Travel.State.Gov > Intercountry Adoption > Country Information > Germany Intercountry Adoption Information
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Germany 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 Germany.
Germany is generally not considered a country of origin in intercountry adoption. The information provided below is intended primarily to assist in rare adoption cases from Germany. This information may also be useful to U.S. citizens living in Germany considering adoptions from Germany or other countries.
Note: If any of the following occurred prior to April 1, 2008, (the date on which the Hague Adoption Convention entered into force with respect to the United States), the Hague Adoption Convention may not apply to your adoption: 1) you filed a Form I-600A, Application for Advance Processing of an Orphan Petition, identifying Germany as the country where you intended to adopt and the approval is still valid; 2) you filed a Form I-600,Petition to Classify Orphan as an Immediate Relative, on behalf of a child from Germany, or 3) the adoption was completed. Under these circumstances, your adopted child’s adoption could continue to be processed as a non-Convention intercountry adoption, provided the child’s country of origin agrees. For more information, read about Hague Transition Cases. Please contact email@example.com with the details of the case if this situation applies to you.
To bring an adopted child to the United States from Germany, 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 Germany must meet the following requirements of Germany:
Because Germany is party to the Hague Adoption Convention, children from Germany 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 Germany have determined that placement of the child within Germany 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, a child must meet the following requirements of Germany:
Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are available 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 rarely 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 Germany before:
Germany’s Central Adoption Authority
There is no centralized court system governing adoption cases in Germany. However, adoptions are governed by federal law. The main point of contact is:
Bundesamt für Justiz
Bundeszentralstelle für Auslandsadoption
Tel: +49 22899 410-5414 or -5415
Fax: +49 22899 410-5402
Note: Special transition provisions may apply to adoptions initiated before April 1, 2008. Read about Hague Transition Cases.
Because Germany is party to the Hague Adoption Convention, adoptions from Germany 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 result in the child not being eligible for an immigrant visa to the United States.
Note: For residents of Germany who wish to adopt a child and remain in Germany, the process is different. Persons wishing to adopt a child in Germany should contact either one of the following institutions:
In addition, there are also a few private non-profit adoption agencies arranging non-international adoptions. Youth Welfare Offices (Landesjugendämter) provide contact information. The details of the Youth Welfare Offices can be found on the website of the German Central Authority according to the 1993 Hague Convention on International Adoption (www.bundesjustizamt.de/auslandsadoption, section “Anschriften”).
The first step in adopting a child from Germany is to select an adoption service provider in the United States that has been accredited or approved to provide services to U.S. citizens in Convention cases. 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. Your primary provider is responsible for:
Learn more about Agency Accreditation.
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, fingerprints, and a background check as part of this application. Read more about Suitability and Eligibility Requirements.
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 Germany as part of your adoption application. Germany’s adoption authority will review your application to determine whether you are also suitable and eligible to adopt under Germany’s law.
Receive a Referral for a Child from the Central Authority
If both the United States and Germany determine that you are suitable and eligible to adopt, and Germany’s Central Authority for Convention adoptions has determined that a child is available for adoption and that intercountry adoption is in that child’s best interests, the Central Authority for Convention adoptions in Germany may provide you with a referral for a child. 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 Germany will provide a background study and other information, if available, about the child to help you decide whether to accept the referral or not. We encourage families to consult with a medical professional and their adoption service provider to understand the needs of the specific child but family must decide for itself whether or not it will be able to meet the needs of, and provide a permanent home for, a specific child and must conform to the recommendations in the home study submitted to USCIS for 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 Germany. 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 a match with a 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 adopteeand will likely be eligible to enter and remain in 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. Consulate General in Frankfurt responsible for issuing immigrant visas to children from Germany.
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 Germany’s Central Authority in any intercountry adoption involving U.S. citizen parents and a child from Germany if all Convention requirements are met and the child appears eligible to immigrate to the United States. This letter will inform the Germany’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 (or obtain custody) of a child in Germany 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.
Remember: Before you adopt (or obtain legal custody of) a child in Germany, you must have completed the above four steps. Only after completing these steps can you proceed to finalize the adoption (or a grant of legal custody by Germany for the purposes of emigration and adoption).
The process for finalizing the adoption (or obtaining legal custody) in Germany generally includes the following:
Note: Additional documents may be requested.
Now that your adoption is complete (or you have obtained legal custody of the child for the purposes of emigration and adoption of the child in the United States), 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:
If you have finalized the adoption in Germany, you will first need to apply for a birth certificate for your child so that you can later apply for a passport.
If you have been granted 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.
Birth certificates are issued by the Standesamt (City Registrar) in the locality where the child was born. Adopting parents need to present the final adoption decree, their marriage certificate, and both of their birth certificates with the application. For any documents not originating in Germany, the document must bear an Apostille from Hague convention countries or an authentication from non-Hague countries. In all cases of unmarried couples, single parents or same-sex relationships documents requirements vary and should be verified with the local authorities prior to application.
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Germany.
German passports are issued by the Passstelle (Passport Branch) at the local Standesamt (City Registrar). To obtain a German passport, the adopting parents must present the final adoption decree, the child’s German birth certificate in his/her adoptive name, one biometric photograph of the child, and valid proof of identity for both parents. Both parents must provide written consent to the issuance of the passport until the age of 16. Any child over the age of 6 must also be present to be fingerprinted.
U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child, you also need to finalize your application for a U.S. visa for your child from the U.S. Consulate General in Frankfurt, Germany. After the adoption (or custody for purposes of emigration and adoption) is granted, visit the U.S Consulate 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. 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 provisional approval stage. Read more about the Medical Examination.
Before coming for your child’s immigrant visa interview, please be sure to 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 assigning 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. 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. Print and bring the DS-260 form confirmation page to the visa interview. 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.
Visa issuance after the final interview generally takes at least 24 hours. It is usually not possible to provide a visa on the same day as the immigrant visa interview. Adoptive parents should verify current processing times with the U.S. Consulate in Frankfurt before making final travel arrangements.
Child Citizenship Act
For adoptions finalized abroad prior to the child’s entry 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 entry into the United States if the child otherwise meets the requirements of the Child Citizenship Act of 2000, including the child is under the age of eighteen.
For adoptions finalized after the child’s entry into the United States: You will need to complete an adoption following your child’s entry 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.
Applying for Your U.S. Passport
U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport. Once your child has acquired U.S. citizenship, s/he will need a U.S. passport for any 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 Germany
In addition to a U.S. passport, you may also need to obtain a visa to travel abroad. Where required, visas are affixed to a traveler’s passport and allow him or her to enter a foreign nation. To find information about obtaining a visa for Germany, 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, unusual currency or entry requirements, and any areas of instability.
Staying in Touch on Your Trip
When traveling 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 Germany, 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 Germany, 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
Once an adoption order has been granted, you are legally the child’s parent with the same rights and responsibilities as if they were born to you. Post-adoption reporting requirements will be determined by a German local authority.
We urge you to comply with Germany’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 that Germany’s history of positive experiences with U.S. citizen adoptive parents.
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. 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.
Here are some places to start your support group search:
Note: Inclusion of non-U.S. government links does not imply endorsement of content.
If you have concerns about your adoption process, we ask that you share this information with the Consulate in Frankfurt, 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 petition process.
The Hague Complaint Registry is an internet based registry for filing complaints about U.S. accredited or approved adoption service providers. If you think your provider's conduct may have been out of substantial 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 Hague Complaint Registry.
U.S. Consulate General in Frankfurt, Germany
Immigrant Visa Unit
Giessener Strasse 30
60435 Frankfurt Am Main
Tel: (069) 7535-0
Germany’s Adoption Authority
Bundesamt für Justiz
Bundeszentralstelle für Auslandsadoption
Tel: +49 22899 410-5414 or -5415
Fax: +49 22899 410-5402
Embassy of Germany
2300 M Street, NW, Suite 300
Washington, DC 20037
Tel: (202) 298-4000
Germany also has consulates in: Atlanta, Boston, Chicago, Houston, Los Angeles, Miami, New York, and San Francisco.
U.S. Citizenship and Immigration Services (USCIS)
For questions about filing a Form I-800A application or a Form I-800 petition:
USCIS National Benefits Center (NBC):
Tel: 1-877-424-8374 (toll free); 1-913-275-5480 (local); Fax: 1- 913-214-5808
For general questions about immigration procedures:
USCIS Contact Center
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
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