Difference between revisions of "How to Adopt from Israel"

Revision as of 06:17, 3 February 2015

The Church of the Holy Sepulchre.
Source: Wikipedia.org.

Adoption Authority

Israel's Adoption Authority

The Central Agency for International Adoption, managed by Ms. Orna Hirshfeld, is the national adoption authority. Ms. Nehama Tal has been assigned to be the inspector on international adoption.

The Process

Because Israel is party to the Hague Adoption Convention, adopting from Israel 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.

NOTE: If you filed your I-600a with Israel before April 1, 2008, the Hague Adoption Convention may not apply to your adoption. Your adoption could continue to be processed in accordance with the immigration regulations for non-Convention adoptions. Learn more.

1. Choose an Accredited Adoption Service Provider
2. Apply to be Found Eligible to Adopt
3. Be Matched with a Child
4. Apply for the Child to be Found Eligible for Immigration to the United States
5. Adopt the Child (or Gain Legal Custody) in Israel
6. Bring your Child Home

1. Choose an Accredited Adoption Service Provider:

The first step in adopting a child from Israel is to select an adoption service provider in the United States that has been accredited. Only these agencies and attorneys can provide adoption services between the United States and Israel. Learn more.

2. Apply to be Found Eligible to Adopt:

After you choose an accredited adoption service provider, you apply to be found eligible to adopt (Form I-800A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn how.

Once the U.S. government determines that you are "eligible" and "suitable" to adopt, you or your agency will forward your information to the adoption authority in Israel. Israel's adoption authority will review your application to determine whether you are also eligible to adopt under Israeli law.

3. Be Matched with a Child:

If both the United States and Israel determine that you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in Israel may provide you with a referral for a child. Each family must decide for itself whether or not it will be able to meet the needs of the particular child and provide a permanent family placement for the referred child.

4. Apply for the Child to be Found Eligible for Adoption:

After you accept a match with a child, you will apply to the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval to adopt that particular child (Form I-800). USCIS will determine whether the child is eligible under U.S. law to be adopted and enter the United States. Learn how.

After this, your adoption service provider or you will submit a visa application for to a Consular Officer at the U.S. Embassy. The Consular Officer will review the child's information and evaluate the child for possible visa ineligibilities. If the Consular Office determines that the child appears eligible to immigrate to the United States, he/she will notify the Israeli adoption authority (Article 5 letter). For Convention country adoptions, prospective adoptive parent(s) may not proceed with the adoption or obtain custody for the purpose of adoption until this takes place.

Remember: The Consular Officer will make a final decision about the immigrant visa later in the adoption process.

5.Adopt the Child (or Gain Legal Custody) in Israel:

Remember: Before you adopt (or gain legal custody of) a child in Israel, you must have completed the above four steps. Only after completing these steps, can you proceed to finalize the adoption or grant of custody for the purposes of adoption in Israel.

The process for finalizing the adoption (or gaining legal custody) in Israel generally includes the following:

• TIME FRAME: To adopt a baby in Israel, there is approximately a 5-year waiting list. When adopting a child with special needs, there is at least a six-month wait (depending on the age of the child and the parents' abilities).

• ADOPTION APPLICATION / PROCEDURE: All prospective adopting parents must go through the following process when adopting an Israeli child:

1. Preliminary medical examination of the parents;

2. The child must first be declared adoptable. Either the birth parents must provide a signed statement that they are willing to abandon the child or a court must declare the birth parents as unknown or unable to raise the child;

3. Written evaluation of the child's medical condition;

4. The adoptive parents must physically arrive in Israel, meet the child and appear in court. At that point the court will grant them full guardianship;

5. The Ministry of Labor will conduct a follow-up investigation as to the child's successful integration into the family;

6. If the results of the Ministry's investigation are satisfactory after a period of six months residency with the adoptive parents, an adoption decree will be granted by the applicable Israeli court;

7. Additionally, an adoption decree must be received from the country of the adoptive parents. The adoptive parents will then proceed with obtaining an immigrant visa for the child;

8. The child is then registered in the Israeli adoption registry.

• PALESTINIAN ADOPTION PROCEDURES: These are the Palestinian adoption procedures in the West bank and Gaza according to the consulate in Jerusalem:

Christian Adoption:

Prospective adoptive parents can obtain an adoption decree from the ecclesiastical court of their community (e.g. Latin, Greek, Armenian, etc). On the basis of the adoption decree issued by the court of the respective church, a Palestinian Birth Certificate can be issued and subsequently a Palestinian Passport (please note that there are sometimes difficulties in receiving civil documents from the Palestinian Authority).

Muslim Adoption:

The Palestinian Authority opposes adoption by foreign parents, because, according to an unnamed source, Palestinian children must remain in Palestine. Additionally, Islamic Shari'a Law does not allow for adoption as it is recognized in the United States; rather, they allow for "guardianship". Please view our flyer on Adoption of Children from Countries in which Islamic Shari'a Law is observed. If a couple is able to locate a child, the couple must pursue custody with the Palestinian Authority District Court. Only after this is granted, can U.S. Embassy Tel Aviv pursue an IR-4 immigrant visa for the child under the category "to be adopted in the U.S.". All adoption cases that were handled in the Jerusalem Consulate were from the West Bank, and they have not yet encountered one from Gaza.

NOTE: According to the Israeli adoption agency representative, adoption in Gaza is not possible since Islam does not enable adoption. According to the agency representative, about three years ago Chairman Arafat ordered that only Muslim couples could adopt children from Gaza.

• ADOPTION FEES: In the adoption services contract that you sign at the beginning of the adoption process, your agency will itemize the fees and estimated expenses related to your adoption process. There are no government processing fees associated with adoption in Israel. The U.S. Embassy in Israel discourages the payment of any fees that are not properly receipted, "donations," or "expediting" fees, that may be requested from prospective adoptive parents. Such fees have the appearance of "buying" a baby and put all future adoptions in Israel at risk.

• DOCUMENTS REQUIRED: The following items are required prior to adoption in Israel:

1. Home study of the adoptive parents,

2. Salary slips attesting to their income,

3. Proof of adequate housing,

4. Police certificate showing no previous criminal record,

5. Medical report proving the good health of the adoptive parents.

6. Guarantee that the child will obtain their citizenship once the adoption has been finalized.

NOTE: U.S. citizenship is not granted at U.S. Embassy Tel Aviv in Israel. The child is granted an immigrant visa which enables him/her to be admitted into the United States. If the child is issued an IR-3 visa, he or she will be granted automatic citizenship upon admission into the U.S. If the child is issued an IR-4 visa, he or she must be readopted in the U.S. In which case, it is only after a full and final adoption decree has been obtained in the U.S. that the child will acquire U.S. citizenship under INA 320. This must be done while the child is under the age of 18. Report completed by an Israeli social worker concerning the prospective adopting parents' financial situation and ability to support the child as well as stating that there is no history of family violence or harassment of minors.

NOTE: Additional documents may be requested. If you are asked to provide proof that a document from the United States is authentic, we can help. Learn how.

6.Bring Your Child Home

Now that your adoption is complete (or you have obtained legal custody of the child), there are a few more steps to take before you can head home. Specifically, you need to apply for three documents for your child before he or she can travel to the United States:

1. Birth Certificate

You will first need to apply for a new birth certificate for your child, so that you can later apply for a passport. Your name will be added to the new birth certificate.

2. Israeli Passport

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

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child, you also need to apply for an U.S. visa from the United States Embassy for your child. After the adoption (or custody for purpose of adoption) is granted, visit the U.S Embassy for final review and approval of the child's I-800 petition and to obtain a visa for the child. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the "Panel Physician's" medical report on the child if it was not provided during the provisional approval stage.

An interview will be scheduled for the adoptive parents and child with the Consular Officer following receipt by the Embassy of the approval of the I-800 that was filed with USCIS and all the supporting documents, and after completion of the adoption. If they meet all visa requirements per law, an immigrant visa (wither IR-3 or IR-4) will be issued to the child. Occasionally, parents who expected to obtain a final and valid adoption abroad are unable to do so and must apply for an IR-4 visa for their child instead of an IR-3.

NOTE: Visa issuance after the final interview now generally takes at least 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview. Adoptive parents should verify current processing times at the appropriate consulate or embassy before making final travel arrangements.

To learn more about the Child Citizenship Act please read The Child Citizenship Act of 2000.

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