From the U. S. State Department

May 26, 2010

Caution About Pursuing Adoption in Nepal

The U.S. Department of State strongly discourages prospective adoptive parents from choosing adoption in Nepal because of grave concerns about the reliability of Nepal’s adoption system and the accuracy of the information in children’s official files.  The Department also strongly discourages adoption service providers from accepting new applications for adoption from Nepal until reforms are made, and asks them to be vigilant about possible unethical or illegal activities under the current adoption system.

The Hague Conference on Private International Law recently released a report on its Intercountry Adoption Technical Assistance Program, based on a visit by a delegate from the Hague Conference’s Permanent Bureau to Nepal in November 2009, available at (http://www.hcch.net/upload/wop/nepal_rpt09.pdf).  This report is the result of an independent analysis of Nepal’s intercountry adoption system under the new Terms and Conditions put in place in 2008.  The report details a number of weaknesses in Nepal’s adoption system, including ongoing concern about the falsification of documents, improper financial gain, and lack of a child protection system.

Although the U.S. Embassy in Nepal has only seen a handful of adoption cases since the new Terms and Conditions went into effect, we share many of the concerns outlined in the Hague report.  As a case in point, in one of the first cases processed by the Government of Nepal after the revision of the Terms and Conditions, the U.S. Embassy in Kathmandu found that the adopted child was not a true orphan and that the birth parents were actively searching for the child.

We encourage parents who have filed an application with the Ministry of Women, Children and Social Welfare (MoWCSW) in Nepal, but have not yet been matched with a child or received an Adoption Decree issued by the Government of Nepal, to consider a change of countries. The United States Citizenship and Immigration Services (USCIS) allow one change of country to be made in connection with one’s I-600A application without fee.  A request to change countries should be made in writing to the USCIS Field Office where the I-600A was originally filed.  More information about how to request a change of country can be found on the USCIS website at www.uscis.gov (Any subsequent request for a change of country would require a fee.).

Hague-accredited U.S. adoption services providers, and adoption service providers that may apply for Hague accreditation in the future are reminded that their actions in facilitating and/or processing adoptions in any country (whether Hague or non-Hague) will be evaluated during the Hague accreditation or accreditation renewal processes in accordance with the accreditation regulations (22 CFR Part 96), including whether, among other things, the provider has established and rigorously followed ethical adoption practices and operates in the best interest of prospective adoptive children.

Consular Officers are required to conduct an I-604 investigation to verify the child’s orphan status prior to immigrant visa processing.  We generally rely upon the host government’s diligence to protect the safety and interests of their own children through careful administration of their national adoption process and use the I-604 investigation to confirm that this process has been followed.  Because Nepal’s adoption process is questionable, it can be very difficult to satisfy the requirements of the I-604 investigation.  Thus, these investigations could take a matter of months.  Prospective adoptive parents are advised that they need to have flexible travel plans and be prepared to stay in Nepal while awaiting the results of the I-604 investigation or plan to make two trips (one to finalize the adoption and a second after the I-604 investigation is completed to bring their child home.)

When an I-600 is adjudicated by USCIS in the United States, consular officers must then conduct an I-604 investigation once the approved petition reaches the Embassy in Nepal to verify the child’s orphan status prior to immigrant visa processing.  For I-600 applications filed at the U.S. Embassy in Kathmandu, the I-604 investigation is initiated after the prospective adoptive parents have appeared before a consular officer to sign the application.

Both DOS and USCIS recognize that it would be preferable for the I-604 investigations to be completed earlier in the process.  However, under current procedures, the U.S. Embassy cannot begin the I-604 investigation until the PAPs have filed their I-600 application and have submitted the necessary documents pertaining to the adoptive child, such as police reports, newspaper announcements and certification of orphan status. The Department of State and USCIS are currently in discussion about possible ways to revise the procedures under U.S. Government control to mitigate this problem.

The U.S. Embassy in Kathmandu continues to meet with officials within the Government of Nepal and with other foreign missions concerning the current status of adoptions in Nepal.  The February 25, 2010 joint statement issued by the International Adoption Working Group (an ad hoc group of Embassies in Nepal who have an interest in intercountry adoption issues) may be found at http://nepal.usembassy.gov/pr-2-24-2010.html. Adoptive parents may contact the Embassy at adoptionsnepal@state.gov if they have questions. Please continue to monitor http://adoption.state.gov for updated information as it becomes available.

From the U. S. State Department

May 24, 2010

On May 17, 2010, U.S. Embassy Branch Office Almaty confirmed that the Ministry of Education of Kazakhstan has instructed Kazakhstan’s Embassy in Washington and Consulate General in New York not to accept new intercountry adoption dossiers.  The Ministry said the moratorium on new adoption cases will remain in effect until Kazakhstan implements a system that is compliant with the Hague Adoption Convention; Kazakhstan intends to put such a system in place by September 2010.  Kazakhstani officials have said the moratorium will not affect adoptions that are already in process.

As of today, Adoption Options has received $525 in donations to benefit children in Kyrgyzstan. We would like to express our deapest thanks to the donors! If you have any questions, please do not hesitate to contact the Executive Director, Brent Yoder.

Dear Representatives of Adoption Agencies:

Please be advised that you must use the new I-600 as of June 2^nd.  The old version will no longer be accepted by USCIS. You may find this form on the USCIS website, at http://www.uscis.gov/files/form/i-600.pdf

Sincerely,
Immigrant Visa Unit
US Embassy Moscow, Russia
www.russian.moscow.usembassy.gov

Dear Adoption Options Families:

As some of you may know, we have done adoptions from Kyrgyzstan, but this program has been on hold for almost two years pending the implementation of new adoption laws and regulations.  Unfortunately, last month the government was overthrown and Kyrgyzstan is in the process of replacing its government.  We know that this delay in adoptions has caused an overflow in the orphanages.  As is consistent in all countries when the country is going through difficult times the orphans suffer disproportionately.   We have become aware of desperate plea from the Kyrgyzstan government for public assistance for food for the orphanages.  Please read:

In children’s homes and boarding schools of Kyrgyzstan shortage of a food is observed On April, 10th 2010, 17:37

CA-NEWS (KG) – In subordinated children’s homes and in the boarding schools of the Ministry of Education a shortage of food now is observed due to the lack of financial aid.

The coordinator of the social sector, public relations and mass media of the Provisional government of Kyrgyzstan, Elmira Ibraimova addresses all businessmen and people that are not indifferent to render feasible help with this problem.

As of April, 1st, 2010 the mentioned establishments have 3776 children, girls — 1617, boys — 2159, children in special needs establishments — 2521, girls — 1084, boys — 1437, children in children’s houses-boarding schools for children-orphans — 1255, girls — 533, boys — 722.

To think of children going hungry is almost beyond comprehension.  In response to this request, Adoption Options would like to sponsor a donation drive to purchase food for the children.  We are asking you to consider sending money to support this effort to supply food.  Adoption Options is in the process of arranging for food purchases in Kyrgyzstan for the orphanages.  100% of your donation will go towards the purchasing of the food.  Please send your donations to and make checks payable to:

Adoption Options, Inc.

note: Kyrgyzstan Orphan Relief

411 Camino Del Rio South, Suite 200

San Diego, CA 92108

In the meantime Adoption Options will be contacting the US State Department for assistance in assuring that we can get the relief to the orphanage.  Unfortunately, since Kyrgyzstan is so poor, we need to make certain your donations do not get intercepted and used for something else.  We appreciate your consideration of this issue.  Also please consider reaching out to others to help such as schools, churches, etc.  Let us all, who know how important these children are, offer our help to these children in need.

Warm regards,

Brent E Yoder

Executive Director

From the U. S. State Department

May 13, 2010

A U.S. interagency team held meetings to discuss an adoption agreement with their Russian counterparts on May 12.  The meetings are ongoing and will continue on May 13.  The initial talks were positive, productive and conducted in a spirit of cooperation.  Both sides are interested in taking steps to increase the safeguards for adopted children.  The discussions were technical in nature because they involve domestic laws of two countries.  There is still important work to be done and this continues to be a high priority for both governments.

It is our understanding that there has been no change in the status of on-going inter-country adoptions originating from Russia.  Many thousands of Russian children, who were not adopted by Russian families, have found loving, safe and permanent homes in the United States through inter-country adoption.  We are pleased to be discussing with the Russian government a future approach to ensure intercountry adoptions continue.

Prospective adoptive parents should be aware that in some parts of Russia, adoptions continue to be slowed down or delayed.

If you have completed an adoption in Russia and have an immigrant visa appointment at the U.S. Embassy in Moscow:
The U.S. Embassy in Moscow is continuing to schedule and issue immigrant visas for adopted children using normal processing procedures.  Contact the Embassy at MoscowConsularR@state.gov to schedule an appointment.  Please also stay in close touch with your adoption service provider.

If you have a court appointment to finalize your child’s adoption in Russia:
Many adoption cases are continuing to move forward in the courts.  We have heard of cases in which a court appointment has been postponed.  If your court appointment is postponed by the court, please provide this information to us by email at
RussiaAdoption@state.gov and MoscowConsularR@state.gov. Neither the Department of State nor the U.S. Embassy have the authority to intervene with the Russian courts on any individual case and cannot provide a letter for use in the courts.  Adoption service providers and/or legal representatives in Russia may be able to make inquiries about your case on your behalf with Russian courts.

If you do not yet have a court date to finalize an adoption in Russia, but are in the process of adopting from Russia: Please stay in close contact with your adoption service provider, and check the adoption.state.gov website regularly for current information about intercountry adoption from Russia.

The Department of State’s Office of Children’s Issues has established a special e-mail box for inquiries or comments about adoptions from Russia.  Prospective adoptive parents and others with concerns about adoptions from Russia may send their questions to
RussiaAdoption@state.gov.  Prospective adoptive parents may also provide complete contact information for themselves, including full address, phone number, and e-mail information, the name of their adoption service provider (if available) and details about the child they are planning to adopt.

From U.S. State Department

Caution About Pursuing Adoption in Nepal

May 4, 2010

 The U.S. Embassy in Kathmandu was closed on May 3 and will be closed on May 4 and 5 due to a nationwide strike.  The closure may continue thereafter, depending on whether the strike continues and what the situation warrants.  The Consular Section has scheduled back-up appointment dates as follows:  If you are scheduled for an immigrant visa interview on Tuesday, May 4^th, please come for your immigrant visa interview on Friday, May 14 at 13:00.  If you are scheduled to pick up your immigrant visa and travel packet on Thursday, May 6^th, and the Embassy is closed, please come to pick up your immigrant visa on Thursday, May 13^th at 14:00.  For additional information regarding consular services, please carefully read the full announcement that is posted on the Embassy’s website  at: http://nepal.usembassy.gov/pr-04-30-2010.html.  Please continue to monitor the Embassy website for updated information.

The U.S. Department of State strongly discourages prospective adoptive parents from choosing adoption in Nepal because of grave concerns about the reliability of Nepal’s adoption system and the accuracy of the information in children’s official files.  The Department also strongly discourages adoption service providers from accepting new applications for adoption from Nepal until reforms are made, and asks them to be vigilant about possible unethical or illegal activities under the current adoption system.

The Hague Conference on Private International Law recently released a report on its Intercountry Adoption Technical Assistance Program, based on a visit by a delegate from the Hague Conference’s Permanent Bureau to Nepal in November 2009, available at (http://www.hcch.net/upload/wop/nepal_rpt09.pdf).  This report is the result of an independent analysis of Nepal’s intercountry adoption system under the new Terms and Conditions put in place in 2008.  The report details a number of weaknesses in Nepal’s adoption system, including ongoing concern about the falsification of documents, improper financial gain, and lack of a child protection system.

Although the U.S. Embassy in Nepal has only seen a handful of adoption cases since the new Terms and Conditions went into effect, we share many of the concerns outlined in the Hague report.  As a case in point, in one of the first cases processed by the Government of Nepal after the revision of the Terms and Conditions, the U.S. Embassy in Kathmandu found that the adopted child was not a true orphan and that the birth parents were actively searching for the child.

We encourage parents who have filed an application with the Ministry of Women, Children and Social Welfare (MWCSW) in Nepal, but have not yet been matched with a child or received an Adoption Decree issued by the Government of Nepal, to consider a change of countries.  The United States Citizenship and Immigration Services (USCIS) allow one change of country to be made in connection with one’s I-600A application without fee.  A request to change countries should be made in writing to the USCIS Field Office where the I-600A was originally filed.  More information about how to request a change of country can be found on the USCIS website at www.uscis.gov  (Any subsequent request for a change of country would require a fee.).

Hague-accredited U.S. adoption services providers, and adoption service providers that may apply for Hague accreditation in the future are reminded that their actions in facilitating and/or processing adoptions in any country (whether Hague or non-Hague) will be evaluated during the Hague accreditation or accreditation renewal processes in accordance with the accreditation regulations (22 CFR Part 96), including whether, among other things, the provider has established and rigorously followed ethical adoption practices and operates in the best interest of prospective adoptive children. 

Prospective adoptive parents who currently have active files at the Ministry of Women, Children and Social Welfare and who may already have an approved I-600 (Petition to Classify an Orphan as an Immediate Relative) from a USCIS Domestic Field Office may experience significant difficulties and delays.  When an I-600 is adjudicated by USCIS in the United States , consular officers must then conduct an I-604 investigation once the approved petition reaches the Embassy in Nepal to verify the child’s orphan status prior to immigrant visa processing.  Depending upon the circumstances of a case, this investigation may take up to several months to complete, even if the I-600 petition is already approved.  We generally rely upon the host government’s diligence to protect the safety and interests of their own children through careful administration of their national adoption process and use the I-604 investigation to confirm that this process has been followed.  Because the Nepali adoption process is questionable, it can be very difficult to satisfy the requirements of the I-604 investigation.  When we cannot do so, we must return the case to USCIS with a recommendation that the I-600 approval be revoked. 

Both DOS and USCIS recognize that it would be preferable for the I-604 investigations to be completed earlier in the process.  However, under current procedures, the U.S. Embassy cannot begin the I-604 investigation until the prospective adoptive parents have a signed Adoption Decree issued by the Government of Nepal, and the Government of Nepal will not issue an Adoption Decree until the prospective adoptive parents are in Nepal.  Thus, prospective adoptive parents are currently faced with the need to either make two trips to Nepal or to spend an extended period in-country while awaiting the results of the I-604 investigation.  DOS and USCIS are currently in discussion about possible ways to revise the procedures under U.S. Government control to mitigate this problem.

The U.S. Embassy in Kathmandu continues to meet with officials within the Government of Nepal and with other foreign missions concerning the current status of adoptions in Nepal.  The February 25, 2010 joint statement issued by the International Adoption Working Group (an ad hoc group of Embassies in Nepal who have an interest in intercountry adoption issues) http://nepal.usembassy.gov/pr-2-24-2010.html.  

Adoptive parents may contact the Embassy at adoptionsnepal@state.gov if they have questions about the status of their case.

The Russian news today reported the DUMA (Russian Parliment) voted to continue adoptions to Americans.  The Russian authorities decided that they did not want to stop these adoptions as most of them are successful.  They recognize the majority of adoptions have both happy parents and happy children.  They indicated that they are concerned about the welfare of the children.  In order to protect children they indicated that both countries should promote more openness.  A commitment was offered to work on removing some of the barriers that protect privacy of important information on children so that important information will be fully disclosed to adopting parents.  Russian officials are very pleased with the meeting that occurred last week with the US State Dept.  and indicated that the next meeting on May 12^th will only be for additional discussion and that an agreement will take several months to formalize.We are moving forward with your adoptions.  Please let me know if you have any questions.

Warm regards,

Brent E Yoder