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INTERCOUNTRY ADOPTION

ESTONIA


September 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.


PLEASE NOTE:   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 licensing office of the Department of Health and Family Services in the state where the agency is located.


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

Fiscal Year       Number of Immigrant Visas Issued

FY 2005                                13
FY 2004                                13
FY 2003                                13
FY 2002                                10
FY 2001                                10

According to the Estonian Family Law only those children whose parents are deceased or whose parents have had their parental rights taken away may be adopted. There are few such children and long waiting lists of Estonian families who by law take precedence.. According to the Estonian Children Protection Act:  Inter-country adoption shall occur primarily if it is not possible to care for the child to the necessary extent in the Republic of Estonia. 

ADOPTION AUTHORITY IN COUNTRY:
Consultant of the Office of Child Protection
Ministry of Social Welfare of the Republic of Estonia
Gonsiori 29, Room 217
15027 Tallinn, Estonia


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  An adopting parent should be at least 25 years old (in exceptional cases the Court may give permission to adopt to a younger person). A child may be adopted by a couple only if they are legally married (two people of the same sex cannot adopt in Estonia) and only with the written consent of his or her spouse.  An individual can adopt a child if he or she is not married.  According to the Family Law Act, adoption may be effected without consent of the other spouse if the conjugal relations of the spouses have terminated and they live apart.


RESIDENCY REQUIREMENTS:  There are no residency requirements for prospective adoptive parents in Estonia.


TIME FRAME:  The entire adoption process for a child in Estonia who will depart to live in the United States takes approximately one year, including matching child and prospective parents, documentation, and court hearing.


ADOPTION AGENCIES AND ATTORNEYS:  Prospective adoptive parents may contact the U.S. Embassy in Tallinn, Estonia for a list of adoption agencies that are allowed to operate in Estonia. Neither the U.S. Department of State, nor the U.S. Embassy in Tallinn, Estonia can make any claims as to efficacy or professionalism of this agency.Note: According to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (29 May 1993, Hague), each adopting parent or family will need to find an organization in their country of residence which is accredited to operate in Estonia. The Minister of Social Welfare and a commission will determine which agencies will be accredited to work in Estonia.


ADOPTION FEES IN COUNTRY: There is no adoption fee per se in Estonia. Court fees are approximately 10 U.S. dollars; new Estonian passports are approximately 25 dollars.


ADOPTION PROCEDURES:  Prospective adoptive parents interested in adopting a child in Estonia should send a letter to the Estonian Ministry of Social Welfare (MSW) through the adoption agency listed below indicating the sex and age of the child(ren) they would be interested in adopting. This letter should include information on the adoptive parents'' age and profession. Since foreign parents with Estonian background are given preference over foreigners with no Estonian heritage, adoptive parents should explain their ties to Estonia.

The MSW cautions that prospective adoptive parents should not visit orphanages to locate the child since it is unlikely that the child they choose will be permitted to be adopted by foreigners. According to the new adoption law, international adoptions may be processed through an adoption agency in the parents'' home country which has signed an agreement with the Ministry of Social Welfare.

Once prospective adoptive parents are approved for adopting in Estonia, the MSW places them on a list and begins the process of locating a suitable the child. This process can be lengthy (several years or more) as the number of children that can be adopted by foreigners is quite limited (only about 20 children a year). When the MSW finds a child that seems to meet the adoptive parents'' indicated desire, the MSW sends information about the child to the adoptive parents through the agency representing them in Estonia.

If the adoptive parents would like to proceed with the adoption of the specific, proposed child, they must send the MSW through the agency representing them in Estonia, a notarized application stating their request to adopt the child, indicating the child's first and last names. If the parents are not interested in the child the MSW proposes, they should notify the MSW and the MSW will continue searching for appropriate children. However, no more than three successive children will be offered to one prospective parent.  Estonian adoption law requires court approval of international adoptions and the adoptive parents' presence at the court hearing when the adoption is finalized. The Domiciliary County Government’s Children Protection Officer represents the child’s rights and will release the child into the adoptive parents' custody. After the adoption has been approved, the adoptive parents get the right to change the child's name.

After the child has been adopted under Estonian law, the U.S. Embassy in Tallinn will complete the Overseas Orphan Investigation. The Embassy in Tallinn will forward this investigation as well as the other adoption documents to the U.S. Embassy in Helsinki where the child's medical exam is performed and immigrant visa is issued. The medical exam can also be conducted in Tallinn, by the Embassy’s panel physician.  Prospective parents should contact the Embassies in Tallinn and Helsinki respectively in advance to schedule appointments for the Orphan Investigation and immigration processing.


DOCUMENTS REQUIRED FOR ADOPTION IN COUNTRY:  Prospective adoptive parents must send a letter of interest to the Ministry of Social Welfare (MSW) through their adoption agency. The MSW will inform prospective adoptive parents through the adoption agency to send the following documents which should also be translated into Estonian by a certified translator: 

1. Home study, reflecting the material ability of the prospective adoptive parents to bring up a child, their suitability as adoptive parents and a recommendation for adoption;
2. Medical examination results indicating the prospective adoptive parents'' state of health;
3. Documents pertaining to the financial condition of the prospective adoptive parents;
4. Marriage certificate (or photocopy);
5. Photocopies of the prospective adoptive parents'' passports;
6. Any other information the parents feel would be useful for the MSW to know, including family heritage, ties to Estonia, letters of reference, etc.
   

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


ESTONIAN EMBASSY AND CONSULATE IN THE US:
Embassy of Estonia
2131 Massachusetts Ave, NW
Washington DC 20008
Tel: (202)-588-0101
Fax: (202)-588-0108

Consulate General of Estonia:
600 Third Avenue, 26th Floor
New York, N.Y. 10016-2001, USA
phone. (+1 212) 883 06 36 
fax (+1 212) 883 06 48
e-mail: nyconsulate@nyc.estemb.org
http://www.nyc.estemb.org


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 Adoption. 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 “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 COUNTRY: 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. Embassy
Kentmanni 20
Tallinn, Estonia
Tel: 011-372- 668-8100
Fax: 011-372-668-8267
E-mail: ACSTallinn@state.gov


APPLYING FOR A VISA AT THE U.S. EMBASSY IN ESTONIA:  Immigrant visa processing for Estonian orphans is conducted at the U.S. Embassy in Helsinki, Finland.  Address:

U.S. Embassy Consular Section
Itainen Puistotie 14A
Helsinki, Finland
Tel: 011-358- 9-171931
Fax: 011-358- 0-174681
Email: ConsularHelsin@state.gov


NOTE:  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


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 Estonia may be addressed to the U.S. Embassy in Tallinn, Estonia or the U.S. Embassy in Helsinki, Finland.  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 Adoption 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/.

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