International Adoption

INTERCOUNTRY ADOPTION – Moldova

February 2007

Disclaimer:  The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

PLEASE NOTE:  Adoption in Moldova can be a complicated process, sometimes involving long waits.  Moldovan adoption law gives preference to Moldovan citizens and citizens of countries that have implemented the 1993 Hague Convention on Intercountry Adoption.  The United States intends to ratify and implement the Convention in 2007.

The Government of Moldova temporarily suspended intercountry adoptions for most of 2005 as the new National Committee for Adoptions (NCA) reaccredited all active adoption agencies operating in Moldova.  In early 2006, the NCA allowed reaccredited adoption agencies to process cases and several families completed their adoptions.  However, Moldova has not passed a comprehensive adoption law and, on June 27, 2006, the Moldovan Constitutional Court ruled that the creation and existence of the NCA were unconstitutional. The U.S. Embassy is working with Moldovan officials to clarify the status of intercountry adoptions from Moldova.  This flyer will be updated as more information becomes available.

Immigrant visas for Moldovan citizens, including adopted Moldovan orphans, are issued by the U.S. Embassy in Bucharest, Romania.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.:  Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Moldovan orphans.

 

Fiscal Year	Number of Immigrant Visas Issued
FY 2006	16
FY 2005	54
FY 2004	32
FY 2003	12
FY 2002	7

Intercountry adoptions are permitted in exceptional cases, when no relatives or other Moldovan families are able to adopt orphans or become their guardians.  Children who have health or developmental problems that Moldovan families cannot afford to treat are also considered exceptional cases.

Information about children eligible for adoption is published in the Monitorul Official, the Moldovan government’s official register.  For the first six months after this information is published, an adoptable child is eligible only for domestic adoption by Moldovan citizens.  After six months, an adoptable child is eligible for intercountry adoption.  Prospective adoptive parents may indicate the sex and range they prefer.

Prospective adoptive parents may indicate the sex and age range they prefer.

Adoption Authority in MOLDOVA:

Ms. Eugenia Gonciar
General Director
The National Committee for Adoption

# 1, Piata Marii Adunari Nationale, room # 661
Chisinau, Moldova
Tel:  (373 22) 250 158
Fax:  (373 22) 250 439           

The National Committee for Adoption was created on February 10, 2005 by the Moldovan Government.  However, a new adoption law is needed to clearly establish the role and limits of the NCA and its General Director.  Local judges who review and approve adoption cases have resisted NCA involvement and have continued to independently rule on adoption cases.   Throughout 2006 the U.S. Embassy sought clarification if a new adoption law would be completed and brought to the Moldovan Parliament.  Unfortunately the new adoption law is still in the “Drafting Phase” and has not been brought forward for consideration.

Eligibility Requirements for adoptive Parents:  The minimum age requirement for adoptive parents is 25, and the maximum is 50, unless one of the couple is under the age of 50.  Married couples and single people may adopt; unmarried couples may not adopt from Moldova.

The following conditions disqualify prospective adoptive parents from adopting in Moldova: HIV/AIDS, psychological and behavioral disorders, drug addiction, chronic alcoholism, chronic somatic diseases (disability of the 1st and 2nd degree), various forms of cancer, Hepatitis B, C or D.  The following conditions may temporarily disqualify a person from adopting: sexually transmitted diseases, tuberculosis and severe virulent diseases.

ResidenCY Requirements:  There are no residency requirements for foreign adoptive parents.  

Time Frame:  An adoption can take six to nine months to complete from the time a child is matched with prospective adoptive parents until the completion of the adoption.  

Adoption Agencies and Attorneys:  Prospective adoptive parents are required to use an accredited adoption agency when adopting in Moldova.  There are seven U.S.-based adoption agencies accredited by the National Committee for Adoption:

Carolina Adoption Services
301 North Elm Street, Suite 500
Greensboro, NC 27401-2189
Tel: 336-275-9660
Fax: 336-273-9804

1601 Oak St., Suite 107
Myrtle Beach, SC 29578
Tel: 1-800-632-9312 (in-state callers)
Email: info@carolinaadoption.org
Internet: http://www.carolinaadoption.org/

Special Additions
P.O. Box 10
19055 Metcalf Ave
Stilwell KS 66085 USA
Tel: 913-681-9604
Fax: 913-681-0748
Email: specialadd@aol.com
Internet: http://www.specialad.org/

Spence Chapin Services
6 East 94th Street
New York, NY 10128-0698
Tel: 212-369-0300
Fax: 212-722-0675
Internet: http://www.spence-chapin.org/

World Links, Inc.
425 Spruce Street, Third Floor
Scranton, PA 18503
Tel: (570) 344-8890
E-mail: world@worldlinksadoption.org
Web: http://www.worldlinksadoption.org

Hand in Hand International Adoptions
931 East Southern Avenue, Suite 108
Mesa, AZ 85204
Tel: (480) 892-5550
Fax: (480) 892-7322
World Wide Web: http://www.hihiadopt.org/
E-mail: arizona@hihiadopt.org
Intercountry Program - Child Placement

Children's House International
P.O. Box 1829,
Ferndale, WA 98248
Tel: (360) 380-5370
Fax: (360) 383-0640
E-mail: Chi4adopt@aol.com
Internet: www.childrenshouseinternational.com

Bal Jagat Children’s World, Ink
5199 E. Pacific Coast Hwy, Suite # 204
Long Beach, CA 90804
Phone: (562) 597-5029
Fax: (562) 597-7696
Email: baljagat@verizon.net
Web: www.baljagat.org

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.  Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.

Adoption Fees in Moldova:  There is a government fee of 1,500 euros for each adopted child and cost of airfare for adoption-related travel.  Separate attorneys’ fees can vary greatly.

ADOPTION PROCEDURES:  To begin the adoption process, a registered adoption agency, through its Moldovan representative, forwards the foreign prospective adoptive parents’ file to the National Committee for Adoption. (See the list of required documents below.) The Committee in turn forwards the file to the Education Directorate in the district where a prospective adoptable child resides.

The local Inspector for the Protection of Children’s Rights in the district, together with a physician and the director of the orphanage, examines the file and matches the family with an eligible child.

The prospective adoptive parents are then provided with complete, official information about the child, including health and family background.  The Moldovan representative sends the prospective parents this information including photographs or a video of the child.  The representative will also send answers from the Moldovan authorities to all additional questions the prospective adoptive parents may have about the child.  The prospective parents have the option to refuse a prospective adoptive child.  If they do so, they must inform the Moldovan authorities in writing of their decision.

If the prospective parents agree to accept the child, they send a letter to the Committee through their agency’s representative, acknowledging that they are aware of any specific health or other problems, and accept the child.  The orphanage receives a copy of the letter the Committee.

The district’s Directorate of Education must then approve the prospective adoption and provide full information on the adoptive parents and the adoptive child to the Committee. If approved, the Directorate of Education will forward a Notice of Approval of Adoption to the Committee.  The Committee will then decide whether to approve the adoption. Although prospective adoptive parents do not need to travel to Moldova to meet the prospective adoptive child at the time of the acceptance of the match, both parents must appear in court in Moldova to finalize the adoption.

The approved adoption file then proceeds to the court system through the district’s Inspector for the Protection of Children’s Rights.

Once the adoptive parents satisfy the Moldovan adoption requirements, a judge must grant a final adoption.  The Moldovan government will then allow the child to leave Moldova.  The adoptive parents can change the child’s name and request a new birth certificate (listing their names as parents) at the Moldovan Civil Registry office.  Afterwards, the adoptive parents need to apply for a passport for the child at the Moldovan passport office.

Documents Required for Adoption in Moldova:

The adoption application should contain:

• name; year, month and day of birth; residence of the prospective adoptive parent(s);
  
• name; year, month and day of birth; residence of the child to be adopted,
  
• information about the biological parents and siblings of the prospective adoptive child;
  
• request to change name and place of birth (in the case of adoption of a child who is 1 year of age or over), and register the adoptive parents as the birth parents on the child’s birth certificate;

The following documents shall be attached to the application:

• A copy of the adoptive parent’s birth certificate, if the adoption is solicited by an unmarried person;
• A copy of the marriage certificate of the adoptive parents if the adoption is solicited by a married couple;
  
• The written consent of the spouse or, proof of the legal termination of any prior marriage (such as a final decree of divorce), if applicable;
• Doctor’s certificate of the prospective adoptive parents (see the “Eligibility Requirements for Adoptive Parents” section above for medical ineligibilities);
• Employment certificate, including the occupation, years of service, and income;
• An authenticated copy of the prospective adoptive parent’s Deed of Sale or lease agreement;
• The court presiding over the adoption may require additional documents, including criminal records, if applicable; and

Approval by the prospective adoptive parents’ government and permission for the adopted child to reside in their new country of residence. An approved Form The I-600A will meet this requirement.

All documents must be properly authenticated and translated into the State language.
Two copies of all the above-listed documents must be submitted together with the adoption application. 

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  The language describing the process of authenticating U.S. documents to be used abroad is currently under review.  Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html

MOLDOVAN EMBASSY IN THE UNITED STATES:

2101 S. Street N.W.
Washington, D.C. 20008

Tel: (202) 667-1130/1/7
Fax: (202) 667-1204
E-mail: moldova@dgs.dgsys.com

U.S. Immigration Requirements:  Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site.  The Department of State publication International Adoption can be found on the Bureau of Consular Affairs Web site, travel.state.gov, under “Intercountry Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.

ORPHAN INVESTIGATIONS AT THE U.S. EMBASSY IN CHISINAU:  An orphan investigation (Form I-604, Report on Overseas Orphan Investigation) is required in all orphan adoption cases and serves to verify that the child is an orphan as defined by U.S. immigration law.  A consular officer at the U.S. Embassy in Moldova will conduct this investigation.

In order to be prepared for the I-604 interview at the U.S. Embassy in Chisinau, adoptive parents must have their U.S. passport and the following documentation and the corresponding English language translations:

• A certified copy of the child's original Moldovan birth certificate;
• The child's new birth certificate;
• The letter of recommendation on the adoption from the NCA;
• The final decree of adoption;
• The child's Moldovan medical report;
• Proof the child’s orphan status; and
• A statement from the orphanage that the child has not been visited by anyone, including known or suspected relatives, for at least the last six months.

This I-604 adoption interview with a consular officer is an important part of the intercountry adoption process. It is an opportunity for a consular officer in Moldova to see the locally generated documentation on each adoption, to review the information with the adoptive parents, and to send advance information to the U.S. Embassy in Bucharest, Romania. If there is a problem with an adoption, the consular officer in Moldova will be able to discuss it with the adoptive parents and try to find a solution to the problem BEFORE the adoptive parents and their new child travel to Bucharest for the child's immigrant visa interview.

After the I-604 interview at Embassy Chisinau, the adoptive parents and their newly adopted child proceed to the American Embassy in Bucharest, Romania.  Embassy Chisinau is open Monday through Friday from 8:00 a.m. to 5 p.m.  Please call the Embassy to schedule an appointment for the I-604 interview in advance. 

U.S. EMBASSY IN MOLDOVA:  Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel. Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate. By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency. The Consular Section is located at:

103, A. Mateevici Street
Chisinau, Moldova MD 2009
Tel: (373 22) 408 300
Fax: (373 22) 226 361
E-mail: Chisinau-ca@state.gov
Internet: www.moldova.usembassy.gov 

APPLYING FOR AN IMMIGRANT VISA FOR AN ADOPTED CHILD AT THE U.S. EMBASSY IN BUCHAREST:  Once the I-604 investigation is complete, the adoptive child and parents must travel to Bucharest, Romania, to apply for an immigrant visa for the United States.  In general, applying for the immigrant visa involves submission of DS-230 application forms, evidence that the I-600 and/or I-600A have been approved, and a review of information obtained during the I-604 investigation. Consular officers will also ensure that the child has a valid passport for travel to the United States, a satisfactory medical exam from a panel in Bucharest, and evidence of financial support, if applicable.  Please visit the web site for the U.S. Embassy in Bucharest for more information on immigrant visa application procedures at http://bucharest.usembassy.gov/Visas/Immigrant.html.

Note:  Due to security procedures, the immigrant visa is generally issued 24 hours after the final interview.  Prospective adoptive parents are therefore cautioned not to make travel plans on the same day or the day immediately following the immigrant visa interview. 

U.S. EMBASSY IN BUCHAREST, ROMANIA:  The Immigrant Visa Unit is located at:

Street Nicolae Filipescu nr. 26
Bucharest, Romania
Tel: (40 21) 200 3300
Fax Immigrant section: (40 21) 200 3505
Email: visasbucharest@state.gov
Internet: http://bucharest.usembassy.gov/  

ACQUIRING U.S. CITIZENSHIP:  The language describing the acquisition of U.S. citizenship for adopted children is currently under review.  Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.

ADDITIONAL INFORMATION:  Specific questions about adoption in Moldova may be addressed to the U.S. Embassy in Chisinau.  Questions about applying for an immigrant visa should be directed to the U.S. Embassy in Bucharest.  General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, and toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:

• Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
• U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet:

·        Adoption Information Flyers:  The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.

·        Consular Information Sheets:  The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Consular Information Sheets (CIS’s) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CIS for that country, the State Department may issue a Public Announcement alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.

·        USCIS web site - http://uscis.gov/.