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Adopting from Bhutan
Source: cia.gov.
Source: cia.gov.
Source: cia.gov.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
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
Hague Convention Information
Bhutan is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Therefore, when the Hague Adoption Convention entered into force for the United States on April 1, 2008, intercountry adoption processing for Bhutan did not change.
Effective January 1, 2012, the Government of Bhutan temporarily suspended all intercountry adoptions pending approval of the Child Protection Act of 2012. The Child Protection Act will clarify adoption procedures and help ensure the best interests of the child. No timeline has been provided as to when the adoption bill will be passed. Please monitor the Adoption.state.gov for additional developments.
Who Can Adopt
To bring an adopted child to United States from Bhutan, you must be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn more.
In addition to these U.S. requirements for prospective adoptive parents, Bhutan also has the following requirements for prospective adoptive parents:
Residency
There is no specific residency requirement but the prospective adoptive parents should meet the child before adoption. The prospective adoptive parents have to be physically present at the time of the completion of the adoption.
Age of Adopting Parents
The age difference between the child and the prospective adoptive parents must be 25 years or more.
Marriage
Married couple with a stable relationship, age, financial and health status with reasonable income to support the child should be evident in the Home Study Report. Single persons (including widowed and divorced persons) may not adopt.
Income
None.
Other
Bhutan does not permit same-sex couples to adopt.
A second adoption from Bhutan will be considered only when the legal adoption of the first child is completed.
Who Can Be Adopted
Bhutan has specific requirements that a child must meet in order to be eligible for adoption. You cannot adopt a child in Bhutan unless he or she meets the requirements outlined below.
In addition to these requirements, a child must meet the definition of an orphan under U.S. law for you to bring him or her back to the United States. Learn more about these U.S. requirements.
ELIGIBILITY REQUIREMENTS:
Relinquishment Requirements: A document with a legal stamp is required from the biological parents indicating that they have willingly relinquished their child for adoption. Photo identification of the biological parents is also required.
Abandonment Requirements: When the biological parents decide to relinquish their child up for adoption, they must first contact National Commission for Women and Children (NCWC). If the child is not yet born or is newly born, the hospital will forward the information to NCWC. In both cases the biological parents' identification will be available with NCWC for adoption purposes. As mentioned above the parents must provide a document with a legal stamp indicating that biological parents have willingly relinquishing the child for adoption. To date NCWC has not received a single case where the child has been abandon by the biological parents.
Age Requirements: According to the present established convention, a child must be below five years of age. However, the draft Children Adoption bill, expected to be passed into law shortly, will alter the age range when a child may be adopted. Under the new law, children between the ages of 6 months and 18 years may be adopted. Children under the age of 6 months may not be adopted (Note: In order for a child to emigrate to the U.S. on an orphan immigrant visa, the prospective adoptive parents must file an I-600 application before a child reaches age 16. The only exception is when a child over the age of sixteen and under the age of 18 is being adopted together with a sibling or siblings under the age of 16.)
Sibling Requirements: No requirements.
Requirements for Special Needs or Medical Conditions: Per NCWC if the child available for adoption is of special needs or has medical conditions, the NCWC and the court will verify if the prospective adoptive parents agree to the match and have arrangements in place to handle the special/medical needs of the child.
Waiting Period: Per information given by National Commission for Women and Children (NCWC), there is no specific waiting period for adoption. If the contracting parties (Biological parents and adoptive parent) agree and have met the requirements set forth by the law then the adoption will proceed to the court for an adoption order.
How to Adopt
Adoption Authority
Bhutan's Adoption Authority
The National Commission for Woman and Children (NCWC)
Please note: There are no orphanages in Bhutan, so prospective adoptive parents should be sure to go through the National Commission for Women and Children (NCWC). Guardianships are not allowed from Bhutan, only full and final adoptions. Prospective adoptive parents must be present in court at the time of the granting of the full and final adoption order.
The Process
The process for adopting a child from Bhutan 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 Bhutan
- Apply for the Child to be Found Eligible for Adoption
- Bring Your Child Home
1. Choose an Adoption Service Provider
The first step in adopting a child from Bhutan is usually to select a licensed agency in the United States that can help with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. Learn more about choosing the right adoption service provider.
2. Apply to be Found Eligible for Orphan Status
To bring an adopted child from Bhutan to the United States, you must apply to be found eligible to adopt (Form I-600A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn how. In addition to meeting the U.S. requirements for adoptive parents, you need to meet the requirements of Bhutan as described in the Who Can Adopt section.
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 Bhutan will provide you with a referral to a child. Each family must decide for itself whether or not it will be able to meet the needs of a particular child and provide a permanent family placement for the referred child. The child must be eligible to be adopted according to Bhutan’s requirements, as described in the Who Can be Adopted section. The child must also meet the definition of an orphan under U.S. law. Learn more.
4. Adopt the Child in Bhutan
The process for finalizing the adoption (or gaining legal custody) in Bhutan generally includes the following:
- ROLE OF THE ADOPTION AUTHORITY: N/A
- ROLE OF THE COURT: Only the court of law issues adoption court orders. Or intercountry adoptions, the prospective adoptive parents must appear before a High Court for clearance.
- ROLE OF ADOPTION AGENCIES: There are no adoption agencies or adoption attorneys in Bhutan. The National Commission for Woman and Children (NCWC) is the only authority which handles adoption issues in Bhutan.
- ADOPTION APPLICATION: Prospective adoptive parents must register with the National Commission for Woman and Children. The NCWC maintains an informal register of children who are eligible for international adoption. They are working on a more formalized database. If the prospective adoptive parents have pre-identified a child, they may inform the NCWC and provide them with the details of the child. The NCWC will then collect the documents required to complete an adoption and review the file. If the NCWC approves of the match, it will forward the case to the court registrar. The court registrar will review the documents and schedule a court date for the prospective adoptive parents to appear in front of the judge.
- TIME FRAME: There are no orphanages in Bhutan, so the main delay is in identifying a child eligible for adoption. The courts (Thrimkhangs) normally take approximately two weeks to issue a court order for an adoption- assuming all the appropriate permissions have been received and the appropriate paperwork has been filed.
- ADOPTION FEES: The U.S. Embassy in New Delhi, India (which handles all visas for Bhutan) discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents. Such fees have the appearance of “buying” a baby and put all future adoptions in Bhutan at risk.
- DOCUMENTS REQUIRED: Prospective adoptive parents must contact the NCWC and submit the following documents:
- 1. A Home Study by a recognized organization in the prospective adoptive parents' country of residence (note that in the U.S., each state also regulates adoption service providers, so prospective adoptive parents should also ensure that their adoption service provider is registered in their home state).
- 2. Medical fitness certificate for both adoptee parents (physical and psychological) if it is not mentioned in the home study.
- 3. Annual financial statements on income earned.
- 4. A statement that includes:
- a) Certification that once the adoption process is completed, the child will become a full-fledged citizen of the country s/he is being adopted into, and will be accorded all of the rights and privileges as others citizens.
- b) Certification that once the adoption process is completed the child will be accorded the same rights and privileges as a biological child of the prospective adoptive parents.
- c) Certification that progress reports on the child will be carried out by a certified and recognized organization and shall be submitted directly to the NCWC (preferably) or to the nearest Bhutanese Embassy or Mission or Consulate for onward submission to the NCWC. These progress reports are required annually until the child turns 18 years of age. NOTE: According to the NCWC, they would prefer that this statement come from the U.S. Embassy in New Delhi. They would also accept a notarized statement from the prospective adoptive parents as a second best option. The NCWC is still not decided if a blanket letter from the U.S. Embassy would be sufficient for all cases or if they require a letter for each individual child.
- 5. Passport copies of prospective adoptive parents.
- 6. (2) passport size photographs of prospective adoptive parents.
- 7. Marriage certificate of prospective adoptive parents.
- 8. After the adoption is completed, the adoption service provider must provide follow up reports on an annual basis until the child turns 18 years old.
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.
5.Apply for the Child to be Found Eligible for Orphan Status
After you finalize the adoption (or gain legal custody) in Bhutan, the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) MUST determine whether the child is eligible under U.S. law to enter the United States as a lawful permanent resident (Form I-600). 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 several 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. Your name will be added to the new birth certificate.
The birth certificate of the child is usually made to be produced before the court along with other relevant document. The court will issue its order upon satisfaction of the parties and only upon production of required evidence including the birth certificate issued by the hospital.
- 2. Bhutan Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from Bhutan. The passport and other travel documents are issued by the Ministry of Foreign Affairs. The adoptive parent(s) must produce an adoption order issued by the court of law to apply for the child’s passport.
- 3. U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child, you also need to apply for an U.S. visa from the United States Embassy in New Delhi, India for your child. After the adoption is granted, visit the U.S. Embassy for final review and approval of the child’s I-600 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. Learn more.
Parents who do not have an approved I-600A must file their Form I-600 (Petition to Classify Orphan as an Immediate Relative) with the USCIS office having jurisdiction over their place of residence in the United States.
Parents who have an approved I-600A may file Form I-600 either in the U.S. or at a USCIS office in the country where the immigrant visa will be issued. If there is no USCIS office in that country, the I-600 may be filed with the consular section of the U.S. Embassy or Consulate where the adoption case is being processed.
After the Immigrant Visa Unit, American Embassy, New Delhi receives the approved From I-600 from the National Visa Center (NVC):
- 1. The Embassy will forward the information regarding the immigrant visa interview to the prospective adoptive parents or adoption service provider. The information will include the documents required for the processing of visa, fees and medical report from the Embassy's panel physician.
- 2. On the day of interview prospective adoptive parents or adoption service provider will come to the Embassy with the child. At the interview, a Consular Officer will verify that all requirements under the U.S. laws have been fulfilled. If everything is okay, the Consular Officer will approve the case.
- 3. Alternatively, if Embassy New Delhi receives an approved Form I-600A from NVC, then:
- 4. The prospective adoptive parents contact the United States Citizenship and Immigration Service office (USCIS) in New Delhi to file the Form I600.
- 5. Once USCIS New Delhi approves the Form I600, the prospective adoptive parents contact the Immigrant Visa Unit, Consular Section, U.S. Embassy New Delhi for information on the required documents, fees, and medical examinations for the immigrant visa.
- 6. On the next working day after receiving the information noted above, the prospective adoptive parents and the child will be interviewed in the Consular Section at the Embassy. At the interview, a Consular Officer will verify that all requirements under U.S. law have been fulfilled. If everything is okay, the Consular Officer will approve the visa.
NOTE: Visa issuance after the final interview now generally takes at least 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview. Adoptive parents should verify current processing times at with Embassy New Delhi before making final travel arrangements.
Child Citizenship Act
For adoptions finalized abroad: The Child Citizenship Act of 2000 allows your child to acquire U.S. citizenship automatically when he or she enters the United States on an IR-3 immigrant visa as lawful permanent resident.
For adoptions finalized in the United States: The Child Citizenship Act of 2000 allows children who enter the United States on an IR-4 immigrant visa to acquire U.S. citizenship when a U.S. state court issues the final adoption decree.
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
Applying for Your U.S. Passport
U.S. citizens are required to enter and depart the U.S. on a valid U.S. passport. 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 Bhutan, 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 Bhutan registration assists the U.S. Embassy or Consulate in reaching you.
Registration is free and can be done online.
After Adoption
What does Bhutan require of the adoptive parents after the adoption?
After completion of the adoption, the adoption service provider must provide child update reports annually until the child turns 18 years of age.
We strongly urge you to comply with the wish of Bhutan and complete all post-adoption requirements in a timely manner. Your adoption agency may be able to help you with this process. Your cooperation will contribute to that country’s history of positive experiences with American parents.
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
NOTE: Inclusion of non-U.S. Government links does not imply endorsement of contents.
Contact Information
U.S. Embassy in New Delhi
American Embassy Shantipath, Chanakya Puri New Delhi – 110 021 INDIA Telephone number: 091-011-24198000 or 24198062 (this number is answered from 10AM to 12 Noon IST) Fax number: 091-011-24198407 Email address: ACSnd@state.gov – For American Citizens Services IVnd@state.gov – For Immigrant Visa Unit Website: U.S. Embassy New Delhi
Bhutan's Adoption Authority
The National Commission for Women and Children (NCWC) Post Box 556 Thimpu, BHUTAN Tel: 00975-2-334549/334550 Contacts: Rinchen Chopel, Executive Director E-mail: Rinchophel@gmail.com Pema Galmo, Assistant Program Officer E-mail: Pgalmo@gmail.com
Consulate of Bhutan
Bhutan Consulate General 2 U.N. Plaza, 27th Floor New York, NY 10017 Telephone: (212) 826-1919 Fax: (212) 826-2998
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 E-mail: AskCI@state.gov Internet: U.S. Department of State
U.S. Citizenship and Immigration Services (USCIS)
For questions about immigration procedures, call the National Customer Service Center (NCSC) 1-800-375-5283 (TTY 1-800-767-1833)
SOURCE
Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information[1]