INTERCOUNTRY ADOPTION


LITHUANIA



May 2008


DISCLAIMER:  The following is intended as a general guide to assist U.S. citizens who plan to adopt a child from a foreign country.  Three sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the eligibility of individual children for adoption, as well as the adoption of children in that country in general; 2) the laws of the adoptive parents’ state of residence establish qualifications they must meet in order to adopt; and 3) U.S. immigration law governs the immigration of the child to the United States.  In addition, the Hague Convention on Intercountry Adoption, to which the United States became a party on April 1, 2008, establishes legal and regulatory requirements for intercountry adoption. 

The adoption of children from countries that are party to the Hague Convention must follow the procedures outlined by the Convention, and its U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA).  More information on the IAA and the Convention can be found at www.travel.state.gov on the Children and Family pages on intercounry adoption.

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 HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:

Lithuania is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) and with which the Convention is in force for the United States .  


TRANSITION CASES:   Under U.S. law, an adoption case involving a Convention country already in process on April 1, 2008 when the Convention entered into force with respect to the U.S. did not/not change into a Hague case on that date. These transition cases will continue to be processed in accordance with the immigration regulations for orphan adoptions which were in effect at the time the case was filed, explained in the State Department Flyer “How Can Adopted Children Come to the United States ”.

If the Application for Advance Processing of an Orphan Petition (I-600A) or Petition to Classify an Orphan as an Immediate Relative (I-600) was filed before April 1, 2008, then the Convention and the IAA will not apply to that case.  The Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS) considers a case properly filed when USCIS receives an application or petition along with any required filing fee.  The filing date is stamped on the application or petition to show the time and date of actual receipt.   For further information on transition cases, please see the FAQs: Transition Cases and the Hague Adoption Convention.   


 PLEASE NOTE:  Two U.S. embassies play complementary roles in the immigrant visa process for Lithuanian citizens, including adopted orphans.  The U.S. Embassy in Warsaw, Poland ultimately issues all immigrant visas for citizens and residents of Lithuania .  The U.S. Embassy in Vilnius, Lithuania conducts the mandatory I-604 Orphan Investigation interview for all orphan cases.


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

27

FY 2006

14

FY 2005

26

FY 2004

29

FY 2003

15



ADOPTION AUTHORITY IN LITHUANIA :

The State Child Rights Protection and Adoption Service
Ministry of Social Security and Labour:
Sodu g. 15
LT-03211 Vilnius, Lithuania
Tel: 370-5-231-0928
Fax: 370-5-231-0927
Web Site: www.ivaikinimas.lt
E-mail: info@ivaikinimas.lt



ELIGIBILITY TO ADOPT: There must be a minimum of 18 years’ difference between adoptive parents and child. Adoptive parents generally cannot be over the age of 50.  In rare instances, the courts may allow a family with one parent over the age of 50 to adopt a child over the age of eight.  In addition, intercountry adoption of Lithuanian children is generally restricted to married couples.  A single parent may be considered in exceptional cases when 1) the individual has been the foster parent of the particular child to be adopted, 2) the child has extremely serious health problems and no married couple wishes to adopt the child, or 3) the child is eight years of age or older and unable to be placed with another family.

The Government of Lithuania publishes a list of medical conditions that would disqualify a prospective adoptive parent from adopting in Lithuania .  The list is maintained on the State Child Rights Protection and Adoption Service website and includes: dipsomania (alcoholism), drug addiction "absent steady remission," mental diseases (not specified), AIDS, HIV positive status, infectious tuberculosis, chronic kidney insufficiency when dialysis is obligatory, Alzheimer's disease, Huntington's chorea, amyotrophic lateral sclerosis (ALS or Lou Gehrig's disease), epilepsy with mental and personality changes, multi-system degeneration and third or fourth stage cancers.


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


TIME FRAME: Once a family is approved to adopt, it can take several years for a child eligible for intercountry adoption to be matched with prospective adoptive parents’ preferences.  After a referral has been made and accepted, an adoption petition can be filed with the court.  There is a 40-day waiting period from the time when the court issues the final approval of adoption until it comes into force.


ADOPTION AGENCIES AND ATTORNEYS: The U.S. Embassy in Lithuania maintains a list of local attorneys.  Neither the U.S. Department of State nor the U.S. Embassy in Vilnius can make any claims as to the efficacy or professionalism of these attorneys.  The Lithuanian government requires that all foreign adoption agencies seeking Lithuanian children be officially registered with the State Child Rights Protection and Adoption Service of Lithuania.  A comprehensive list of fees for services is part of the registration process. The Lithuanian State Child Rights Protection and Adoption Service has a cooperative agreement with several overseas adoption agencies. The current list is available at the Lithuanian State Child Rights Protection and Adoption Service's web site at http://www.ivaikinimas.lt.  Under current regulations, authorized foreign adoption organizations are able to present adoption applications for a child or children under six years old from not more than two foreign families or persons in one calendar year.

The only category from which foreign nationals may adopt an unlimited number of children is those with special needs.  Sixteen foreign adoption organizations currently have authorization to operate in Lithuania , and as of August 1, 2006, no more foreign agencies’ applications are being accepted.

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 authority in the U.S. state where the agency is located or licensed.  Please also see Important Notice Regarding Adoption Agents and Facilitators at the Department of State, Bureau of Consular Affairs web site travel.state.gov.

Because Lithuania is a Convention country, adoption services must be provided by an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider. These terms are defined in 22 CFR Part 96 and explained in the Department’s website Brochure for Prospective Adoptive Parent(s).  For purposes of this document, accredited agencies, temporarily accredited agencies, and approved persons are referred to with the shorthand term “accredited adoption service providers.”

It is essential that prospective adoptive parent(s) seeking to adopt from a Convention country use an accredited adoption service provider.  The Department maintains a current list of accredited adoption service providers.  The list of accredited adoption service providers is also provided on the website of the Hague Permanent Bureau at www.hcch.net.


ADOPTION FEES IN LITHUANIA : There is a 100 Litas (roughly $42) filing fee with the court for the adoption hearing.  Prospective adoptive parents can expect to pay adoption agencies for services rendered.  Reliable information on the total average cost of an adoption from Lithuania is not available at this time.

The U.S. Embassy in Lithuania discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in Lithuania at risk.


ADOPTION PROCEDURES: According to Lithuanian 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, by law, Lithuanian families interested in adopting are given precedence.

Prospective adoptive parents should complete the initial stages of the international adoption process in the United States , including filing form I-800A with USCIS, as this documentation is required to complete processing with the Lithuanian government.    Prospective adoptive parents should then send a letter to the State Child Rights Protection and Adoption Service at the address listed above describing the sex and age of the child(ren) they are interested in adopting.  This letter should include information about the prospective adoptive parents’ ages and professions.  Since foreign parents of Lithuanian heritage are given preference over foreigners with no Lithuanian heritage, prospective adoptive parents should describe any family ties to Lithuania .   The following documents must accompany the letter:

  1. Information letter introducing the prospective adoptive parents (issued by the Central governmental authority or accredited adoption association);
  2. Copy of the home study (the report of the socio-psychological study);
  3. Permit for adoption issued by a competent authority of the receiving State;
  4. Confirmation of a competent authority of the receiving State that the adopted child will be permitted to enter the country for permanent residence;
  5. Copies of prospective adoptive parents’ passports or other personal identification documents;
  6. Copies of birth certificates;
  7. Copy of the marriage certificate, divorce certificate (if divorced), or death certificate of the spouse (if widowed);
  8. Health certificates;
  9. Certificates of the family’s financial standing (income received and assets owned);
  10. Criminal record certificates;
  11. Health certificates and copies of birth certificates of children residing together with prospective adoptive parents.

If a family applies through an accredited adoption agency, the following documents also must be submitted:

  1. Power of attorney issued by the family to the agency;
  2. Document issued by a competent authority of the receiving State, certifying the authority of the agency to engage in intercountry adoption.

All documents must be legalized and translated into Lithuanian.  The translations must be notarized.

The State Child Rights Protection and Adoption Service cautions prospective adoptive parents not to visit orphanages to locate a child since it is quite possible that a child they choose will not be available for intercountry adoption.

The State Child Rights Protection and Adoption Service places foreign families approved to adopt in Lithuania on a waiting list according to the date of submission of the complete set of documents.  The agency then attempts to locate a child who seems to meet the prospective adoptive parents’ stated preferences.  It can take several years to match a child with foreign adoptive parents.  Foreigners interested in adopting are notified on a first-come, first-served basis by the State Child Rights Protection and Adoption Service about children available for adoption through the agents that represent them.  The State Child Rights Protection and Adoption Service provides the U.S. prospective adoptive parents a report about the child being referred for adoption, including information about the child’s background, health condition, biological parents, etc.  The State Child Rights Protection and Adoption Service issues special permission to citizens of foreign countries to meet with the child proposed for adoption.  If the prospective adoptive parents accept the referral, i.e. agree to adopt the proposed child, they inform the State Child Rights Protection and Adoption Service, which then has the final decision about any adoption.

Once the prospective adoptive parents have decided to proceed with the adoption, they or their representative must submit a request for an adoption hearing to the Vilnius District Court.  A filing fee of 100 Litas (roughly $42) must be paid in advance at any branch of HansaBankas.  The letter requesting a hearing must provide the following information:

  1. Full names and addresses of the prosepective adoptive parents;
  2. Names and addresses of the Lithuanian state representative in charge of the orphanage or institution where the child resides;
  3. Statement regarding why they want to adopt a child;
  4. Statement as to whether the child is to be their stepchild  (in cases where a foreigner wishes to adopt a child of his/her spouse in Lithuania or adoptive child);
  5. New name to be given to the adoptive child;

This letter must also be accompanied by the following documents:

  1. Affidavit from the birth parent(s) surrendering all rights to the child, if there are surviving biological parents OR a Lithuanian court decision regarding termination of parental rights;
  2. Statement from the institution responsible for the child agreeing to the adoption;
  3. Financial statement of the adoptive parents indicating that they are financially able to provide for the child;
  4. Copy of the home study (updated by the authority or accredited adoption association that prepared the original home study);
  5. Health certificates;
  6. Certificates of the family’s financial standing;
  7. Criminal record certificates;
  8. Original birth certificate of the child;
  9. Filing fee receipt.

The request should be sent to the Vilnius District Court:

Chairman, Civil Cases Department,
Vilnius District Court,
Gedimino 40/1
Telephone: (370-5) 261-4923. 

Parents are also responsible for forwarding copies of these documents to the representative or local official in charge of the orphanage or institution where the child to be adopted resides.  After the Chairman of the Vilnius District Court verifies that all the documents are in order, he assigns the case to one of the Vilnius District Court judges for final review.  The assigned judge will set a court date.  Lithuanian law requires that both prospective adoptive parents appear in person at a court hearing to approve an intercountry adoption. 

After the judge approves the adoption there is a 40-day waiting period before the adoption is final.  Until the adoption is final, the adopted child remains in the custody of the institution where he/she resided prior to the hearing -- although special permission may be granted in some cases for the child(ren) to reside with the adoptive parents in Lithuania .

Upon completion of the 40-day waiting period, the adoptive parents must then present the original Adoption Decree and the child’s original birth certificate to the Vilnius Civil Registry Office, Kalinausko Street #21, Room 8, together with their passports and marriage certificate, in order to obtain a new birth certificate and adoption certificate.  If only one parent appears, s/he must present a Power of Attorney from his/her spouse.  Both parents may also authorize a third party to appear on their behalf provided both have signed a Power of Attorney giving that person the authority to do so.  

After the adoption is final, the parents must obtain a Lithuanian passport for their child.  A Lithuanian passport may be obtained from the local migration office where the child was residing before the adoption.  Adoptive parents will need four photos of the child according to strict government requirements for the passport.  The passport can take from 1-15 days depending on the method of issuance the parents choose.  Most passports issued outside the Vilnius area take at least 3 days with express processing.  The fee for regular passport processing, which takes three to four weeks, is about $42.  For a five-day turnaround, the fee is $55 and for next-day service it is $68.   The child must be present while the adoptive parents submit the passport application.  At least one of the adoptive parents must sign the passport application.  When applying for the child’s new passport, the adoptive parents must present the following documents:

  1. Copies of the adoptive parents’ passports;
  2. Copy of the consent to adoption by the biological parents, copy of the biological parents’ death certificates, or copy of the court’s judgment regarding the declaration of the biological parents as legally incapable or the restriction of the parents’ authority for an unlimited period;
  3. Copies of the child’s original and new birth certificates;
  4. Copy of the child’s birth entry;
  5. Copy of the Mayor’s decree regarding the temporary guardianship of the child or the court’s judgment regarding the establishment of permanent guardianship for the child;
  6. Banker’s receipt certifying the payment of the fee.


DOCUMENTS REQUIRED FOR ADOPTION IN LITHUANIA :

  1. Prospective adoptive parents must a send a letter of interest to the Lithuanian State Child Rights Protection and Adoption Service, through their adoption agency, asking to be placed on the waiting list to adopt a child;
  2. Any other information the parents feel would be useful for the State Child Rights Protection and Adoption Service to know, including family heritage, ties to Lithuania, letters of reference, etc;
  3. Copy of the home study, reflecting the material ability of the prospective adoptive parents to raise a child, their suitability as adoptive parents, and a recommendation that they be permitted to adopt;
  4. Medical examination certifying the prospective adoptive parents’ state of health;
  5. Copy of marriage certificate;
  6. Prospective adoptive parents’ birth certificates;
  7. Certificate of Eligibility to Adopt issued by the State Child Rights Protection and Adoption Service;
  8. Photocopies of the biographic pages of the prospective parents’ passports;
  9. Financial statements showing income of prospective adoptive parents; 
  10. Police certificates from local police for both prospective adoptive parents;
  11. Copies of birth certificates of both prospective adoptive parents;
  12. Copy of approved I-800A, issued by DHS.

Each original document has to be translated and carry an apostille (as defined by The Hague Convention of October 5, 1961). Translations of original documents must be notarized.


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  For more information on authenticating U.S. documents to be used abroad, please see the Judicial Assistance section of our website.

 

LITHUANIAN EMBASSY IN THE UNITED STATES:

Embassy of the Republic of Lithuania     
2300 Clarendon Boulevard, Suite 302
 Arlington, VA 22201
Tel: (202) 234-5860
Fax: (202) 328-0466
Web Site:  www.ltembassyus.org
E-mail: info@ltembassyus.org  

Lithuania also has consulates in Chicago and New York .

 

U.S. IMMIGRATION REQUIREMENTS:  As of April 1, 2008, U.S. citizens wishing to adopt in a Convention country must begin the process by filing with the U.S. Citizenship and Immigration Services (USCIS) a form I-800A Application for Determination of Suitability to Adopt a Child from a Convention Country.  Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, USCIS website to download forms and filing instructions.


U.S. EMBASSY IN LITHUANIA : 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 , 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

Akmenu 6
Vilnius, Lithuania
Tel:  011-370-5-266-5500
Fax: 011-370-5-266-5590
E-mail:  consec@state.gov
Website:    http://vilnius.usembassy.gov/service.html


ORPHAN INVESTIGATION AT U.S. EMBASSY IN VILNIUS, LITHUANIA :  In order for the U.S. Embassy in Vilnius to complete the I-604 Report on Overseas Orphan Investigation, the following documents (originals or certified copies) are required:

  1. Original birth certificate of child;
  2. Death certificate(s) of the child’s biological parent(s), if applicable;
  3. Parental affidavit surrendering all rights to the child, if applicable;
  4. If father is “unknown,” a statement to that effect by a competent authority;
  5. Court order on parental rights termination, if applicable;
  6. Final adoption decree signed by the district court;
  7. New birth certificate(s) of the child;
  8. Adoption certificate(s);
  9. Child’s Lithuanian Passport;
  10. Document confirming validity of adoptive parents’ fingerprint clearances;
  11.   Home study or other document confirming age, gender, and number of child(ren) recommended for adoption by adoptive parents.

All Lithuanian documents required to prove that the child is an orphan and has been legally adopted must be translated into English and notarized.  A list of qualified translators is available from the U.S. Embassy in Vilnius .   If more than one child is being adopted, make sure there are separate copies of all necessary documents for each child.

A consular officer must also see the child in person in order to complete the I-604 Report.  All questions concerning these documents and the completion of the I-604 Report should be addressed to the Consular Section of the U.S. Embassy in Vilnius .

American and Lithuanian citizens do not need visas to travel to Poland .  The adoptive child, however, must travel on his/her Lithuanian passport.


APPLYING FOR A VISA AT THE U.S. EMBASSY IN WARSAW, POLAND :  Immigrant visas for Lithuanian citizens, including adopted orphans, are issued at the U.S. Embassy in Warsaw, Poland .

Adoptive parents should contact the consular section at the U.S. Embassy in Warsaw by telephone at (48)(22) 625-1401 to schedule the visa interview.  The embassy requires three working days’ advance notice for all appointments. Visas cannot be issued outside of working hours. 

For additional information applying for the immigrant visa, please also visit the web site for the U.S. Embassy in Poland at http://poland.usembassy.gov/poland/adoptions.html .

Note: Please also do not plan to depart from Warsaw the same day as the interview. 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 -- Consular Section
IV Unit/Adoptions
Ul. Piekna 12
00-540 Warsaw, Poland
Tel: (011 48 22) 625-1401 or 504-2000
Fax:(011 48 22) 504-2039
E-mail: adoptwrw@state.gov
Website:  http://poland.usembassy.gov

The Embassy in Warsaw accepts payment of the visa fees in cash both in U.S. dollars or Polish currency.

Medical Examinations:  Immigrant visa applicants from Lithuania may obtain their medical examination in Vilnius before travel to Warsaw .  The U.S. Embassy panel physician in Lithuania is Dr. Richard Cervin located at Gedimino Pr. 1-19, telephone number (370) (5) 261-3534.  The cost of the medical exam is USD $120.00 for children under 15 years of age.  Medical examinations may also be completed in Warsaw, Poland .  Adoptive parents should contact the Consular Section in Warsaw at 011 (48) (22)625-1401 for information on physicians who are authorized to perform immigrant visa medical examinations in Poland , and the fees they charge for the examination. 

ACQUIRING U.S. CITIZENSHIP:  Please see the Child Citizenship Act of 2000 for further information on acquisition of U.S. citizenship for adopted children.


ADDITIONAL INFORMATION:

  • U.S. Department of State Office of Overseas Citizens Services - For information on intercountry adoption and international parental child abduction, and security information for U.S. citizens traveling abroad, call Toll Free 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. EST/EDT, 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 - For information on immigrant visas for adopted orphans, call (202) 663-1225. Press 1 for additional information on visas, and press 0 to speak to a Visa Information Officer, available 8:30 a.m.  - 5:00 p.m. EST/EDT, Monday through Friday (except Wednesdays 11 a.m. - 12:00 noon)
  • U.S. Citizenship and Immigration Services (USCIS) - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
  • National Visa Center (NVC) Public Inquiries (603) 334-0700, Email: nvcinquiry@state.gov.
  • 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 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.
  • USCIS web site