Revision as of 19:10, 10 April 2014

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

Map of Taiwan.
Source: cia.gov.

Map of Taiwan.
Source: cia.gov.

Confucius Temple at the Lotus Lake in Kaohsiung (Taiwan).
Source: Wikipedia.org.

Taiwanese kids .
Source: flickr.com.

Taipei 101 Tower, Taipei, Taiwan.
Source: Wikipedia.org.

Ximending at night.
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Chiang Kai Shek Memorial Hall, Taiwan.
Source: Wikipedia.org.

Taiwan Temple.
Source: flickr.com.

Taiwan Adoption Alert

Notice: Taiwan implements a Pre-Adoption Immigration Review requirement for all adoptions by U.S. citizens of children residing in Taiwan (February 27, 2013)

The Department of State shares the follow web alert posted by U.S. Citizenship and Immigration Services on February 26, 2013.

Taiwan implements a Pre-Adoption Immigration Review requirement for all adoptions by U.S. citizens of children residing in Taiwan

In January, the Taiwan Child Welfare Bureau issued an administrative order that requires all adoption cases filed on behalf of U.S. prospective adoptive parents with the Taiwan courts to undergo the U.S. PAIR process. The order applies to all currently licensed Taiwan adoption services providers (ASP), and any ASPs which may be licensed in the future. The administrative order instructs Taiwan ASPs to include a letter issued by the American Institute in Taiwan (AIT) located in Taipei, confirming that USCIS successfully completed the PAIR process with each court filing initiated after April 1, 2013. The new requirement will not affect pending adoption cases filed with Taiwan courts before April 1, 2013.

To enable prospective parents adopting from Taiwan to comply with Taiwan’s new requirement, USCIS issued a policy memorandum, effective immediately, that allows prospective adoptive parents to file a Form I-600, Petition to Classify Orphan as an Immediate Relative, before Taiwan courts finalize an adoption in Taiwan. These new procedures allow USCIS to assess the child’s eligibility for U.S. immigration benefits and make a preliminary determination before Taiwan courts finalize the adoption decree. A copy of the policy memorandum is available at uscis.gov.

Notice: United States and Taiwan to Discuss Implementation of a Pre-Adoption Immigration Review (PAIR) Process (October 25, 2012)

From September 17–24, 2012, a joint Department of State and U.S. Citizenship and Immigration Services (USCIS) technical team traveled to Taiwan to discuss the intercountry adoption process between Taiwan and the United States. The team met with the Taiwan authorities regarding the possibility of implementing a Pre-Adoption Immigration Review (PAIR) process. This process would provide Taiwan courts with information regarding the child’s likely eligibility to immigrate to the United States before the court enters an order establishing a permanent legal relationship between the U.S. citizen parents and the child. Taiwan authorities indicated a desire to implement the PAIR process in Taiwan soon.

The PAIR process would provide systematic safeguards for prospective adoptive children and parents. Under PAIR, USCIS reviews a child’s eligibility to immigrate to the United States before a final adoption order or custody order transfers rights to adopting U.S. parents. Such a review can prevent situations in which U.S. families cannot bring their adopted child to the United States. Additionally, the PAIR process will minimize the possibility of long separations from the child after the adoption or custody decree is issued while waiting for the U.S. authorities to review the child’s immigration eligibility. However, per U.S. law, the definitive finding of the child’s immigration eligibility would still be made at the time of the adjudication.

To implement PAIR, Taiwan authorities intend to require all licensed adoption service providers operating in Taiwan to submit evidence to the Taiwan courts in each adoption case that USCIS has conducted a PAIR review.

If Taiwan authorities make this procedural change, USCIS will implement a process to allow prospective adoptive parents to obtain a PAIR determination before submitting adoption cases to the appropriate court in Taiwan. Specifically, the PAIR process would allow prospective adoptive parents adopting from Taiwan to file their Form I-600, Petition to Classify Orphan as an Immediate Relative, with all supporting documentation except the final adoption decree, with USCIS before filing their case with the courts in Taiwan. After reviewing the child’s immigration eligibility, USCIS would issue a preliminary determination to prospective adoptive parents of the child’s immigration eligibility.

USCIS and the State Department will continue to update the public of any new developments on PAIR processing in Taiwan.

After USCIS issues a preliminary determination of the child’s immigration eligibility, AIT will issue a letter to prospective adoptive parents confirming completion of the PAIR process. Prospective adoptive parents, through their ASPs, must include the letter from AIT when filing a case with the Taiwan courts. To begin the PAIR process, petitioners adopting children from Taiwan should file the Form I-600 petition and supporting documents with the USCIS National Benefits Center (NBC) before filing an adoption case with the Taiwan courts. Please refer to the Form I-600 instructions for filing instructions for the NBC. USCIS overseas offices and the AIT will continue to accept Form I-600 petitions, but such petitions will be forwarded to the NBC for PAIR review.

Prospective adoptive parents filing their Form I-600 petition should include all available required documentation when filing a Form I-600 petition, except the adoption decree or grant of legal custody. In addition, the following PAIR-specific documentation must be submitted when the child’s country of origin is Taiwan:

1. Evidence of availability for intercountry adoption generated by the Taiwan island-wide database;
2. Signed adoption agreement between birth parents and prospective adoptive parents for use in Taiwan District Family Courts; and
3. Power of attorney appointing the Taiwan ASP to represent the prospective adoptive parents.

The Taiwan District Family Court will make its own determination regarding the child’s adoptability. After completing the adoption and receiving the adoption decree from the Taiwan District Family Court, U.S. adoptive parents will submit their adoption decree and all necessary documents to AIT for final Form I-600 petition approval and immigrant visa processing.

You may refer to adoption.state.gov for additional information about adopting from Taiwan.

Hague Convention Information

Taiwan 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).

In January 2013, the Taiwan Child Welfare Bureau announced its participation in a Pre-Adoption Immigration Review (PAIR) program with the United States. The PAIR program requires prospective adoptive parents to receive a preliminary determination on the child’s likely immigration eligibility from United States Citizenship and Immigration Services (USCIS) prior to filing an adoption case with a court. This preliminary determination, also referred to as the PAIR process, provides foreign courts and relevant Taiwan authorities with information regarding a child’s likely eligibility to immigrate to the United States before the court enters an order establishing a permanent legal relationship between the U.S. citizen parent(s) and the child.

The Taiwan Child Welfare Bureau issued an administrative order effective April 1, 2013 requiring adoption service providers to include a PAIR letter with the filing of an adoption proceeding with a Taiwan court. To enable prospective adoptive parents adopting from Taiwan to comply with Taiwan’s new administrative order, USCIS issued a policy memorandum allowing prospective adoptive parents to file a Form I-600 (Petition to Classify Orphan as an Immediate Relative), before filing an adoption proceeding with a Taiwan court.

Following the receipt of a PAIR letter from USCIS and subsequent issuance of a foreign adoption decree, prospective adoptive parents must submit the foreign adoption decree and the child’s travel and identity documents to the American Institute in Taiwan (AIT) which will then complete the final approval of their Form I-600 and issuance of a visa. If AIT finds the case is not clearly approvable, it will return the case to USCIS for further action. Prospective adoptive parents should pay special attention to the process described below as it differs from other non-Hague and Hague countries.

Please note again: Beginning on April 1, 2013, the Taiwan authorities will require a PAIR letter from USCIS in all U.S. adoption cases.

The United States does not have formal diplomatic relations with Taiwan. All Consular and other representative functions are handled by AIT, a non-profit, private corporation authorized by the Taiwan Relations Act to conduct and carry out programs, transactions, and other relations between the United States and Taiwan.

We strongly urge prospective adoptive parents to only work with licensed adoption facilitators in Taiwan. The use of unlicensed facilitators in Taiwan could result in an adoption being carried out in a manner that does not permit the child to qualify as an orphan as defined under U.S. immigration law. If the child does not qualify as an orphan under U.S. immigration law, he or she may be found to be ineligible to immigrate to the United States. It is important for prospective adoptive parents to confirm that the adoption service provider they choose is authorized to facilitate adoptions in Taiwan by checking with Taiwan’s adoption authority, the Child Welfare Bureau. Please see the Information below in the “Choose and Adoption Service Provider” section.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Taiwan, 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 orphan under U.S. immigration law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.

Who Can Adopt

In addition to U.S. immigration requirements, you must also meet the following requirements in order to adopt a child from Taiwan:

Residency

There are currently no residency requirements that prospective adoptive parents must meet in order to adopt an orphan from Taiwan.

Age of Adopting Parents

Prospective adoptive parents (PAPs) must be at least twenty years older than the child to be adopted. If married, one spouse must be at least twenty years older than the child to be adopted and the other spouse must be at least 16 years older than the child to be adopted.

Marriage

A married person who adopts a child shall do so jointly with his/her spouse. Single individuals may adopt from Taiwan.

Income

Prospective adoptive parents must have a stable residence, legitimate employment and sufficient financial means.

Other

There is no official policy or law prohibiting adoptions by LGBT individuals. Taiwan law does not recognize marriage between partners of the same sex.

Who Can Be Adopted

How to Adopt

Adoption Authority

The Process

Traveling Abroad

Applying for Your U.S. Passport

A valid U.S. passport is required to enter and leave Taiwan. 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 Taiwan, 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 Taiwan, 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

SOURCE

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