopted a child (either independently or through an adoption agency) must register their adoption to the State and Civil Registration and Information Center (SCRIC), which then issues a birth certificate and adoption decree. The parent must be present at the registration.


DOCUMENTS REQUIRED FOR ADOPTION IN MONGOLIA: For a list of document required by the government of Mongolia please see Article 58.3 of Mongolian family law available at: http://www.mongolianembassy.us/eng_consular_and_visa/child_adoption.php
 

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.


MONGOLIAN EMBASSY AND CONSULATE IN THE UNITED STATES:
Embassy of Mongolia, Washington, D.C.
2833 M Street, N.W.
Washington D.C. 20007
Web: http://www.mongolianembassy.us/
E-mail: esyam@mongolianembassy.us

Permanent Mission of Mongolia to the United Nations in New York
6 East 77th Street,
New York, N.Y. 10021
Web: http://www.un.int./mongolia
E-mail: mongolia@un.int


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. EMBASSY IN MONGOLIA:  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:

Embassy of the United States of America, Ulaanbaatar, Mongolia
11 Micro District
Big Ring Road, POB 1021
Ulaanbaatar-13, Mongolia
http://www.ulaanbaatar.usembassy.gov
E-mail: cons@usembassy.mn


OBTAINING A U.S. IMMIGRANT VISA FOR AN ADOPTED MONGOLIAN CHILD:  The U.S. Embassy in Ulaanbaatar, Mongolia, does not process U.S. immigrant visas.  The U.S. Embassy in Seoul, South Korea, handles most immigrant visa applicants from Mongolia, including adopted children.  After the adoption of the orphan is completed in Mongolia and the prospective adoptive parents take custody of the child, they must travel to Seoul for immigrant visa processing.

Important Note:  A Mongolian government determination that a particular Mongolian child is eligible for intercountry adoption will not necessarily mean that the child will be eligible for a U.S. immigrant visa.  Prospective adoptive parents should work closely with their adoption agency to ensure that the child they are trying to adopt will meet the U.S. legal criteria to qualify for an immigrant visa.

Typically, once the prospective adoptive parents of a Mongolian child have received approval by USCIS of a Form I-600A Application for Advance Processing of Orphan Petition, that approved application will be forwarded to the U.S. Embassy in Seoul.  After adoption formalities are completed in Mongolia (see above), the adoption agency informs the U.S. Embassy in Seoul that the child’s immigrant visa case should be scheduled within the next few weeks.   The Embassy’s Petition-based Visa Unit (PVU) will fix an appointment date for same-day processing of the I-600 Petition to Classify Orphan as Immediate Relative (handled by USCIS Seoul) and the actual immigrant visa application (handled by PVU).  The adoption agency will then apply for a Mongolian passport for the child and inform PVU of the passport number, and PVU will fax the Korean Embassy in Ulaanbaatar to request that the child be issued a Korean entry visa so that s/he can travel to Seoul with the adoptive parents for the immigrant visa appointment.  PVU will also send an application checklist, instructions and forms to the adoptive parents to help them prepare for that appointment.  Included in this packet will be instructions for the medical examination of the child to be done by an Embassy-authorized panel physician in either Ulaanbaatar or Seoul.

Embassy of the United States of America, Seoul, South Korea
32 Sejong-Ro, Jongno-gu
Seoul, Korea
Tel: 011-82-2-397-4114
Fax: 011-82-2-738-8845
Web: http://usembassy.state.gov/seoul
Email: seouliv@state.gov

Mailing Address from the U.S. (domestic rates apply):
Embassy of the United States of America, Seoul, South Korea
Unit 15550
APO AP 96205-5550
USA

In most cases, the petition and visa application will be adjudicated by the U.S. Embassy in Seoul the same day in order that the actual visa will be available for pickup the following business day.  Please note, however, that both USCIS and the Department of State are obliged under law to find unqualified applicants ineligible for U.S. immigration benefits and to refer such unapprovable immigrant petitions or visa applications to appropriate U.S. government agencies for review.  No interim visa is available under such circumstances.


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 Mongolia may be addressed to the U.S. Embassy in Ulaanbaatar.  Questions about the immigrant visa process for Mongolian children should be directed to the U.S. Embassy in Seoul.  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/.