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Difference between revisions of "Adopting from Germany"

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=Hague Convention Information=
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/flags/large/gm-lgflag.gif|410x579px|thumb|'''The official flag.'''<BR/>Source: cia.gov.}}
  
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Germany is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption([http://adoption.state.gov/hague_convention/overview.php Hague Adoption Convention]).  Intercountry adoption processing in Hague countries is done in accordance with the requirements of the 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 not generally considered a country of origin in intercountry adoption.  Only five German orphans have received U.S. immigrant visas since 2007.  The information provided is intended primarily to assist in rare adoption cases from Germany, including adoptions of German children by relatives in the United States, as well as adoptions from third countries by U.S. citizens living in Germany.
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/maps/gm-map.gif|410x579px|thumb|'''Map.'''<BR/>Source: cia.gov.}}
  
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/locator/eur/gm_large_locator.gif|410x579px|thumb|'''Map.'''<BR/>Source: cia.gov}}
  
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'''U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS'''
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{{#eimage:https://upload.wikimedia.org/wikipedia/commons/thumb/c/c7/Reichstag_building_Berlin_view_from_west_before_sunset.jpg/800px-Reichstag_building_Berlin_view_from_west_before_sunset.jpg|410x579px|thumb|'''The Reichstag Building in Berlin.'''<BR/>Source: Wikipedia.org}}
  
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{{#eimage:https://upload.wikimedia.org/wikipedia/commons/thumb/a/a1/K%C3%B6lner_Dom_nachts_2013.jpg/643px-K%C3%B6lner_Dom_nachts_2013.jpg|410x579px|thumb|''''''<BR/>Source: Wikipedia.org.}}
  
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To bring an adopted child to the United States from Germany, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can adopt under U.S. immigration law.  Additionally, a child must meet the definition of Convention adoptee under U.S. law in order to immigrate to the United States on an IH-3 or IH-4 immigrant visa.
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{{#eimage:https://upload.wikimedia.org/wikipedia/commons/thumb/d/d3/Stadtbild_M%C3%BCnchen.jpg/800px-Stadtbild_M%C3%BCnchen.jpg|410x579px|thumb|''''''<BR/>Source: Wikipedia.org}}
  
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=Who Can Adopt=
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{{#eimage:https://upload.wikimedia.org/wikipedia/commons/thumb/4/4b/Hacker-Pschorr_Oktoberfest_Girl.jpg/614px-Hacker-Pschorr_Oktoberfest_Girl.jpg|410x579px|thumb|'''Octoberfest girl.'''<BR/>Source: Wikipedia.org}}
  
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Who Can Adopt
 
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In addition to the U.S. requirements, Germany requires prospective adoptive parents to meet the following requirements in order to adopt a child from Germany:
 
  
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==Residency==
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'''Notice: As of July 14, 2014, all individuals and agencies facilitating [[international]] adoptions must be in compliance with the Intercountry [[Universal Accreditation Act]].'''
  
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There are no residency requirements to adopt a child from Germany. There is no restriction on the nationality or citizenship of the adopting parent. Germany allows non-Germans to adopt a German child. U.S. citizens who are resident in Germany may apply to adopt from other countries through the German intercountry adoption process.  These prospective adoptive parents may contact the relevant central authority for the area of their residence in order to initiate the process.
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The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.
  
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==Age of Adopting Parents==
 
  
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The minimum age for an adopting parent is 25 years old.  However, in the case of an adoption of a stepchild, the lower age limit of the adopting parent is 21 years.  There is no legal upper age limit of an adopting parent.  If a child is being adopted in Germany by foreign parents, the court has the right to take age restrictions in the laws of the parents’ home country into consideration.  Although there is no statutory limit, pursuant to a recommendation by the Federal Working Group of the State Youth Welfare Offices, the age gap between the adopting parents and the child being adopted should not be greater than 40 years.
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=About Germany=
  
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==Marriage==
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As Europe's largest economy and second most populous nation (after [[Russia]]), [[Germany]] is a key member of the continent's economic, political, and defense [[organizations]]. European power struggles immersed [[Germany]] in two devastating World Wars in the first half of the 20th century and left the country occupied by the victorious Allied powers of the US, UK, [[France]], and the Soviet Union in 1945. With the advent of the Cold War, two German states were formed in 1949: the western Federal Republic of [[Germany]] (FRG) and the eastern [[German Democratic Republic]] (GDR).  To learn more, please read [[About Germany]].
  
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Unmarried, single people, as well as one member of an unmarried heterosexual couple, can adopt a child in Germany.  Married couples can only adopt together as husband and wife, with the minimum age for one parent being 25 years old and the minimum age of the second parent being at least 21 years old.  Same-sex couples may register as a partnership, but partners cannot adopt jointly, as a married couple can.  However, one member of a registered partnership may adopt the biological child of his or her registered partner.  Also, one member of a registered partnership may adopt alone.
 
  
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==Income==
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=Hague Convention Information=
  
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N/A
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[[Germany]] is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry [[Adoption]]([http://adoption.state.gov/hague_convention/overview.php Hague Adoption Convention]).  For more information please read about [[Germany and the Hague Convention]].
  
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==Other==
 
  
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N/A
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=Who Can Adopt=
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Who Can [[Adopt]]
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In addition to the U.S. requirements, [[Germany]] requires prospective [[Adoptive Parents|adoptive parents]] to meet multiple requirements in order to [[adopt]] a child from [[Germany]].  To learn about these requirements please read [[Who Can Adopt from Germany]].
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=Who Can Be Adopted=
 
=Who Can Be Adopted=
  
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Because Germany is party to The Hague Adoption Convention, children from Germany must meet the [http://cfr.vlex.com/vid/204-301-definitions-286271915 requirements of the Convention] in order to be eligible for 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 Germany’s requirements, a child must meet the definition of Convention adoptee to be eligible for an immigrant visa that will allow you to bring him or her to the United States.
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Because [[Germany]] is party to The Hague [[Adoption]] Convention, children from [[Germany]] must meet the [https://vlex.com/] in order to be eligible for [[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.  To learn more please read [[Who Can Be Adopted from Germany]].
  
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'''ELIGIBILITY REQUIREMENTS:'''
 
  
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=How to Adopt=
  
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'''Relinquishment/Consent:''' The parents of the child must provide consent to the adoption; this consent cannot be accepted by the court if the child is less than eight weeks of age.  If the child is over eight weeks old and under the age of 14, the child’s legal guardian (sometimes, but not always, the parents) must also consent to the adoption on the child’s behalf.  If the child is over the age of 14, s/he must personally consent to the adoption, with the concurrence of his/her legal guardian.  In the case of children born out of wedlock, the biological father can surrender parental rights and consent to the adoption any time after conception and prior to the child’s birth.  In this case, the mother must still wait until the child is eight weeks old to consent to adoption. As an additional requirement in cases where the citizenship of the adopting parent and the child being adopted are different, this consent has to be approved by the family court.  However, it does not apply in the case of a domestic adoption subject to German law.
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'''WARNING:  [[Germany]] is party to the Hague [[Adoption]] Convention.  Do not [[adopt]] or obtain [[Legal Custody|legal custody]] of a child in [[Germany]] before a U.S. consular officer issues an “Article 5 Letter” in the case.  Read on for more information.'''
  
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'''Abandonment:'''  Consent is not required from a parent whose whereabouts are unknown (the court will determine the whereabouts unknown after six months of searching unsuccessfully).  In addition, the court may waive the need for parental consent in several circumstances, including those related to the parent’s treatment of the child and the parent’s mental capacity.
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==Adoption Authority==
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Ultimately, the courts will look at each case individually to determine if consent of a biological parent is needed.
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'''Age of Adoptive Child:''' A person can be adopted at any age.  Parents must wait until the child is eight weeks of age before consenting to adoption.  Adoption of a person who has reached age 18, the age of majority in Germany, must be justifiable. 
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'''[[Germany]]’s [[Adoption]] Authority'''
  
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'''Sibling Adoptions:'''  Sibling relationships are given consideration in adoption proceedings, but are considered on a case-by-case basis, with particular emphasis given to the positive or negative nature of the relationship between the siblings.
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There is no centralized court [[system]] governing [[adoption]] cases in [[Germany]].  However, adoptions are governed by federal law.
  
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'''Special Needs or Medical Conditions:'''  On a case-by-case basis, the court may require evidence that an adopting family is aware of and able to cope with a child’s special needs and may require families to submit to follow up assessment. 
 
  
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'''Waiting Period or Foster Care:'''  Typically, the child must live with the prospective adoptive parents for a probationary period prior to the court issuing the adoption order.
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==The Process==
  
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=How to Adopt=
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Because [[Germany]] is party to The Hague [[Adoption]] Convention, adopting from [[Germany]] must follow a specific process designed to meet the Convention’s requirements.  A brief summary of the Convention [[adoption]] process is given below.  You must complete these steps in the following order so that your [[adoption]] meets 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.
  
  
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==    Adoption Authority==
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# Choose a U.S. accredited or approved [[Adoption Service Provider|adoption service provider]]
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# Apply to USCIS to be found eligible to [[adopt]]
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# Be matched with a child by authorities in [[Germany]]. 
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# Apply to USCIS for the child to be found eligible for immigration to the United States and receive U.S. agreement to proceed with the [[adoption]]
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# [[Adopt]] (or Gain [[Legal Custody]] of child in [[Germany]]).
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# Obtain a U.S. immigrant visa for your child and bring your child home
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To learn more about this process please read [[How to Adopt from Germany]].
  
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==The Process==
 
  
 
=Traveling Abroad=
 
=Traveling Abroad=
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'''Applying for Your U.S. Passport'''
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U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport.  To learn more please read about [[Traveling Abroad in Germany]].
  
  
 
=After Adoption=
 
=After Adoption=
  
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'''Post-[[Adoption]]/Post-Placement Reporting Requirements'''
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While there are no post-[[adoption]]/post-placement reporting requirements in [[Germany]], the placing agency must offer consultation and support after the [[adoption]] is finalized upon the request of the adopting parents.  This may include, but is not limited to, the provision of contact information for and liaison with local and national [[adoption]] networks and support groups.  In general, the German authorities also encourage agencies to facilitate contact between adopting families and birth parents and assist with the provision of updates on the child’s development, pictures, etc. 
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'''Post-[[Adoption]] Resources'''
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Many [[Adoptive Parents|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.
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Here are some good places to start your support group search:
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[https://www.childwelfare.gov/pubs/f_postadoption.cfm Adoption Services Support Groups for Adopting Persons]
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[http://www.nacac.org/ North American Council on Adoptable Children]
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'''NOTE:''' Inclusion of non-U.S. Government links does not imply endorsement of contents.
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=Contact Information=
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'''U.S. Consulate General Frankfurt'''
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Immigrant Visa Unit
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Giessener Strasse 30
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60435 Frankfurt Am Main
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Tel: (069) 7535-0
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Internet: [http://frankfurt.usconsulate.gov/index.html U.S. Consulate General Frankfurt]
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'''[[Germany]]’s [[Adoption]] Authority'''
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Bundesamt für Justiz
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-Bundeszentralstelle für Auslandsadoption-
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Adenauerallee 99-103
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53113 Bonn
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Tel:  +49 22899 410-5414 or -5415
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Fax: +49 22899 410-5402
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E-mail:auslandsadoption@bfj.bund.de
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Website: [http://bundesjustizamt.de/auslandsadoption Germany's Adoption Authority]
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'''Embassy of [[Germany]]'''
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2300 M Street, NW, Suite 300
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[[Washington]], DC, 20037
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Tel:  (202) 298-4000
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Internet: [http://www.germany.info/relaunch/index.html Embassy of Germany]
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[[Germany]] also has consulates in:  Atlanta, Boston, Chicago, Houston, Los Angeles, Miami, [[New York]], and San Francisco.
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'''Office of Children’s Issues'''
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U.S. Department of State 
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CA/OCS/CI 
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SA-17, 9th Floor
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[[Washington]], DC 20522-1709
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Tel:  1-888-407-4747
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Email:  AdoptionUSCA@state.gov
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Internet:  [http://adoption.state.gov U.S. Department of State]
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'''U.S. Citizenship and Immigration Services (USCIS)'''
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For questions about immigration procedures:
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National Customer Service Center (NCSC)
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Tel:  1-800-375-5283 (TTY 1-800-767-1833)
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Internet:  [http://uscis.gov USCIS]
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For questions about filing a Form I-800A or I-800 petition:
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National Benefits Center
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Tel:  1-877-424-8374 (toll free); 1-816-251-2770 (local)
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Email:  NBC.Adoptions@DHS.gov
  
 
==SOURCE==
 
==SOURCE==
  
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'''Intercountry Adoption, Bureau of Consular Affairs.  U.S. Department of State Country Information'''
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'''Intercountry [[Adoption]], Bureau of Consular Affairs.  U.S. Department of State Country Information''' [[adoption]].state.gov/country_information/country_specific_info.php?country-select=[[germany]]
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[[Category: International Adoption]]

Latest revision as of 05:05, 17 June 2021

The official flag.
Source: cia.gov.

Map.
Source: cia.gov.

Map.
Source: cia.gov

The Reichstag Building in Berlin.
Source: Wikipedia.org

'
Source: Wikipedia.org.

'
Source: Wikipedia.org

Octoberfest girl.
Source: Wikipedia.org


Notice: As of July 14, 2014, all individuals and agencies facilitating international adoptions must be in compliance with the Intercountry Universal Accreditation Act.

The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.


About Germany

As Europe's largest economy and second most populous nation (after Russia), Germany is a key member of the continent's economic, political, and defense organizations. European power struggles immersed Germany in two devastating World Wars in the first half of the 20th century and left the country occupied by the victorious Allied powers of the US, UK, France, and the Soviet Union in 1945. With the advent of the Cold War, two German states were formed in 1949: the western Federal Republic of Germany (FRG) and the eastern German Democratic Republic (GDR). To learn more, please read About Germany.


Hague Convention Information

Germany is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(Hague Adoption Convention). For more information please read about Germany and the Hague Convention.


Who Can Adopt

Who Can Adopt In addition to the U.S. requirements, Germany requires prospective adoptive parents to meet multiple requirements in order to adopt a child from Germany. To learn about these requirements please read Who Can Adopt from Germany.


Who Can Be Adopted

Because Germany is party to The Hague Adoption Convention, children from Germany must meet the [1] in order to be eligible for 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. To learn more please read Who Can Be Adopted from Germany.


How to Adopt

WARNING: Germany is party to the Hague Adoption Convention. Do not adopt or obtain legal custody of a child in Germany before a U.S. consular officer issues an “Article 5 Letter” in the case. Read on for more information.

Adoption Authority

Germany’s Adoption Authority

There is no centralized court system governing adoption cases in Germany. However, adoptions are governed by federal law.


The Process

Because Germany is party to The Hague Adoption Convention, adopting from Germany must follow a specific process designed to meet the Convention’s requirements. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order so that your adoption meets 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.


  1. Choose a U.S. accredited or approved adoption service provider
  2. Apply to USCIS to be found eligible to adopt
  3. Be matched with a child by authorities in Germany.
  4. Apply to USCIS for the child to be found eligible for immigration to the United States and receive U.S. agreement to proceed with the adoption
  5. Adopt (or Gain Legal Custody of child in Germany).
  6. Obtain a U.S. immigrant visa for your child and bring your child home


To learn more about this process please read How to Adopt from Germany.


Traveling Abroad

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. To learn more please read about Traveling Abroad in Germany.


After Adoption

Post-Adoption/Post-Placement Reporting Requirements

While there are no post-adoption/post-placement reporting requirements in Germany, the placing agency must offer consultation and support after the adoption is finalized upon the request of the adopting parents. This may include, but is not limited to, the provision of contact information for and liaison with local and national adoption networks and support groups. In general, the German authorities also encourage agencies to facilitate contact between adopting families and birth parents and assist with the provision of updates on the child’s development, pictures, etc.


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. 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.


Here are some good places to start your support group search:


Adoption Services Support Groups for Adopting Persons

North American Council on Adoptable Children


NOTE: Inclusion of non-U.S. Government links does not imply endorsement of contents.


Contact Information

U.S. Consulate General Frankfurt

Immigrant Visa Unit Giessener Strasse 30 60435 Frankfurt Am Main Tel: (069) 7535-0 Internet: U.S. Consulate General Frankfurt


Germany’s Adoption Authority

Bundesamt für Justiz -Bundeszentralstelle für Auslandsadoption- Adenauerallee 99-103 53113 Bonn Tel: +49 22899 410-5414 or -5415 Fax: +49 22899 410-5402 E-mail:auslandsadoption@bfj.bund.de Website: Germany's Adoption Authority


Embassy of Germany

2300 M Street, NW, Suite 300 Washington, DC, 20037 Tel: (202) 298-4000 Internet: Embassy of Germany


Germany also has consulates in: Atlanta, Boston, Chicago, Houston, Los Angeles, Miami, New York, and San Francisco.


Office of Children’s Issues

U.S. Department of State CA/OCS/CI SA-17, 9th Floor Washington, DC 20522-1709 Tel: 1-888-407-4747 Email: AdoptionUSCA@state.gov Internet: U.S. Department of State


U.S. Citizenship and Immigration Services (USCIS)

For questions about immigration procedures:

National Customer Service Center (NCSC) Tel: 1-800-375-5283 (TTY 1-800-767-1833) Internet: USCIS


For questions about filing a Form I-800A or I-800 petition: National Benefits Center Tel: 1-877-424-8374 (toll free); 1-816-251-2770 (local) Email: NBC.Adoptions@DHS.gov

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information adoption.state.gov/country_information/country_specific_info.php?country-select=germany