Adopting from Bosnia and Herzegovina

Hague Convention Information

Bosnia and Herzegovina 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).

While there is nothing in Bosnian law that specifically prohibits foreigners from applying to adopt a Bosnian child, the law stresses that there must be overwhelming justification and exceptionally compelling reasons for a foreigner to be permitted to do so. The definition of "overwhelming justification" is judged on a case-by-case basis. The law says specifically that a foreign citizen may be an adoptive parent "if the adoption is in the best interest of the child and if the child cannot be adopted in Bosnia and Herzegovina.”

Bosnia and Herzegovina have two distinct procedures for adoption: a full adoption implies a permanent relationship between the adopted child and adopting parents equal to a blood relationship. Only a child up to the age of 10 can be adopted fully. Partial adoption implies all the rights and duties that exist between the adopting parents and adopted children under the law, although it does not affect the rights and duties of the adopted child and his/her biological parents and other relatives. A partial adoption does not irrevocably terminate the biological parent(s) – child relationship and, therefore, a partial adoption is not an adoption for U.S. immigration purposes.

Who Can Adopt

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

Residency

While Bosnian law does not specifically prohibit foreigners from applying to adopt a Bosnian child, it does stress that there must be overwhelming justification and exceptionally compelling reasons for a foreigner to be permitted to do so. The definition of "overwhelming justification" is judged on a case-by-case basis. The law says specifically that a foreign citizen may be an adoptive parent "if the adoption is in the best interest of the child and if the child cannot be adopted in Bosnia and Herzegovina.”

Age of Adopting Parents

Prospective adoptive parents must be between 25 and 45 years old and must be at least 18 years older than the child. If there are justified reasons, a prospective adoptive parent may be older than 45, but the age difference between the parent and child must not be greater than 45 years.

Marriage

In addition to married couples, common-law marriage partners who have lived together for at least 5 years or single prospective adoptive parents may adopt; however, the latter cases are the exception. Bosnia and Herzegovina law does not provide for the possibility of adoption by LGBT persons or same sex couples.

Income

This is not specified in the Family Law; however, it is considered by Social Services Centers when they conduct the home study.

Other

Persons falling into any of the following groups are prohibited from adopting Bosnian children: persons whose parental rights have been taken away; persons with a limited or no ability to work; persons who provide insufficient guarantees that they will raise the child correctly; persons who are mentally ill, or suffering from any illness that could endanger the health and life of the adopted child; relatives of the first bloodline.

After Adoption

SOURCE

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