Revision as of 03:53, 3 April 2014

The official flag of Mongolia.
Source: cia.gov.

Map of Mongolia.
Source: cia.gov.

Map of Mongolia.
Source: cia.gov.

A young girl on the plains of Mongolia.
Source: flickr.com.

A ger in front of the Gurvan Saikhan Mountains, Mongolia.
Source: Wikipedia.org.

A rider in Mongolia.
Source: Wikipedia.org.

Mongolian nomad children.
Source: flickr.com.

Winter Palace of Bogd Khaan, Ulan Bator, Mongolia.
Source: Wikipedia.org.

Mongolia.
Source: flickr.com.

Buryat boy Bato-Tsyren during shamanic rite Shandruu, in Mongolia.
Source: Wikipedia.org.

Mongolia.
Source: flickr.com.

A boy in Mongolia.
Source: flickr.com.

Hague Convention Information

WARNING:ngolia is party to the Hague Adoption Convention. Do not adopt or obtain legal custody of a child in Mongolia before a U.S. consular officer issues an "Article 5 Letter." See the "How to Adopt" section for more information.

Mongolia is party to the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (Hague Adoption Convention). Therefore all intercountry adoptions between Mongolia and the United States must meet the requirements of the Convention and U.S. implementing legislation, the Intercountry Act of 2000 (IAA); and the IAA implementing regulations. Currently, the Government of Mongolia is allowing American citizens who meet required eligibility requirements to also adopt locally. Please note that any child adopted locally (i.e. outside the Hague Adoption Convention process) is not immediately eligible for an immigrant visa and must qualify for an immigrant visa as the child of the American Citizen (IR-2). Additional information is available from U.S. Citizenship and Immigration Services. Additionally, the specific regulations regarding local adoptions by foreigners are unclear and the Government of Mongolia is currently working to clarify and revise these regulations as well as their adoption procedures generally. To adopt through the Hague Convention Process Do Not adopt or obtain legal custody of a child in Mongolia before a U.S. consular officer issues an "Article 5 Letter."

The Mongolian and U.S. authorities involved in the adoption and immigration process review each case individually to ensure that the child and the prospective adoptive family have met both countries' legal requirements.

NOTE: Special transition provisions apply to adoptions initiated before April 1, 2008. Learn more.

Who Can Adopt

Intercountry adoptions between the United States and Mongolia are governed by the Hague Adoption Convention. Therefore to adopt from Mongolia, you must first be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the U.S. Citizenship and Immigration Services (USCIS) an agency of the Department of Homeland Security's. Learn more.

In addition to these U.S. requirements for prospective adoptive parents, Mongolia also has the following requirements for prospective adoptive parents:

The Mongolian embassy in Washington, D.C., has a web page devoted to the eligibility requirements for adopting Mongolian children. American citizens considering adopting from Mongolia should visit the Embassy of Mangolia website.

Residency

There are no residency requirements for prospective adoptive parents who apply through agencies authorized by the Mongolian Government.

Age of Adopting Parents

Prospective adoptive parents may be no more than 60 years of age.

Marriage

There are no marriage requirements for intercountry adoptions.

Income

A certification on the living and financial ability of the applicant by the relevant authority of a respective state.

Other

1. A medical certification regarding whether adopter has tuberculoses, AIDS, or mental disease

2. A certification regarding the place of permanent residence of the applicant by the relevant authority/ including the certification by a police authority.

3. Anyone who meets the criteria below is prohibited from adopting in Mongolia. Individuals who have had their parental rights restricted, curtailed are prohibited from adopting in Mongolia.

4. Anyone who has returned an adopted child because his/her own fault.

5. Anyone who has been declared by a court decision as not having a full civil law capacity or has a restricted capacity.

6. Anyone who has tuberculoses or mental disease.

7. Anyone who habitually consumes alcoholic drinks or narcotic substances.

8. Anyone who has several criminal records or is currently imprisoned.

Who Can Be Adopted

Because Mongolia is party to the Hague Adoption Convention, children from Mongolia must meet the requirements of the Convention in order to be eligible for adoption by U.S. prospective adoptive parents. For example, the Convention requires that Mongolia attempt to place a child with a family in-country before determining that a child is eligible for inter-country adoption. In addition to Mongolia's requirements, a child must meet the definition of a Convention adoptee for you to bring him or her back to the United States.

ELIGIBILITY REQUIREMENTS:

Relinquishment Requirements: The consent of parents to give their child for adoption must be in writing and certified by a notary public. A child whose parents have given up parents rights may be eligible for adoption after six months from the date when the relinquishment was recognized by the courts.

Additional Requirements: Children 7 years of age and older must consent to the adoption; Adoption must be deemed in the best interests of the child.

How to Adopt

Adoption Authority

Mongolia's Adoption Authority

Ministry of Social Welfare and Labor of Mongolia (MSWL) and the Office of Immigration, Naturalization and Foreign Citizens

Central Agency for International Adoption: Please note that adoptions in Mongolia require the consent of two separate agencies. The Ministry of Social Welfare and Labor has primary responsibility for placement and approval of adoptions generally. The Office of Immigration, Naturalization, and Foreign Citizens assists with all cases of international adoptions. Approval of both agencies is required before the adopted child can immigrate to the United States.

Ministry of Social Welfare and Labor of Mongolia (MSWL)

Mailing Address: United Nations Street 5, UB-46, Government Building No 2 Tel: 976-11-267635; Fax: 976-11-327635; Fax: 976-11-328634 Internet: MSWL

Office of Immigration, Naturalization and Foreign Citizens, Ministry of Justice and Home Affairs

Mailing Address: Chinggis Avenue 11, Sukhbaatar District, Ulaanbaatar 210628 Tel: 976-7011-9588; Tel: 1882; Fax: 976-11-313259 Internet: Office of Immigration

The Process

Because Mongolia is party to the Hague Adoption Convention, adopting from Mongolia must follow a specific process designed to meet the Convention's requirements. 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 Mongolia 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 in Mongolia
6. Bring your Child Home

1. Choose an Accredited Adoption Service Provider:

In general, the first step in adopting a child 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 Mongolia.

Please note: In addition to using a U.S. accredited or approved adoption service provider, prospective adoptive parents are required to work with an adoption agency that has also been approved by the Mongolian Government. Adoptive parents must use one of the Mongolian Government-approved adoption agencies listed here:

Lutheran Social Services (LSS)

Adoption Services 2414 Park Avenue Minneapolis, MN 55404 1.888.205.3769 http://www.lsswis.org

LSS in Mongolia

9A-51, Bayangol district 8 P.O. Box 777 Ulaanbaatar 310529 Mongolia Tel: 976-11-362-282 Email: may-lss@mbox.mn

Small World

401 Bonnaspring Drive Hermitage, TN 37076 Phone: 615.883.4372 Fax: 615.885.7582 E-mail: jsavley@swa.net Website: Small World

Small World in Mongolia

Sukhbaatar district Jamyangiin Street 8-304 Ulaanbaatar, Mongolia Tel: 976-11-314-516 E-mail: surenhuu@yahoo.com

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.

The first step for prospective adoptive parents is to apply to one of the Mongolian Government-approved U.S. adoption agencies for a home study. Once the U.S. Government determines that you are "eligible" and "suitable" to adopt your adoption service provider will gather all necessary documents and present them to the MSWL.

3. Be Matched with a Child:

If both the United States and Mongolia determine that you are eligible to adopt, and a child is available for inter-country adoption, the central adoption authority in Mongolia may provide you with a referral for a child.

Based on the home study, the MSWL will propose a child with whom to match the prospective parents. 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 Mongolia's 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 Mongolia:

Before you adopt (or gain legal custody of) a child in Mongolia, 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 Mongolia. In order to finalize the adoption, at least one adopting parent must travel to Mongolia to execute the required documents in person before the appropriate Mongolian authorities. The process for finalizing the adoption (or gaining legal custody) in Mongolia generally includes the following:

• ROLE OF THE ADOPTION AUTHORITY: The MSWL reviews the home study and matches a child with the prospective adoptive parents.
• ROLE OF THE COURT: The Office of Immigration, naturalization and Foreign Citizens grants the final approval for the adoption.
• ROLE OF ADOPTION AGENCIES: The adoption agency gathers documents from prospective parents and presents them to the MSWL. After a match has been made, the adoption agency then presents the documentation to the Office of Immigration, Naturalization and Foreign Citizens for final approval. This process normally takes approximately one month.
• TIME FRAME: It is hard to predict how much time is required to complete an adoption in Mongolia. The time frames provided here are intended as guidelines only, and the specific circumstances of each case can significantly impact the length of the process. As of March 2007, adoption procedures take approximately twelve to eighteen months from the time all of the necessary paperwork is submitted to MSWL to the time the MSWL delivers it for final approval to the Office of Immigration, Naturalization and Foreign Citizens.
• ADOPTION APPLICATION: The adoption agency submits the adoption application to the MSWL.
• ADOPTION FEES: In the adoption services contract that you sign at the beginning of the adoption process, your agency should itemize the fees and estimated expenses related to your adoption process. Fees will vary. There are no Mongolian government fees for adoption. Prospective adoptive parents can expect to pay notary fees and/or fees for translation of documents.
• DOCUMENTS REQUIRED: The following documents are required by the government of Mongolia:

1. Cover letter

2. Adoption application form

3. Identification documents

4. Passport copy- father, mother

5. Drivers license copy- father, mother

6. Marriage certificate copy

7. Copy of highest diploma - father, mother

8. Financial statement from Bank & Taxation office (received not later than 2 month before submission of application)

9. Medical documents

10. Medical report - father, mother (received not later than 2 month before application)

11. Medical analysis on HIV/AIDS

12. Police clearance document

13. I-800 approval notification

14. Police clearance (received not later than 2 month before submission application)

15. Court decision on permission to adopt (if any)

16. Home study document

17. Home study 6-8 pages (as much as possible specific)

18. Home study Agency or Social worker License

19. Legal and parent commitment document

20. Letter from Adoption agency to the MSWL

21. Copy of Accreditation from Central authority or State to work in Mongolia

22. MOU with the Ministry of Social Welfare (if any)

23. License of Adoption Agency (valid)

24. Letter from Parents to the Agency Requesting Authorization to adopt

25. Photos of family & home

The required documents are detailed in Article 58.3 of the Mongolian family law is available at this website. 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. Parents who have adopted a child must register their adoption to the State and Civil Registration and Information Center (SCRIC), which then issues a birth certificate and adoption decree. The parent must be present at the registration. Your name will be added to the new birth certificate.

2. Mongolian Passport

Your child is not yet a U.S. citizen, so he/she will need a Passport from Mongolia.

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child, you also need to apply for a 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.

The U.S. Embassy in Ulaanbaatar, Mongolia, does process U.S. immigrant visas.

Child Citizenship Act

For adoptions finalized abroad: The Child Citizenship Act of 2000 allows your child to acquire American citizenship when he or she enters the United States as lawful permanent residents.

For adoptions to be finalized in the United States: The Child Citizenship Act of 2000 allows your child to typically acquire American citizenship when the U.S. state court issues the final adoption decree. We urge your family to finalize the adoption in a U.S. State court as quickly as possible.

Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.

Learn more about the Child Citizenship Act.

Traveling Abroad

A valid U.S. passport is required to enter and leave Mongolia. 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 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 Your Visa

In addition to a U.S. passport, you also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are attached to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Mongolia, see the Department of State's Country Specific Information.

Staying Safe on Your Trip

Before you travel, it's always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The State Department is a good place to start. The Department of State provides Country Specific Information for every country of the world about various issues, including the 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 register your trip with the Department of State. Travel registration makes it possible to contact you if necessary. Whether there's a family emergency in the United States, or a crisis in Mongolia, registration assists the U.S. Embassy or Consulate in reaching you. Registration is free and can be done online.

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information