Reissued with obsolete COVID-19 page links removed.
Exercise normal precautions in Austria.
Read the country information page for additional information on travel to Austria.
If you decide to travel to Austria:
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); and the IAA’s implementing regulations; as well as the implementing legislation and regulations of 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 (familial relationship); the eligibility and suitability of prospective parents is assessed on a case- by-case basis by the local youth welfare authorities, acting under the authority and according to the instructions of the competent provincial governments.
To bring an adopted child to the United States from Austria, you must meet certain suitability and eligibility requirements. USCIS determines who is suitable and eligible to adopt a child from another country and bring that child to live in the United States under U.S. immigration law.
Additionally, a child must meet the definition of a Convention adoptee under U.S. immigration law in order to be eligible to immigrate to the United States with an IH-3 or IH-4 immigrant visa.
In addition to being found suitable and eligible to adopt by USCIS, prospective adoptive parents seeking to adopt a child from Austria must meet the following requirements imposed by Austria:
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:
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).
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 Convention adoption process is provided below. You must complete these steps in the following order to meet all necessary legal requirements. Adoptions completed 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: There is only one entity 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) and Receive U.S. Agreement to Proceed with the Adoption (Art. 5/17 letter)
5. Adopt the Child in Austria
6. Apply for a U.S. Immigrant Visa for Your Child and Bring Your Child Home
1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider
The first step in adopting a child from Austria is to select an adoption service provider in the United States that has been accredited or approved to provide intercountry adoption services to U.S. citizens. A primary provider must be identified in each Convention case and only accredited or approved adoption service providers may act as the primary provider in your case. Unless a public domestic authority is providing all adoption services in your case, a primary provider is required in every intercountry adoption case. Your primary provider is responsible for:
For more information on primary providers and the UAA, please see Universal Accreditation Act of 2012. 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. Read more about Suitability and Eligibility Requirements. 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 must comply with the requirements in 8 CFR 204.311.
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 recommendations in the home study submitted to USCIS 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 Petition for a Determination on the Child’s Immigration Eligibility
After you accept being matched 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.
Submit an Immigrant Visa Application
After provisional approval of Form I-800 petition, you or your adoption service provider will submit a visa application to the consular section of the U.S. Embassy in Vienna responsible for issuing immigrant visas to children from Austria.
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 or +1-603-334-0700 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, advises 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 the 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 of 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.
5. Adopt the Child in Austria
Remember: Before you adopt a child in Austria, you must have completed the above four 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:
Unless a public domestic authority is providing all adoption services in your case, there must be a U.S. accredited or approved adoption service provider acting as the primary provider in every case. Also, any agency or person providing an adoption service on behalf of prospective adoptive parents in any Convention or non-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:
o Identifying a child for adoption and arranging an adoption;
o Securing the necessary consent to termination of parental rights and to adoption;
o Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study;
o Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child;
o Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or
o 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. 22 CFR 96.2 Definitions.
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.
o Birth certificates of the minor child, the biological parents and the PAPs
o Marriage certificates of the biological parents and the PAPs (if applicable)
o Proof of residence of the biological parents and the PAPs
o Proof of citizenship of the minor child, the biological parents and the PAPs
o Consent from the biological parents and the siblings (if applicable)
o Power of attorney from the biological parents
Note: Additional documents may be requested.
6. Apply for a U.S. Immigrant Visa for Your Child and Bring Your Child Home
Once your adoption is complete, there are a few more steps to take before your child can head home. Specifically, you need to apply for three documents before your child can travel to the United States:
Birth Certificate
You will need to obtain a birth certificate for your child.
If you have finalized the adoption in Austria, you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate.
Birth certificates are issued by the Bureau of Vital Statistics (Standesamt) in the locality where the child was born. Adoptive parents need to present the final adoption decree and additional documents, such as birth certificates and marriage certificates.
Foreign/Austrian Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Austria/Foreign nationality passport.
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 5 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 need to apply for a U.S. immigrant visa for your child from the U.S. Embassy in Vienna. After the adoption is granted, visit the U.S Embassy for a final review of the case, and if applicable, the issuance of a U.S. Hague Adoption Certificate or Hague Custody Certificate, the final approval of the Form I-800 petition, and 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 the U.S. Embassy in 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.
Before coming for your child’s immigrant visa interview, please complete an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC). You should receive 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. You will need this information to log into CEAC to file the DS-260 for your child. You 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. 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 or +1-603-334-0700 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.
Child Citizenship Act
For adoptions finalized abroad prior to the child’s admission into the United States: An adopted child 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 automatically upon admission into the United States if the child otherwise meets the requirements of the Child Citizenship Act of 2000, including that the child is under the age of eighteen.
For adoptions finalized after the child’s admission into the United States: You will need to complete an adoption following your child’s admission into the United States and before the child turns eighteen for the child (if he or she otherwise meets the requirements of the Child Citizenship Act of 2000) to automatically acquire U.S. citizenship.
Read more about the Child Citizenship Act of 2000.
TRAVELING ABROAD
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 Specific Information.
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-Specific 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 Embassy about safety conditions in your destination country. Enrollment makes it possible for the U.S. Embassy or Consulate in 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).
AFTER ADOPTION
Post-Adoption/Post-Placement Reporting Requirements
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 the Embassy in 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.
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 Specific Information.
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-Specific 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 Embassy about safety conditions in your destination country. Enrollment makes it possible for the U.S. Embassy or Consulate in 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).
Post-Adoption/Post-Placement Reporting Requirements
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 the Embassy in 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, 9th 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 filing a Form I-600A application or a Form I-600 petition:
USCIS National Benefits Center (NBC):
Tel: 1-877-424-8374 (toll free); 1-913-275-5480 (local); Fax:1-913-214-5808
Email: NBC.Adoptions@uscis.dhs.gov
For questions about filing a Form I-600A application or a Form I-600 petition with a USCIS international field office:
Please visit http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices and select the appropriate office.
For general questions about immigration procedures:
USCIS Contact Center
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
Internet: uscis.gov
You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State.
Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. If you wish to remain on travel.state.gov, click the "cancel" message.
You are about to visit:
