Difference between revisions of "How to Adopt from Pakistan"

Revision as of 23:06, 9 March 2015

The Thar Desert.
Source: Wikipedia.org.

Adoption Authority

Pakistan's Adoption Authority

There is no central government adoption authority. Guardianship proceedings are filed in the family courts.

The Process

The process for adopting a child from Pakistan generally includes the following steps:

Choose an Adoption Service Provider
Apply to be Found Eligible to Adopt
Be Matched with a Child
Gain Legal custody of the child in Pakistan
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 Pakistan 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.

There are no adoption agencies in Pakistan. A list of attorneys is available to prospective adoptive parents on the U.S. Embassy Islamabad’s website. Make sure your lawyer in Pakistan has experience with U.S. adoption cases.

2. Apply to be Found Eligible to Adopt

In order to adopt a child from Pakistan, you will need to meet the requirements of both Pakistan law and U.S. immigration law.

To meet U.S. immigration requirements, you may 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.

3. Be Matched with a Child

There is no central government adoption authority in Pakistan. Orphanages in Pakistan must be licensed, and the child must be a ward of the state in order to meet the definition of orphan under U.S. law. If you are eligible to adopt, you will need to contact orphanages, charitable institutions, or social welfare agencies to assist you to identify a child who is eligible for intercountry adoption. As there is no central governmental adoption authority in Pakistan that can certify specific children are indeed abandoned or orphaned, it can be extremely difficult to fulfill the legal requirements of U.S. immigration law. Please note that if a child has not been a ward of the state or is not in the care of a licensed orphanage, the child cannot be considered an orphan under U.S. law. Each family must decide for itself whether it will be able to meet the needs of a particular child and provide a permanent home for the child.

The child must be eligible for guardianship according Pakistan’s requirements, as described in the “Who Can Be Adopted” section above. The child must also meet the definition of orphan under U.S. immigration law.

4. Gain Legal Custody of the Child in Pakistan

The process for gaining legal custody in Pakistan includes the following:

Role of Adoption Authority:akistan does not have a central government adoption authority.

Role of Licensed Orphanages:nce prospective adoptive parents have identified a child through a licensed orphanage, the orphanage provides the prospective adoptive parents with a letter describing the identity and social history of the child. The prospective adoptive parents or their attorney in Pakistan can file an application for guardianship in Family Court with this letter.

Role of the Court: Family Courts have jurisdiction over the guardianship of children. If the Family Court grants the prospective adoptive parents guardianship, they will issue a record of the proceedings, a guardianship order, and a guardianship certificate. The certificate must state that guardianship is granted for purposes of immigration to and adoption in the United States.

Role of Adoption Agencies: There are no adoption agencies in Pakistan.

Adoption Application: There is no adoption application. Prospective adoptive parents petition the Family Court for guardianship of a specific child.

Role of Lawyers: Attorneys assist prospective adoptive parents with understanding the process for obtaining guardianship of a Pakistani child through the Family Court, file the prospective adoptive parents’ petition for guardianship with the Family Court, and obtain final court documents. A list of attorneys is available on the U.S. Embassy’s website.

Time Frame: It is difficult to estimate how long it will take for prospective adoptive parents to obtain guardianship of a child through the Family Court.

Adoption Fees: Fees vary widely and may include lawyer’s fees, court fees, expedite fees, changes to court documents, etc.

Documents Required: The following documents are required to complete the adoption process:

1. Proof of U.S. citizenship of the prospective adoptive parents;

2. Proof of marriage of the prospective adoptive parents, if married; if the prospective adoptive parent is divorced, proof of the termination of all previous marriages;

3. Fingerprint cards for the prospective adoptive parents and all other adult members of the prospective adoptive parents’ household;

4. Approved home-study report.

Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. If so, the Department of State’s Authentications Office may be able to assist. Caution: Pakistani documents on rupee paper and documents notarized by a lawyer are not considered official documents. The Embassy will only accept original or court certified documents related to guardianships in Pakistan. Obtaining fraudulent documents is against the law in Pakistan.

5. Apply for the Child to be Found Eligible for Orphan Status

After you gain legal custody in Pakistan, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the definition of orphan under U.S. immigration law. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative.

You must have an approved Form I-600 Petition to Classify Orphan as an Immediate Relative before an immigrant visa may be issued. You may file your Form I-600 petition in the U.S. or at the U.S. Embassy in Islamabad provided you have a valid, approved I-600A on record.

6. Bring Your Child Home

Once you have obtained legal custody of the child, you will 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 Pakistan, you will first need to apply for a new birth certificate, referred to as the Child Registration Certificate (CRC), for your child.

You should take your guardianship certificate (issued by the Family Court) to the National Database and Registration Authority (NADRA) to amend your child's Form B, listing you as the parents. You may apply for a Pakistani passport for your child with the amended form and your guardianship certificate. Information on how to obtain a new CRC for your child at: nadra.gov.pk/index.php/products/certificates/crc.

2. Pakistani Passport

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

Information on how to apply for a Pakistan passport for your child may be found at: dgip.gov.pk/Files/Home.html.

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 Islamabad. 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 Islamabad’s website.

Prospective adoptive parents who plan to file their Form I-600 with the U.S. Embassy Islamabad should contact the consular section by email at AdoptionsPakistan@state.gov to confirm that they have a valid approved Form I-600A on record and to make an appointment to file Form I-600 and supporting documents.

Prospective adoptive parents are reminded that consular officers are required by law to conduct a Form I-604 Determination on Child for Adoption (sometimes informally referred to as the “orphan investigation”) to verify the child's orphan status before an IR-3 or IR-4 immigrant visa may be issued. Depending on the circumstances of a case, this investigation may take up to several months to complete, even if the Form I-600 petition is already approved. Cases in which a child’s orphan status cannot be confirmed must be forwarded to USCIS for review and final determination. Prospective adoptive parents should have flexible travel plans if they plan to remain in Pakistan until the Form I-604 is completed.

Once the consular section receives the family’s approved Form I-600 petition, staff will contact the family by email concerning their next steps. Immigrant visa applicants must complete a series of forms – details of which will be provided to the prospective adoptive parents by the consular section – before the immigrant visa interview may take place. Once the prospective adoptive parents have compiled all of the documents required for the immigrant visa interview, they must call the consular section to schedule their child’s immigrant visa appointment. A consular officer conducts the interview and, if the visa application is approved, issues the visa. A consular officer must see the adopted child in person before the immigrant visa may be issued.

NOTE: Visa issuance after the final interview now generally takes at least 24 working hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview. Adoptive parents should not make final travel arrangements before they receive the visa.

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

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