Kazakhstan Adoption: Communication
Kazakhstan Adoption: Economy
Kazakhstan Adoption: Geography
Kazakhstan Adoption: Government
Kazakhstan Adoption: Military
Kazakhstan Adoption: People
Kazakhstan Adoption: Transportation
Kazakhstan Adoption: US Embassies
Kazakhstan Adoption: Visa Stats

THE CHILDREN

Children up to 16 years of age are available for adoption in Kazakstan. As is often the case in international adoption, national residents are given priority regarding infant adoption. Consequently, babies will be approximately 4 to 6 months old before becoming available for foreign adoption.

Because of the country’s unique history and location within Central Asia, both Caucasian and Asian children are available for adoption. Additionally, both boys and girls are available for adoption.

Although it is not necessary that a child have medical or developmental disabilities to be eligible for international adoption, adopting parents should consider all children adopted internationally to be special needs. Due to the effects of institutionalization, adoptive parents should expect some developmental delays.

ELIGIBILITY TO ADOPT

All prospective families must complete an application and adoption agreement, submit any required fees, have their home study approved by a licensed Social Worker, and receive approval from the U.S. Citizenship and Immigration Services (USCIS) before becoming fully eligible to adopt.

In accordance with the USCIS gudelines, all Kazak adoption laws, and Orphans Adoption mission and by-laws, married couples and single individuals greater than 25 years of age will be considered.

The adoption law in Kazakstan requires that adoptive parents are a minimum of 16 years older than the adoptive child. Although not specifically stated in the law, families with many children are only considered on a case-by-case basis. Please contact the Orphans Adoption office for questions in this regard.

ADOPTION PROCESS

Step 1 - Complete Orphans Adoptions Application and Adoption Agreement, and submit $250 Application Fee.
Step 2 - Select Homestudy Agency and complete required paperwork.
Step 3 - Homestudy completed by social worker and sent to BCIS for approval.
Step 4 - Submit BCIS application to local branch office.
Step 5 - Begin Kazakstan Foreign Dossier.
Step 6 - Receive BCIS approval.
Step 7 - Dossier sent to Kazak Consulate for authentication.
Step 8 - Dossier sent to Kazakstan for referral (generally 3-6 weeks).
Step 9 - Family travels to Kazakstan to complete adoption.

PROGRAM COST

$13,550*: This fee includes a $250 application fee, $5,000 agency fee, $8,000 foreign fee, and a $300 refundable registration fee.



Note: The total includes fees paid directly to Orphans Adoptions. USCIS application, document authentication and translation, vital record documents, passports and visa fees, and travel expenses incurred to, from, and in-country have not been included. Please contact Orphans Adoption if you would like an estimate of these fees.

A Kazakhstani child adopted by a U.S. citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. The child must be an orphan, as defined by U.S. immigration regulations. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by a U.S. Citizen. The Department of State encourages U.S. citizens to verify that a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by BCIS is described below and can also be found on the BCIS web site at http://www.uscis.gov.

If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. This section requires that the child be:

Under the age of sixteen at the time a petition is filed on his behalf OR under the age of eighteen at the time the petition is filed, provided that child is the natural sibling of an orphan under the age sixteen who is being or was adopted by the same petitioner(s); and

An orphan 1) because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents or 2) for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption.
Note: According to Kazakhstani Law, to become available for adoption by foreign citizens, the child must have been registered in the Ministry of Education database for children left without parental care for not less than three months.

And who either 1) has been adopted abroad by a US citizen and spouse jointly, or by an unmarried US citizen at least 25 years old, who personally saw and observed the child prior to or during the adoption proceedings (Visa Category IR3), or 2) is coming to the US for adoption by a US citizen and spouse jointly, or by an unmarried US citizen at least 25 years old, who have or has complied with the pre-adoption requirements, if any, of the child's proposed residence (Visa Category IR4)
Note: Most judges interpret Kazakhstani law to require that both parents if the adoptive parents are a married couple, or the one parent if the adoption is by a single parent, must travel to Kazakhstan to personally select the child and petition for adoption. Therefore most adoptions in Kazakhstan result in a category IR3 immigrant visa.

The adopting parent(s) must meet the following BCIS requirements in order to file the I-600 petition for the immigrant visa for an adopted child:
If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption
If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age
The adoptive or prospective adoptive parent must be a U.S. citizen.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

The Petition

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services (BCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services (BCIS) office having jurisdiction over their place of residence in the United States. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Almaty.

Documentary Requirements for the I-600A
Approved Form I-600A (Application for Advance Processing of Orphan Petition)
Fingerprints of each prospective adoptive parent on Form FD-258
Proof of the prospective petitioner’s United States citizenship
Proof of the marriage of the prospective petitioner and spouse, if applicable
Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable
A “home study” completed by the appropriate State organization with a favorable recommendation
Filing fee of U.S. $460.00

Detailed information about filing these forms can be found on BCIS's web site at http://www.uscis.gov. U.S. citizens who have adopted or hope to adopt a child from Kazakhstan should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Almaty, Kazakhstan as soon as the I-600A or I-600 is approved. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from a BCIS office in the US.

The Orphan Investigation

One part of the petition process that BCIS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 (Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. The I-604 investigation is designed to verify the child's status as an orphan and reduce the possibility of adoption fraud.

Upon completion of the Kazakhstani adoption court decision, parents should be in possession of the following documents that are required by the U.S. Embassy in Almaty for issuance of the I-604 Report of Orphan Investigation.

To determine the age and identity of the child:
The original or an official copy of the child's original birth certificate (showing biological parents). "Official" means a copy of the known authentic original birth certificate with a city official's seal certifying its authenticity. The local Office of Registration of Acts of Citizenship and Marriage (the Russian abbreviation is ZAGS) can execute the official copy.
The original new Kazakhstani birth certificate for the child (showing adoptive parents).
The child's Kazakhstani passport.

To determine that that child has been legally adopted in Kazakhstan:
The original adoption approval decree from a local or regional civil court. This court decision must bear original signatures and court seals.
The original adoption certificate showing that the child was adopted by American parents and now bears their family name.

To determine that the child is an orphan as defined by U.S. immigration law:
The original certificate or letter signed by the sole or surviving biological parent irrevocably and unconditionally relinquishing all parental rights to the child. If the Court or the Ministry of Education holds the original certificate, the U.S. Embassy will accept a copy with the seal of the court or the Ministry of Education (whichever one holds the original).
If the father's name appears on the birth certificate, but the child was registered by the mother only, adoptive parents are required to provide the Certification (Spravka) from ZAGS saying that the father's name was written according to the mother's words.
If no parental relinquishment letter exists (No. 6), an original written explanation from the maternity hospital or local police station describing how and when the child was abandoned and a certification from the police or the Address Bureau that the mother could not be located is required. If the hospital statement or other document provides an address for the mother, there must also be a statement from the adoption agency representative indicating that s/he has visited the address and the mother is not residing there.
An original letter from the organization or person last having custody of the child granting permission for the adoption. This letter should also provide information as to whether the biological parents or relatives have ever tried to contact the child.
If parental rights were taken away by means of court decree, the original or an official copy of that decree/certificate must be submitted.
If either parent is deceased, the original or an official copy of the death certificate and a cause of death should be included.

To determine the health history of the child:
A copy of the child's medical records from the orphanage or maternity hospital that cared for the child.

Should adoptive parents experience problems acquiring any of these documents, please contact the Consular Section prior to the appointment to discuss the problem. Coordinators or parents must bring originals and one copy of the following documents and their English translations to the U.S. Embassy Almaty Consular Section by 4 p.m. at least one business day prior to the immigrant visa interview.

The Immigrant Visa Application
In addition to the documents above that are required for the orphan investigation, the following documents should be submitted to the U.S. Embassy in Almaty by 4 p.m. at least one business day prior to the immigrant visa interview.

The child’s Kazakhstani passport.

of the parents’ U.S. passports. The originals should be brought to the interview.

The medical examination form in a sealed envelope from the Panel Physician. If all vaccination requirements are not met, an Affidavit Regarding Vaccinations of Adopted Child signed by either parent and notarized by a U.S. notary must also be submitted

Form I-600 (the "blue" form) completed and signed by the petitioner and, if applicable, the petitioner’s spouse. Under 8 CFR 204.3(g)(2)(ii) the I-600 petition must be filed overseas in person by the petitioner, so the petitioner must attend the interview or otherwise file it in person at the Consular Section prior to departing Kazakhstan. The I-600 can NOT be filed by an escort or the non-petitioner parent via power of attorney. If the petitioner can not file the I-600 in person at the Consular Section, the I-600 must be filed at the BCIS office having jurisdiction over the petitioner’s place of residence and after the Kazakhstani adoption is completed the BCIS office will forward the approved petition to the Consular Section. (Note: It is usually faster for the petitioner to file the I-600 in person at the Consular Section than to file it domestically in the U.S.). There is no fee if an I-600A has already been filed. However, if adopting more two or more non-sibling orphans, there will be a $332.00 fee for each additional child.

Form DS-230 (the "white" form) - Application for Immigrant Visa. This form should be completed from the perspective of the adopted child, not the adoptive parents. One adoptive parent (or an escort holding a power of attorney) will sign the last page in front of the consular officer at the interview.

Form I-604 (investigation form). This form should be completed by parents. This form must contain information about the child before adoption, most specifically how the child came to be an orphan.

FOR IR4 CASES ONLY (i.e. if one of the parents did not see the child in person prior to the completion of the Kazakhstani adoption process): I-864 - Affidavit of Support, photocopies of last 3 year's tax returns and proof of current employment. The tax returns do not have to be notarized, but you have to provide complete sets. If you are adopting more than one child, you must submit a separate I-864 and set of financial documents for each child.

IF ONLY ONE MARRIED ADOPTIVE PARENT will attend the immigrant visa interview, that parent should present photographs of the other parent with the child in order to establish that the other parent personally saw the child prior to completion of the Kazakhstani adoption.

IF NO ADOPTIVE PARENT will attend the immigrant visa interview, the parents should provide a power of attorney notarized by a US notary to the person who will complete the immigrant visa processing and escort the child back to the U.S. The escort should present the POA and pictures of both parents will the child. Also, please read item 11 carefully and consult the Consular Section early in the process if the requirements regarding I-600 filing. An escort can NOT file an I-600 overseas on your behalf. The petitioner must file the I-600 in person overseas or file it domestically with BCIS. Note: When selecting an escort, please bear in mind that a Kazakhstani citizen must hold a current U.S. visa and if he/she does not currently hold one there is no guarantee that he/she will qualify for one.

Embassy Almaty is unable to begin processing an adoption case until the file is complete. To ensure that we are able to help adoptive parents process the visa for their adopted child as quickly as possible, please be sure that documents are well organized and that forms DS-230, I-604 and I-600 are completed prior to submitting them at the Embassy.

YOUR VISIT TO KAZAKHSTAN: In addition to a valid Kazakhstani visa (obtainable from the Kazakhstani Embassy in Washington, DC), travelers are required to register with the local Office of Visas and Registration (OVIR) in the city of their point of entry or the first city in which they are visiting if their stay in that city is three days or longer and each subsequent city if the stay is longer than three days. The fee for registration is nominal (currently 20 U.S. dollars but subject to change) and requires the traveler's passport. Visa registration is usually handled by the local facilitator of the adoption case. Travelers should also have written proof that they have passed an HIV test within one month prior to their arrival in Kazakhstan. The HIV test can be conducted locally, but it is advisable to have the test conducted prior to arriving in Kazakhstan.

Prospective parents should anticipate delays due to Kazakhstani bureaucratic and administrative processing. Flight delays are also a common problem.

NATURALIZATION: The Child Citizenship Act of 2000 allows for the automatic acquisition of U.S. citizenship for foreign adopted children of U.S. citizens. If a foreign - born child was adopted abroad and entered the United States on an Immediate Relative (IR) -3 visa, the child automatically becomes a U.S. citizen. If a foreign-born child enters the United States on an IR-4 visa and is adopted in a U.S. court or the state of parents’ residence otherwise acknowledges a foreign adoption as equal to a state adoption, the child will become a U.S. citizen when the adoption is finalized. (The child will be a legal permanent resident until then).

WHAT SHOULD I BRING TO KAZAKHSTAN?
U.S. citizens intending to adopt are encouraged to bring all original paperwork regarding the adoption. Documents include: Originals and copies of both parents' U.S. passports, marriage certificate, divorce certificates (if applicable), and birth certificates. Parents should also consider bringing: Proof of the approved I-600 petition that the BCIS forwards to the immigrant visa section of the U.S. Embassy in Almaty; health certificates; documentation supporting a completed home study, and copies of parents' last three income tax returns. The home study, particularly if translated into Russian, can help ease concerns of local officials. Some parents have brought photo albums (and maps) of their hometown, friends and neighbors to show to the children and/or orphanage directors to help reassure local officials about the children's new homes in America; these materials are helpful but not required. Russian translations of these documents may also be helpful.

Parents may also want to bring clothing, medicine (many children have mild skin rashes), toys, diapers and food for the adopted children. Since most orphaned children are not accustomed to riding in vehicles, parents may want to be prepared for dealing with motion sickness. Supplies of all these items are severely limited in local markets. On a lighter note, parents should bring plenty of reading material to help pass the time.

CONTACT INFORMATION FOR EMBASSIES:

KAZAKHSTAN EMBASSY IN THE UNITED STATES:
Embassy of the Republic of Kazakhstan
1401 16th Street, NW
Washington, DC 20036
Tel: 202-232-5488
Fax: 202-232-5845
http://www.Kazakhstaniembus.com
Kazakhstaniembusa@earthlink.net

U.S. EMBASSY IN KAZAKHSTAN:
ATTN: Consular Section, Adoptions
Embassy of the United States of America
99/97A Furmanova Street
Almaty, Kazakhstan 480001
Tel: 7-3272-63-39-21 or 7-3272-63-24-26
Fax: 7-3272-50-62-69
http:// www.usembassy-Kazakhstan.freenet.kz
Adoption E-Mail: AdoptionsAlmaty@state.gov
General Consular E-mail: ConsularAlmaty@state.gov

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions. The BCIS publication is available at the BCIS Web site. The Department of State publication can be found on the Bureau of Consular Affairs Web site under “International Adoptions” (see link below to return to International adoptions page).

QUESTIONS: Specific questions regarding adoption in Kazakhstan may be addressed to the Consular Section of the U.S. Embassy in Kazakhstan. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, Tel: 1-888-407-4747 with specific questions.

Information is also available 24 hours a day from several sources:

Telephone - Office of Children's Issues - recorded information regarding changes in adoption procedures and general information, 1-888-407-4747- State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202)663-1225.- Bureau of Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet - the Consular Affairs web site, at: http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

BCIS web site - http://www.uscis.gov

Other information:

Consular Information Sheets - The State Department has general information about hiring a foreign attorney and authenticating documents which may supplement the country-specific information provided in this flier. 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.

July 2003