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Difference between revisions of "Adopting from Serbia"
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Revision as of 23:58, 1 May 2014
Source: cia.gov.
Source: cia.gov.
Source: cia.gov.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: flickr.com.
Source: flickr.com.
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.
Contents
Serbia Adoption Alert
Notice: Adoptions from Serbia to Begin Under the Hague Adoption Convention (March 19, 2014)
The Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (the Convention) will enter into force for Serbia on April 1, 2014. The United States has determined that it should be able to process Convention intercountry adoptions from Serbia that are initiated on or after April 1, 2014.
The Government of Serbia also notified the U.S. Embassy in Belgrade that accredited adoption service provider, Hopscotch Adoptions, Inc., is now authorized to provide services in Convention adoptions from Serbia. This is the only U.S. adoption service provider currently authorized to operate in Serbia. U.S. adoption service providers interested in seeking authorization should contact Serbia’s Ministry of Labor, Employment and Social Policy at: socijalna_zastita@minrzs.gov.rs or by calling +381 11 3631448.
U.S. prospective adoptive parents and adoption service providers are reminded that adoption services in Serbia can only be completed either through direct contact with the Ministry or with the assistance of a U.S. adoption service provider authorized to provide intercountry adoption services in Serbia.
Adoption cases can proceed under the non-Convention adoption process after April 1 if the prospective adoptive parents in the United States filed Form I-600A with the U.S. Citizenship and Immigration Service (USCIS) designating Serbia before April 1, 2014, filed Form I-600 with USCIS or the Department of State before April 1, 2014, or completed the adoption before April 1, 2014. All other cases will be processed as Convention adoption cases and will require Form I-800 and I-800A.
The Department of State will provide updated information on adoption.state.gov as it becomes available. If you have any questions about this notice, please contact the Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AdoptionUSCA@state.gov.
Alert: Serbia Adoption Reports of Misleading Guidance on Intercountry Adoptions from Serbia (May 9, 2013)
This Adoption Alert is a follow up to the Alert of March 29, 2013.
The U.S. Embassy in Belgrade has received reports that one or more U.S. adoption service providers may be providing prospective adoptive parents misleading information about the Serbian adoption process. Specifically, there may be misleading information as to who is authorized to provide adoption services and which children are eligible for intercountry adoption.
Serbia places a priority on domestic adoption. Generally, only children with special needs are available for intercountry adoption. Adoption services in Serbia can be completed either through direct contact with the Ministry or with the assistance of an authorized U.S. adoption service provider. A small number of U.S. adoption service providers are authorized by the Serbian Ministry of Labor, Employment, and Social Policy to provide services related to intercountry adoptions in Serbia. Prospective adoptive parents who decide to use an adoption service provider may wish to verify the agency’s authorization by contacting the Ministry at socijalna_zastita@minrzs.gov.rs or by calling +381 11 3631448.
The Department strongly encourages prospective adoptive parents to read the procedures for completing an intercountry adoption from Serbia on the Department’s Serbia adoption information page. There is no legal alternative to the Serbian adoption process. Prospective adoptive parents who received contradictory or misleading information from a U.S. accredited or approved adoption service provider are encouraged to register a complaint about the provider online through the Hague Complaint Registry, at: adoption.state.gov/hague_convention/agency_accreditation/complaints.php.
Prospective adoptive parents are also encouraged to report such activity by an adoption service provider that is not accredited or approved to the licensing authority of the state where the agency is located. A record of the complaint may also be submitted to the Office of Children’s Issues via email to AskCI@state.gov.
Hague Convention Information
Serbia is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F).
NOTE: Adoption services in Serbia can be completed either through direct contact with the Serbian Ministry of Labor, Employment, and Social Policy (“Ministry”) or with the assistance of an authorized U.S. adoption service provider. Contact information for the Ministry is provided in the “Contact Information” section below. A small number of U.S. adoption service providers are authorized by the Ministry to provide services related to intercountry adoptions in Serbia. Prospective adoptive parents who decide to use an adoption service provider should verify the agency’s authorization by contacting the Ministry.
Who Can Adopt
In addition to U.S. immigration requirements, you must also meet the following requirements in order to adopt a child from Serbia:
Residency
None.
Age of Adopting Parents
Prospective adoptive parents must be at least 18 years older than the child, but no more than 45 years older.
Marriage
If there are two prospective adoptive parents, they must be married. A common-law marriage can qualify. Single prospective adoptive parents are also eligible to adopt a child in Serbia with special approval from the Ministry. Same-sex couples are not permitted to adopt.
Income
Serbian Family Law does not specify income requirements. The adoption authority relies on the U.S. home study when determining the eligibility of prospective adoptive parents.
Other
Prospective adoptive parents who have been diagnosed with a mental disorder or infectious disease are disqualified from adopting. Prospective adoptive parents with other serious health conditions must demonstrate to the Ministry their ability to raise the child.
Who Can Be Adopted
In addition to U.S. immigration requirements, Serbia has specific requirements that a child must meet in order to be eligible for adoption:
Age of Adoptive Child: Children between the ages of two months and 18 years are eligible for adoption. However, a foreign citizen may adopt a child in Serbia only after the child has been registered for adoption for at least one year and no domestic adopters have been found.
Sibling Adoptions: Serbian Family Law does not specifically address sibling adoptions. However, adoption authorities try to place siblings together if they determine that it is in the best interest of the siblings.
Special Needs or Medical Conditions: These topics are not specified in Serbian family Law, but in practice, because Serbia gives preference to domestic adoption (i.e., adoption by Serbian citizens), only children with special needs become available for inter-country adoption.
Waiting Period or Foster Care: A foreign citizen may adopt a child in Serbia only after the child has been registered for adoption for at least one year and no domestic adopters (i.e., Serbian citizens) have been found.
Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are adoptable. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, with the intention of returning for the child when they are able to do so. In such cases, the birth parent(s) rarely would have relinquished their parental rights or consented to their child(ren)’s adoption.
How to Adopt
Adoption Authority
Serbia’s Adoption Authority
Ministry of Labor, Employment and Social Policy
The Process
The process for adopting a child from Serbia generally includes the following steps:
- Choose an adoption service provider
- Apply to be found eligible to adopt
- Be matched with a child
- Adopt the child in Serbia
- Apply for the child to be found eligible for orphan status
- Bring your child home
1. Choose an Adoption Service Provider
The recommended first step in adopting a child from Serbia is to decide whether or not to use a licensed adoption service provider in the United States that can help you with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. The Department of State provides information on selecting an adoption service provider on its website.
2. Apply to be Found Eligible to Adopt
In order to adopt a child from Serbia; you will need to meet the requirements of the Government of Serbia and U.S. immigration law. You must submit an application to be found eligible to adopt with the Ministry of Labor, Employment and Social Policy of Serbia. There is no specific application form. Please see Part 4, under Documents Required.
You must also file an I-600A, Application for Advance Processing of an Orphan Petition with U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services to be found eligible and suitable to adopt. U.S. citizens considering adopting from Serbia may choose to work with a U.S. adoption agency or attorney to assist them with the U.S. portions of the process. Adoption service providers must be licensed by the U.S. state in which they operate. The Department of State provides information on selecting an adoption service provider on its website.
3. Be Matched with a Child
If you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in Serbia will provide you with a referral. Each family must decide for itself whether or not it will be able to meet the needs of and provide a permanent home for a particular child.
If determined eligible by the Ministry of Labor, Employment and Social Policy, prospective adoptive parents are added to the register of eligible adoptive parents. Each municipality in Serbia has an authority called the Center of Social Work (Centar za Socijalni Rad), which is part of the Ministry of Labor, Employment and Social Policy. These centers attempt to match registered children awaiting adoption with registered prospective adoptive parents. Prospective adoptive parents are directed to a specific municipality after a prospective match is made. When a match is made and the Ministry informs the prospective adoptive parents of the match, local authorities will then schedule a "Solemn Ceremony of Adoption" (usually within a few days).
The child must be eligible to be adopted according to Serbia’s requirements, as described in the Who Can be Adopted section. The child must also meet the definition of an orphan under U.S. immigration law.
4. Adopt or Gain Legal Custody of Child in Serbia
The process for finalizing the adoption (or gaining legal custody) in Serbia generally includes the following:
- Role of the Adoption Authority: Determination of eligibility of prospective adoptive parents; registration of eligible prospective adoptive parents;
matching of registered prospective adoptive parents with children registered for adoption; arranging issuance of the new birth certificate and passport.
- Role of the Center of Social Work: Center of Social Work issues the Adoption Decree and conducts the adoption ceremony.
- Role of Adoption Agencies: There are no adoption agencies in Serbia.
- Adoption Application: There is no specific application form. See documents required below.
- Time Frame: The length of the adoption process varies greatly. If prospective adoptive parents have located a child prior to their arrival in Serbia, the whole process may be finished within four weeks.
- Adoption Fees: There are no Serbian government fees for adoption. The only fee to be paid is a fee in Serbian dinars (approximately US$25) for the issuance of the child’s Serbian passport.
- Documents Required: Documents required include:
- 1. Written request with justification signed by at least one of the prospective adoptive parents (a short explanation or cover letter explaining the reasons and circumstances of the adoption). Along with the written request, prospective adoptive parents should include the documents listed below;
- 2. Short biography of prospective adopting parents;
- 3. Home study (U.S. home study acceptable);
- 4. Prospective adoptive parents' birth certificates;
- 5. Marriage certificate, if applicable;
- 6. U.S. Criminal records/police certificates;
- 7. Medical report on general health condition (usually completed by a U.S. physician);
- 8. Evidence of employment, income, assets and home;
- 9. Evidence that prospective adoptive parents meet the U.S. adoption requirements (I-171H is accepted);
- 10. Evidence of U.S. citizenship (passport);
- 11. Photographs of adoptive parents (two 3.5 by 4.5 cm passport photos each). NOTE: Additional documents may be requested. All documents must to be translated into Serbian by a court certified translator.
- Authentication of Documents: The United States and Serbia are parties to the Hague Apostille Convention. U.S. public documents may be authenticated with Apostilles by the appropriate U.S. Competent Authority.
5. Apply for the Child to be Found Eligible for Orphan Status
After you finalize the adoption (or gain legal custody) in Serbia, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the definition of orphan under U.S. law. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative. This form can be approved by a consular official at the U.S. Embassy Belgrade.
6. Bring Your Child Home
Once your adoption is complete (or you have obtained legal custody of the child), you need to apply for several documents for your child before you can apply for a U.S. immigrant visa to bring your child home to the United States:
- 1. Birth Certificate
If you have finalized the adoption in Serbia you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate.
If you have been granted custody for the purpose of adopting the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name.
The Ministry of Labor, Employment and Social Policy arranges the issuance of a new birth certificate for adopted children. Following the adoption, local authorities will also erase the names of the biological parents from the registry books and make a new entry with the names of the adopting parents. Please note that the child's first name cannot be changed in Serbia, only the last name will be amended to reflect the adoptive parents’ last name Should the U.S. adoptive parents wish to change the child's first name, they must do so through a separate U.S. court process after returning to the United States. Authorities will also issue an Adoption Decree (Resenje o usvojenju) which includes the child's history and details of the adoption process, birth certificate, and passport.
- 2. Serbian Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Serbia.
The Ministry of Labor, Employment and Social Policy will arrange the issuance of a new Serbian passport for the adopted child.
- 3. U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child and you have filed Form I-600, Petition to Classify Orphan as an Immediate Relative, you then need to apply for a U.S. immigrant visa for your child from the U.S. Embassy in Belgrade, Serbia. 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.
You can find instructions for applying for an immigrant visa on the U.S. Embassy in Belgrade’s website.
Child Citizenship Act
For adoptions finalized abroad prior to the child’s entry into the United States: A child will acquire U.S. citizenship upon entry into the United States if the adoption was finalized prior to entry and the child otherwise meets the requirements of the Child Citizenship Act of 2000.
For adoptions finalized after the child’s entry into the United States: An adoption will need to be completed following your child’s entry into the United States for the child to acquire U.S. citizenship.
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.
Read more about the Child Citizenship Act of 2000
Traveling Abroad
Applying for Your U.S. Passport
A valid U.S. passport is required to enter and leave Serbia. 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 Serbia, 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 Serbia, registration assists the U.S. Embassy or Consulate in reaching you. Registration is free and can be done online.
After Adoption
What resources are available to assist families after the adoption?
Many adoptive parents find it important to find support after the adoption. Take advantage of all the resources available to your family -- whether it's 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:
Child Welfare Information Gateway
North American Council on Adoptable Children
Adoption Services Support Group for Adopting Persons
Contact Information
U.S. Embassy in Serbia
Address: Kneza Miloša 50 11000 Belgrade Serbia Tel: +381 11 361 9344 Fax: +381 11 361 5989 Email: Belgradeadoptions@state.gov Internet: U.S. Embassy Serbia
Serbia’s Adoption Authority
Ministry of Labor, Employment and Social Policy Address: Nemanjina 22-26 11000 Belgrade Tel: +381 11 363 1448 Email: socijalna_zastita@minrzs.gov.rs
Embassy of the Republic of Serbia
Address: 2134 Kalorama Rd., NW Washington, DC 20008 Tel: (202) 332-0333 Fax: (202) 332-3933 Email: info@serbiaembusa.org Internet: Embassy of the Republic of Serbia
Serbia also has consulates in New York and Chicago
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: AskCI@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-600A or I-600 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[1]