Austria is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). Intercountry adoption processing in Convention countries must be done in accordance with the requirements of the Hague Adoption Convention; the U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA); the IAA’s implementing regulations and U.S. adoption-related immigration policies; as well as the implementing legislation and regulations of Austria. Please see below in the Who Can Adopt, Who can be Adopted, and How to Adopt sections for more detail on the intercountry adoption steps involving Austria.

Austria is generally not considered a country of origin in intercountry adoption. There are more prospective adoptive parents in Austria than there are eligible Austrian children. Therefore, intercountry adoption of a child resident in Austria to the U.S. is rare and would only occur under exceptional circumstances (such as familial relationship).

We are aware there are also prospective adoptive parents who reside abroad who wish to adopt a child from the United States. Please see our section on Adoptions from the United States for more information on the process for adopting a child from the United States.

In addition to being found suitable and eligible to adopt by USCIS, prospective adoptive parents (PAPs) seeking to adopt a child from Austria must meet the following requirements imposed by Austria: 

• Minimum Residency: None 
• Age of Adopting Parents: The minimum age for an adoptive parent is 25 years; the prospective adoptive parent must be older than the adoptee. There is no minimum age gap with the child and no legal upper age limit for an adoptive parent. 
• Marriage: By law, adoption is open to a single person as well as to one partner in an unmarried couple. If married, the couple must apply jointly to adopt. Single individuals and couples with children may apply but have less of a chance to adopt a child, although the law does not officially specify this. Relatives of deceased biological parents are given priority. 
• Minimum Income: None 
• Other requirements: Since 2016, same-sex couples in Austria have full adoption rights. Since 2009, same-sex couples have had the option of entering a “registered partnership”; a 2017 ruling by the Austrian Constitutional Court paved the way for gay marriage beginning January 2019. 

Because Austria is party to the Hague Adoption Convention, children from Austria must meet the requirements of the Convention in order to be eligible for intercountry adoption. For example, the adoption may take place only if the competent authorities of Austria have determined that placement of the child within Austria has been given due consideration and that an intercountry adoption is in the child’s best interests. 

In addition to qualifying as a Convention adoptee under U.S. immigration law, the child must also meet the following requirements imposed by Austria: 

• Eligibility for adoption: The competent district court granting the adoption will require declarations of consent from the birth parents of the child, from the spouse or registered partner of the adopter, from the spouse or registered partner of the adoptee, and from the adoptee (if older than 14 years). The adoptive parents must meet certain personal, social health, and economic conditions that are determined by the local youth welfare authority. 
• Age of Adoptive Child: No minimum or maximum age. Please note that for a child to meet the definition of Convention adoptee under U.S. immigration law, a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, must be filed on the child’s behalf while the child is under the age of 16 (or under the age of 18 if the child is the birth sibling of another adopted child who meets the age and other requirements to immigrate based on adoption by the same adoptive parent(s)). Please see the USCIS website and Form I-800 instructions for special rules on filing dates for children aged 15-16 or siblings aged 17-18. 
• Sibling Adoptions: No specific provision 
• Disabilities or Medical Conditions: No specific provision 
• Waiting Period or Minimum Time in Foster Care: Typically, the child must live with the prospective adoptive parents for a probationary period (usually six months) before the court issues an adoption order. 

Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are eligible for adoption. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when possible. In such cases, the birth parent(s) have not relinquished their parental rights or consented to the adoption of their child(ren). 

Warning: Do not adopt or obtain legal custody of a child in Austria before: 1) USCIS has approved your Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, 2) the Central Authority of Austria has determined the child is eligible for intercountry adoption, 3) USCIS has provisionally approved your Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, and 4) a U.S. consular officer has issued an “Article 5/17 Letter” in the case. Read on for more information.

Austria’s Central Adoption Authority
Federal Ministry of Justice

The Process
Because Austria is party to the Hague Adoption Convention, adoptions from Austria must follow a specific process designed to meet the Convention’s requirements. A brief summary of the U.S. Convention adoption process is provided below. You must complete these steps in the following order to meet all necessary U.S. legal requirements. Completing certain steps out of order may cause significant delays or result in the child not being eligible for an immigrant visa to the United States. 

1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider That Has Been Authorized by Austria’s Central Authority to Operate in Austria 
2. Apply to USCIS to be Found Suitable and Eligible to Adopt (Form I-800A) 
3. Apply to Austria’s Authorities to Adopt, and Be Matched with a Child 
4. Apply to USCIS for the Child to be Found Provisionally Eligible for Immigration to the United States as a Convention Adoptee (Form I-800) 
5. Apply for U.S. Visa and Receive U.S. Agreement to Proceed with the Adoption (Article 5/17 letter) 
6. Adopt the Child in Austria
7. Secure a U.S. Immigrant Visa if You Intend to Reside with Your Child in the United States
8. Obtain U.S. Citizenship for Your Child

1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider That Has Been Authorized by Austria’s Central Authority to Operate in Austria
The accredited agency or approved person you identify as the primary provider is responsible for: 

• Ensuring that all six adoption services defined at 22 CFR 96.2 are provided consistent with applicable laws and regulations. 
• Supervising and being responsible for any supervised providers, and otherwise complying with the requirements regarding the provision of adoption services using other providers (see 22 CFR 96.14); and
• Developing and implementing a service plan in accordance with 22 CFR 96.44. 

Only accredited agencies, approved persons, supervised providers, exempted providers, public domestic authorities, and public foreign authorities that have been authorized by the Government of Austria may provide adoption services in intercountry adoption cases. 

Learn more about Agency Accreditation.

2. Apply to USCIS to be Found Suitable and Eligible to Adopt
In order to adopt a child from Austria, you will need to meet the requirements of the Government of Austria and U.S. immigration law.

After you choose an accredited or approved adoption service provider, you must be found suitable and eligible to adopt by USCIS by submitting Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country. You will need to submit a home study, provide biometrics, and cooperate in a background check as part of this application. Please see USCIS webpages on suitability determinations and USCIS policy guidance on adoptive parent suitability determinations. Unless an exception applies, the home study must be prepared by a person who is authorized under 22 CFR 96 to prepare home studies and who holds any license or other authorization required by the law of the jurisdiction where the home study is conducted (unless a public domestic or public foreign authority). The home study must comply with the requirements in 8 CFR 204.311 and USCIS policy. 

3. Apply to Austria’s Authorities to Adopt, and be Matched with a Child

Submit Your Dossier to the Central Authority
After USCIS determines that you are suitable and eligible to adopt and approves the Form I-800A application, your adoption service provider will provide your approval notice, home study, and any other required information to the adoption authority in Austria as part of your adoption application. Austria’s adoption authority will review your application to determine whether you are also suitable and eligible to adopt under Austria’s law. 

Receive a Referral for a Child from the Central Authority
If both the United States and Austria determine that you are suitable and eligible to adopt, and Austria’s Central Authority for Convention adoptions has determined that a child is eligible for adoption and that intercountry adoption is in that child’s best interests, the Central Authority for Convention adoptions in Austria may provide you with a referral. The referral is a proposed match between you and a specific child based on a review of your dossier and the needs of the child. The adoption authority in Austria will provide a background study and other information, if available, about the child to help you decide whether to accept the referral. We encourage families to consider consulting with a medical professional and their adoption service provider to understand the needs of the specific child, but you must decide for yourself whether you will be able to meet the needs of and provide a permanent home for a specific child. You must also adhere to the USCIS suitability determination with respect to the number of children and capacity to deal with any special needs of an adoptive child. Learn more about Health Considerations. If you accept the referral, the adoption service provider communicates that to the Central Authority in Austria. Learn more about this critical decision.

4. Apply to USCIS for the Child to be Found Provisionally Eligible for Immigration to the United States as a Convention Adoptee and Receive U.S. Agreement to Proceed with the Adoption

Submit a Form I-800 Petition to Obtain Provisional Determination on the Child’s Immigration Eligibility
After you accept a match with a particular child, you will apply to USCIS for provisional approval for the child to immigrate to the United States by filing the Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. USCIS will make a provisional determination as to whether the child appears to meet the definition of a Convention Adoptee and will likely be eligible to be admitted to the United States. 

5. Apply for U.S. Visa and Receive U.S. Agreement to Proceed with the Adoption (Article 5/17 letter)
After provisional approval of the Form I-800 petition, you or your adoption service provider will submit a visa application to the consular section of U.S. Embassy Vienna responsible for issuing immigrant visas to children from Austria. Your child will need an immigrant visa if you intend to reside in the United States with your child. If instead you intend to continue residing overseas with your child but still seek naturalization of your child by application (Form N-600K), you will not need an immigrant visa, but you may need a different type of visa to complete that process. Please discuss this with the consular officer handling your case and consult the USCIS website for more information. 

You should receive a letter from the National Visa Center (NVC) confirming receipt of the provisionally approved Form I-800 petition and assigning a case number and an invoice ID number.  Use this information to log into the Consular Electronic Application Center (CEAC) to file the Electronic Immigrant Visa Application (DS-260) for your child. An adoptive parent should fill out these forms in your child's name.  Answer every item on the form. If information is not applicable, please write “N/A” in the block. Please review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact the NVC at NVCAdoptions@state.gov if you have questions about completing the online DS-260 form. A consular officer will review the provisionally approved Form I-800 petition and the visa application and, if applicable, advise you of options for the waiver of any ineligibilities related to the visa application.

The consular officer will send a letter (referred to as an “Article 5/17 Letter”) to Austria’s Central Authority in any intercountry adoption involving U.S. citizen parents and a child from Austria if all Convention requirements are met and the child appears eligible to immigrate to the United States. This letter will inform Austria’s Central Authority that the parents are suitable and eligible to adopt, that the child appears eligible to enter and reside permanently in the United States, and that the U.S. Central Authority agrees that the adoption may proceed. 

Warning: Do not attempt to adopt a child in Austria before you receive provisional approval of your Form I-800 petition AND a U.S. consular officer issues the “Article 5/17 Letter” for your adoption case.

Remember: The consular officer will make a final decision about a child’s eligibility for an immigrant visa later in the adoption process. 

6. Adopt the Child in Austria
Remember: Before you adopt a child in Austria, you must have completed the above five steps. Only after completing these steps can you proceed to finalize the adoption. 

The process for finalizing the adoption in Austria generally includes the following: 

• Role of Adoption Authority: Each of Austria’s nine State Governments has regional competence for its state and is responsible for overseeing intercountry adoptions from their respective state. Adoption services are provided by public youth welfare agencies; they are responsible for key aspects of the adoption process, including providing information to the district court on the prospective adoptive parents. (See Contact Information below under Austria’s Adoption Authority). 
• Role of the Court: The competent district court will issue a decree certifying the adoption contract, if it is satisfied that the adoption is in the best interest of the child. 
• Role of Accredited or Approved Adoption Service Providers: There is only one entity that has been authorized by Austria’s Central Authority to operate in the State of Vienna. The “Eltern für Kinder Österreich” association is an independent child and youth welfare organization and has been active in the field of “international adoption counselling and support” since 1991.

As noted above, any agency or person providing an adoption service on behalf of prospective adoptive parents in any Convention intercountry adoption case must be accredited or approved or be a supervised or exempted provider.

Adoption service means any one of the following six services, under 22 CFR 96.2 Definitions:

• Identifying a child for adoption and arranging an adoption
• Securing the necessary consent to termination of parental rights and to adoption
• Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study
• Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child
• Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or
• When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement 
  
  
• Adoption Application: The district court granting the adoption is the competent authority per Art. 23 of the Convention. 

• Time Frame: Intercountry adoptions in Austria may take approximately 12 months to complete (after a waiting period of two to three years minimum). This includes the six months during which the child lives with the adoptive parents while under the supervision of provincial adoption authorities, and an additional six months needed to complete the legal requirements. The competent court will issue a final adoption decree, and a new birth certificate for the child - with new name(s) - must be obtained from the competent Bureau of Vital Statistics.

• Adoption Fees: While there are no fees for the completion of the adoption, there are court fees, notary fees and fees in connection with the certification of the documents.

We encourage prospective adoptive parents to obtain detailed receipts for all fees and donations paid, either by them directly or through your U.S. adoption service provider, and to raise any concerns regarding any payment that you believe may be contrary to the Convention, U.S. law, or the law of Austria, with your adoption service provider, and, when appropriate, through the Complaint Registry. Improper payments violate applicable law or create the appearance of buying a child and could put all future adoptions in Austria at risk. The Foreign Corrupt Practices Act, for instance, makes it unlawful to make payments to foreign government officials to assist in obtaining or retaining business. Further, the IAA makes certain actions relating to intercountry adoptions unlawful, and subject to civil and criminal penalties. These include offering, giving, soliciting, or accepting inducement by way of compensation intended to influence or affect the relinquishment of parental rights, parental consent relating to adoption of a child, or a decision by an entity performing functions as a competent central authority, or to engage another person as an agent to take any such action.

In the adoption services contract that you sign at the beginning of the adoption process, your adoption service provider will itemize the fees and estimated expenses related to your adoption process.

Some of the fees specifically associated with adopting from Austria include:

Documents Required:

• Birth certificates of the child, the biological parents and the PAPs 
• Marriage certificates of the biological parents and the PAPs (if applicable) 
• Proof of residence of the biological parents and the PAPs 
• Proof of citizenship of the child, the biological parents and the PAPs 
• Consent from the biological parents and the siblings (if applicable) 
• Power of attorney from the biological parents 

 Note: Additional documents may be requested. 

• Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. The U.S. Department of State’s Authentications Office has information on the subject. 

7. Secure a U.S. Immigrant Visa for Your Child If You Intend to Reside with Your Child in the United States
Once your adoption is complete, there are a few more steps to take before your child can enter the U.S. Specifically, the consular officer will need to issue a Hague Adoption Certificate and grant final approval of the Form I-800 petition. Then you will need to obtain three documents before you secure a visa so your child can travel to the United States: 

Birth Certificate
You will need to obtain a new or updated birth certificate for your child. 

If you have finalized the adoption in Austria, you will need to obtain a new birth certificate for your child with your name on it.

If you have been granted legal custody for the purposes of emigration and adoption of the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name. 

Austrian Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Austria. 

Austrian passports are issued by the passport offices located throughout Austria (‘Bezirkshauptmannschaft’ in political districts and ‘Magistrat’ in municipalities). Personal appearance for all applicants, including babies and children, is mandatory. The final adoption decree is the key document. The passport (cost is approx. $95) will be returned within five working days to the applicant’s mailing address via registered mail. 

U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child, you will then need to apply for a U.S. immigrant visa for your child from U.S. Embassy Vienna if you intend to bring your child to reside in the United States with you. After the adoption is granted, visit U.S. Embassy for a final review of the case the issuance of a U.S. Hague Adoption Certificate, the final approval of the Form I-800 petition, and, if applicable, to obtain your child’s immigrant visa. This immigrant visa allows your child to travel home with you and be admitted to the United States as your child. Please contact U.S. Embassy Vienna by email at embassy@usembassy.at to schedule your child’s immigrant visa appointment. As part of this process, you must provide the consular officer with the Panel Physician’s medical report on the child if you did not provide it during the Form I-800 provisional approval stage. Read more about the Medical Examination. 

You will have already completed an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC) after receiving a letter from the National Visa Center (NVC) confirming receipt of the provisionally approved Form I-800 petition and assignment of a case number and an invoice ID number. Print and bring the DS-260 confirmation page to the visa interview. Review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact NVC at NVCAdoptions@state.gov if you have questions about completing the online DS-260 form.

Upon receipt of the case at post, the Consular Section generally notifies the petitioner. Visa issuance after the final interview generally takes 24 hours. It is not usually possible to provide the visa to adoptive parents on the same day as the immigrant visa interview. You should verify current processing times with the U.S. Embassy in Vienna before making final travel arrangements. Additional information on immigrant visa processing can be found on our website. 

If you will reside outside the United States with your child, you should contact the Central or competent authority where you reside for additional information about how to bring your child to that country.

8. Obtain U.S. Citizenship for Your Child
If you obtain an immigrant visa for your child, USCIS will mail your child either a permanent resident card (green card), or a Certificate of Citizenship, after your child enters the United States. If you plan to reside outside the United States with your child (and, therefore, may not benefit from an immigrant visa for your child), please see the relevant section below.

For adoptions finalized abroad before the child’s admission into the United States: A child who was adopted abroad and has satisfied Immigration and Nationality Act (INA) 101(b)(1)(E), INA 101(b)(1)(F), or INA 101(b)(1)(G) requirements, who is residing in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence generally will acquire U.S. citizenship after admission if the child is under the age of 18 when these conditions are met.

Depending on the visa your child receives, their age, and the other INA 320 requirements, you may not need to take any additional action for your child to acquire U.S. citizenship. However, if your child does not meet the requirements of INA 320 at the time of admission into the United States, you may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met. More information is available on the USCIS website. 

If you reside outside the United States with your child, you may file a Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322 with USCIS to obtain a Certificate of Citizenship for your child if your child satisfies the requirements of INA 322.

Note: If you are a military service member or U.S. government employee who chooses to seek an immigrant visa for your child versus completing the Form N-600K process, you may need to use Form N-600 to apply for a Certificate of Citizenship. Please note, however, that USCIS cannot mail Certificates of Citizenship abroad for children who acquire citizenship under INA 320.

Read more about INA 320 and 322 in the USCIS Policy Manual and USCIS website U.S. Citizenship for an Adopted Child.

Applying for Your U.S. Passport

U.S. citizens are required to enter and depart the United States on a valid U.S. passport. Once your child acquires U.S. citizenship, s/he will need a U.S. passport for international travel. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. 

Getting or renewing a passport is easy. The Department of State’s Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place. 

Obtaining a Visa to Travel to Austria

In addition to a U.S. passport, you may also need to obtain a visa. Where required, visas are affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Austria, see the Department of State’s country page. 

Staying Safe on Your Trip

Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The Department of State provides country information for every country in the world about various issues, including health conditions, crime, currency or entry requirements, and any areas of instability. 

Staying in Touch on Your Trip 

When traveling abroad during the adoption process, we encourage you to enroll with the Department of State through our Smart Traveler Enrollment Program (STEP) to receive important information from the U.S. Embassy about safety conditions in your destination country. Enrollment makes it possible for U.S. Embassy Austria, to contact you in an emergency, whether natural disaster, civil unrest, or family emergency. Whether there is a family emergency in the United States or a crisis in Austria, enrollment assists the U.S. Embassy or Consulate in reaching you. 

Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP). 

We urge you to comply with Austria’s post-adoption/post-placement requirements in a timely manner. Your adoption service provider may be able to help you with this process. Your cooperation will contribute to Austria’s positive experiences with U.S. citizen adoptive parents. 

Post-Adoption Resources

Many adoptive parents find it important to find support after the adoption. There are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. You may wish to take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services. Your primary provider can provide or point you to post- placement/post-adoption services to help your adopted child and your family transition smoothly and deal effectively with the many adjustments required in an intercountry adoption.

The U.S. Department of Health and Human Services maintains a website, the Child Welfare Information Gateway, which can be a useful resource to get you started on your support group search. 

COMPLAINTS

If you have concerns about your intercountry adoption process, we ask that you share this information with U.S. Embassy Vienna, particularly if it involves possible fraud or misconduct specific to your child’s case. The Department of State takes all allegations of fraud or misconduct seriously. Our Adoption Comment Page provides several points of contact for adoptive families to comment on their adoption service provider, their experience applying for their child’s visa, or about the Form I-800/A petition process. 

The Complaint Registry is an internet-based registry for filing complaints about the compliance of U.S. accredited or approved adoption service providers with U.S. accreditation standards. If you think your provider's conduct may not have been in compliance with accreditation standards, first submit your complaint in writing directly to your provider. If the complaint is not resolved through the provider's complaint process, you may file the complaint through the Complaint Registry.

U.S. Embassy in Austria
Boltzmanngasse 16
A-1090 Vienna
Tel.: (+43-1) 31339-0
Fax: (+43-1) 310 06 82
E-mail: embassy@usembassy.at 
Internet: at.usembassy.gov

Austria’s Adoption Authority
Federal Ministry of Justice
Museumstr. 7
A-1070 Vienna
Austria
Telephone: +43(0)1-52152-0
Fax: +43(0)1-52152-2829
E-mail: team.z@bmj.gv.at 
Internet: bmj.gv.at

Embassy of Austria 
3524 International Court, NW 
Washington, D.C. 20008 
Tel: (202) 895.6720 
Fax: (202) 895.6773 
Email: consularsection@austria.org 
Internet: austria.org

Austria also has consulates in: New York; Los Angeles 

Office of Children’s Issues
U.S. Department of State
CA/OCS/CI
SA-17, 9^th Floor
Washington, D.C. 20522-1709
Tel: 1-888-407-4747
Email: Adoption@state.gov
Internet: adoption.state.gov

U.S. Citizenship and Immigration Services (USCIS)

For questions about a pending Form I-800A application, Form I-800 petition or related supplements: 

USCIS
Tel: 1-877-424-8374 (toll free); 1-913-275-5480 (local); Fax: 1-913-214-5808
Email: NBC.Adoptions@uscis.dhs.gov

For other USCIS-related questions: 
USCIS Contact Center 
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
Internet: uscis.gov