Information for Travelers

Adoption in Albania

PLEASE NOTE: 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 licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL:

The following is a guide for U.S. citizens who are interested in adopting a child in Albania and applying for an immigrant visa for the child to come to the United States. This process involves complex Albanian and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met for the protection of the prospective adoptive parent(s), the biological parents(s) and the children. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Albania before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION:

Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

ADOPTION AUTHORITY:

The government office responsible for adoptions in Albania is the Albanian Adoption Committee.

ADOPTION PROCEDURES:

Individuals may not deal directly with the Albanian Adoption Committee or with individual orphanages or biological parents. The Albanian child must have a certificate from the Albanian Adoption Committee stating that s/he is adoptable. This means that the child has been in an orphanage for at least six months with no contact from his/her biological parents, and that the orphanage has been unsuccessful in placing the child with an Albanian family. The prospective adoptive parents may not go to an orphanage to select a child without authorization from the Albanian Adoption Committee. (Authorized local adoption agencies, i.e. International Children's Alliance, or Bethany Christian Services, can contact the Albanian Adoption Committee to obtain authorization for the prospective adoptive parents to visit an orphanage). In general the Committee will propose a child whom the prospective adoptive parents may accept if they wish.

In addition, the final court decision and the child's travel documentation cannot be issued until 13 days after the court date. The child must remain in Albania during these 13 days, although s/he may reside with the adoptive parents during that time. Please remember: when traveling to the U.S. with your newly adopted child, since the child is an Albanian citizen, s/he will need to obtain a transit visa from the embassy of the country of transit in order to be permitted to travel through. The country of transit cannot issue this transit visa until the child is issued a travel document (such as a passport). In many cases the transit visa application may take several days to process. (Note: this procedure is separate from the U.S. immigrant visa process.) Therefore, prospective adoptive parents should be prepared to arrive in Albania a day or two before the court date and to remain afterwards for approximately three weeks.

AGE AND CIVIL STATUS REQUIREMENTS:

Under Albanian law, prospective adoptive parents must be a minimum of 18 years older than the adopted child. Both married and single prospective adoptive parents are permitted. Note: Under U.S. law, at least one parent must be 25 years old or older (at least 24 years old at the time he or she files the advanced processing application and at least 25 years old at the time he or she files the orphan petition).

ADOPTION AGENCIES AND ATTORNEYS:

All adoptions must be processed by an adoption agency accredited by the Albanian Adoption Committee. Currently, two U.S. adoption agencies have been accredited:

Bethany Christian Services
901 Eastern Avenue, NE
Grand Rapids, Michigan 49503-1295
Tel: (616) 459-6273
Fax: (616) 459-0343

International Children’s Alliance
1101 17th Street, NW, Suite 1002
Washington, D.C. 20036
Tel: (202) 463-6874
Fax: (202) 463-6880
Email: adoptionop@aol.com

DOCTORS:

The following physicians are authorized by the U.S. Embassy to perform immigrant visa medical examinations:

Dr. Dritan Muzha
Panel Physician
Bulevardi Gjergj Fishta, Kulla I, Kati I,
Tirana, Albania
Tel (Mobile): +355 68 202 4950

Dr. Dritan Cela
Panel Physician
Perballe Lokalit “Trendafili i Bardhe”
200 Metra Poshte Ekspozites “Shqiperia Sot”
Tirana, Albania
Tel (Mobile): + 355 68 204 2668

DOCUMENTARY REQUIREMENTS:

• A written request clearly stating the reasons why he/she/they want(s) to adopt a child;
• Birth certificate, marriage certificate of the adopting parent(s), divorce decree and former spouse's death certificate as applicable;
• Police records of the adopting parent(s);
• Personal, family, social and medical information on the adopting parent(s);
• Home Study (An evaluation study on the adopting family made by a social worker);

All the above-mentioned documents are submitted to one of the adoption agencies accredited by the Albanian Adoption Committee.

AUTHENTICATION OF DOCUMENTS:

As of May 9, 2004, the Republic of Albania is a party to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. The Convention abolishes the requirement of diplomatic and consular legalization for public documents originating in one Convention country and intended for use in another. For the purposes of the Convention, public documents include: (a) documents emanating from a court, (b) documents issued by an administrative authority (such as civil records), and (c) documents executed before a notary. Such documents issued in a Convention country which have been certified by a Convention certificate called an "apostille" are entitled to recognition in any other Convention country without any further authentication.  Documents should be authenticated as described below.

AUTHENTICATION PROCESS:

There are three levels of U.S. competent authorities authenticate U.S. documents under the Convention: one for Federal agencies, one for U.S. (federal) courts, and one for state documents, including documents executed before notaries.

1. Federal Executive and Administrative Agencies: Authentications Office, Department of State, 518 23rd St., N.W., Washington, D.C. 20520, (202) 647-5002 Fee: $5.00. For additional information, call the Federal Information Center: 1-800-688-9889, and choose option 6 after you press 1 for touch-tone phones. Walk-in service is available from the Authentications Office from 8 a.m. to 12 noons Monday-Friday, except holidays. Walk-in service is limited to 15 documents per person per day (documents can be multiple pages). Processing time for authentication requests sent by mail is 5 working days or less. See also, the State Department home page: http://www.state.gov/ See also in general, 22 C.F.R. 131.
   
2. U.S. Courts: Clerks and Deputy Clerks of the Federal Court System. Fee: $5.00.
   For the purposes of the Convention, clerks and deputy clerks of the U.S. Courts shall include the clerks and deputy clerks of the following: The Supreme Court of the United States, the Courts of Appeals for the First through the Eleventh Circuits and the District of Columbia Circuit, the United States District Courts, the United States Court of Claims, the United States Court of Customs and Patent Appeals, the United States Court of International Trade, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, and the District Court for the Northern Mariana Islands.
   
3. States, Territories and Other Jurisdictions: Each state and other jurisdiction in the United States (District of Columbia, Puerto Rico, American Samoa, U.S. Virgin Islands, Commonwealth of the Northern Mariana Islands, Guam).
   

U.S. IMMIGRATION REQUIREMENTS:

An Albanian 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 may not immigrate to the U.S. as an orphan even if legally adopted by a U.S. citizen. There are two distinct categories of immigrant visas available to orphans adopted by U.S. citizens. The two categories are Immediate Relative 3 (IR-3) and Immediate Relative 4 (IR-4). An IR-3 is issued when a child is adopted under the laws of a foreign country. An IR-4 is issued when a child will be adopted in the United States (American parents have custody of a child to take him or her to the United States to be adopted in the United States). An IR-4 is also issued when state pre-adoption requirements require that a child be adopted in that state or if both parents have not seen the child. 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.

If an adopted child has not resided with and been in the legal custody of the adoptive parent for at least 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.  The main requirements of this section are as follows:

• The child must be under the age of 16 at the time an I-600 Petition is filed with the INS on his or her behalf.
• The child meets the U.S. immigration law definition of “orphan” either because:
  (a) The child has no parents because of the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents**; or
  (b) The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption.
• The adopting parents must have completed a full and final adoption of the child (for IR-3) or must have legal custody of the child to take the child to the United States for emigration and adoption (for IR-4).
  

**Prospective adopting parents should note that the terms “disappearance of both parents,” “abandonment by both parents,” “desertion by both parents,” “separation from both parents,” and “loss from both parents” all have specific legal meanings defined in section 204.3(b) of Title 8 of the U.S. Code of Federal Regulations.  Whether a child qualifies as an orphan under any of these categories is determined by reference to the U.S. regulatory definitions and not by any local (foreign) law designations that may be used to identify a child as orphaned.

The adopting parent(s) must meet the following INS 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 in the Department of Homeland Security (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 in the Department of Homeland Security (BCIS) office having jurisdiction over their place of residence. 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 Tirana. An approved I-600A is valid for 18 months.

DOCUMENTARY REQUIREMENTS FOR THE I-600A:

1. Approved Form I-600A (Application for Advance Processing of Orphan Petition);
2. Fingerprints of each prospective adoptive parent on Form FD-258;
3. Proof of the prospective petitioner’s United States citizenship;
4. Proof of the marriage of the prospective petitioner and spouse, if applicable;
5. Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable;
6. A “home study” completed by the appropriate State organization with a favorable recommendation;
7. Filing fee of U.S. $670.

The I-600 is filed at the U.S. Embassy in Tirana, Albania, after an adoptive parent has legal custody of a child. If an I-600A has already been approved, there is no fee. However, if parents are adopting two or more biologically unrelated children, there will be a $670 fee for the second child.

DOCUMENTARY REQUIREMENTS FOR THE I-600:

1. Form I-600 (Petition to Classify Orphan as an Immediate Relative);
2. Proof of the orphan’s age;
3. Death certificate(s) of the orphan’s parent(s), if applicable;
4. Proof that the orphan’s sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan only has one parent;
5. A final decree of adoption, if the orphan has been adopted abroad;
6. Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage;
7. Proof that the pre-adoption requirements, if any, of the state of the orphan’s proposed residence have been met, if the orphan is to be adopted in the United States.
8. Filing fee of U.S. $670.

Detailed information about filing these forms can be found on the BCIS web site at http://www.uscis.gov/. U.S. citizens who have adopted or hope to adopt a child from Albania should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Tirana, Albania as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the adoption agency chosen by the adoptive parent(s) to carry out the adoption and provide additional instructions on the immigration process. 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 United States.

THE ORPHAN INVESTIGATION:

One part of the petition process, which 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 U.S. immigration law and to identify any significant medical condition not shown on the petition. A consular officer at the U.S. Embassy in Tirana, Albania will conduct this interview.

VISA PROCESSING:

The I-600 is filed at the U.S. Embassy Tirana, Albania, after an adoptive parent has legal custody of a child, i.e. after the court decision on the adoption is final. The Embassy will issue a medical appointment letter to the adoptive parent(s) for the required medical examination of the adoptive child (children) prior to the immigrant visa application. Upon completion of the adoptive child's (children's) medical examination, the Embassy will schedule an appointment for the adoptive parent(s) and the adoptive child (children) to come to the Embassy's Consular Section to apply for the immigrant visa. At the time of the immigrant visa application the adoptive parent(s) must present the following:

1. Albanian passport for the adoptive child (children);
2. Birth certificate for the adoptive child (children) reflecting the names of biological parents;
3. Birth certificate for the adoptive child (children) reflecting the names of the adoptive parent(s);
4. Final court decree of abandonment of the child (children);
5. Final court decree of the adoption;
6. Medical examination report.
   

NATURALIZATION:

Under the Child Citizenship Act of 2000, which became effective on February 27, 2001, children automatically become U.S. citizens when all of the following requirements have been met:  at least one parent is a U.S. citizen; the child is under 18 years of age; there is a full and final adoption of the child; and, the child is admitted to the United States as an immigrant. A foreign–born child who enters the United States on an Immediate Relative (IR-3) visa, the child automatically becomes a U.S. citizen. A foreign-born child who enters the United States on an IR-4 visa and is adopted in a U.S. court, the child will become a U.S. citizen when the adoption is finalized in the United States (the child will be a legal permanent resident until then). For further information, please consult with the consular section at U.S. Embassy Tirana or the nearest office of the Bureau of Citizenship and Immigration (BCIS) of the U.S. Department of Homeland Security.  Additional information is available at http://www.travel.state.gov/childcitfaq.html

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.

QUESTIONS:

Specific questions regarding adoption in Albania may be addressed to the Consular Section of the U.S. Embassy in Albania, Tel: +355-(0)4-224-7285; Fax: +355-(0)4-237-4957; E-mail: TiranaUSConsulate@state.gov. Parents may also contact the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, and 2201 C STREET, NW, WASHINGTON, D.C.  20520-4818, Tel: (202)-312-9700 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, (202) 312-9700.
  + State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225.
  + Immigration and Naturalization Service - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
  
• Automated fax - contains the full text of the office’s international adoption information flyers and general information brochure, International Adoptions.  From the telephone on your fax machine, call (202) 647-3000.
  
• 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 - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports.  The information is available 24 hours a day by calling the State Department’s Office of Overseas Citizens Services at (202) 647-5225.  The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the Internet website, as above.
  
• Call Center -Toll Free Hotline:  Overseas Citizens Services in the Bureau of Consular Affairs (CA/OCS) has established a toll free hotline for the general public 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 calls from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328.  Persons seeking information or assistance outside of these hours, including weekends or holidays should call 1-202-647-5225.
  
• The OCS hotline can answer general inquiries regarding international adoption and will forward calls to the appropriate Country Officer.  For specific information, please call the Office of Children's Issues public phone number at 1-202-312-9700 during normal working hours.