Adoption
After Traveling to Kazakhstan
- Selection of a Child: There is no such thing as a "referral" or "pre-identification" in Kazakhstan. Even though the prospective adoptive parents may wish to adopt a particular child, the Government of Kazakhstan does not match a child to the parents or in any way "assign" them a child until they arrive in Kazakhstan, select a child in person, and apply to the court to adopt the child. Information about medical histories of the children and other pertinent information will be available only at the orphanage during selection of the children. Kazakhstani law requires that orphans be registered with the Ministry of Education Committee on the Protection of Children's Rights for at least six months before they are eligible for adoption. Prospective parents are required to have a minimum 14 days of personal contact with the orphan before formally submitting an adoption application. This means that prospective parents must stay in the town where the orphan is living and visit the orphan on a regular basis during this two-week period. Nearly all Kazakhstani jurisdictions require that in the case of married petitioners, both parents be present for the entire 14-day bonding period.
- Filing in Court: Once all legal requirements are fulfilled, prospective adoptive parents may submit their adoption application to the civil court that will decide whether to grant the adoption. The adoption application to the Kazakhstani court should include (but is not necessarily limited to):
Letter of intent to adopt a child in the Republic of Kazakhstan. This letter should be addressed to the court and the local Committee on the Protection of Children's Rights. The form of this letter must be provided to you by your adoption facilitators. In the letter adoptive parents need to specify the region and/or city where they intend to adopt children, while on the dossier stage parents are required to express general intent to adopt in Kazakhstan.
Commitment from the Family to Kazakhstan Adoption Law. Prospective adoptive parents must commit to: (a) maintaining the child's Kazakhstani citizenship until s/he turns 18, (b) submitting post-placement reports annually until the child turns 18, and (c) allowing Kazakhstani officials to visit the child up to twice a year until the child turns 18. Click here for a sample letter.
Home Study. A licensed home study agent/agency in the prospective parents' U.S. state of residence must perform the home study. The report must be notarized and must include copies of the current (unexpired) licenses of both the home study agency and the family's social worker.
Home Study Agency post placement commitment prepared by a HS Agency Social Worker. The social worker must agree to conduct post-placement visits and file post-placement reports to the Kazakhstani government once a year until the child turns 18.
Home Study Agency letter of recommendation. The agent/agency that conducts the prospective adoptive parents' home study should also provide a separate, notarized "Letter of Favorable Recommendation." The same person who signed the home study should sign this letter, and the same notary who notarized the home study documents should notarize it.
Adoption Agency "Certificate of Approval". The adoption agency assisting an American family with an adoption from Kazakhstan must provide a signed and notarized "certificate of approval" concurring with the home study report.
Adoption Agency License. Notarized true copy.
Commitment from the Family to Follow-Up Visits. The adoption agency can provide the prospective parents the appropriate form, on which the parents commit to allowing the Kazakhstani government to monitor the child's living conditions and educational development.
Commitment from the Family on Post-Placement Reporting. The adoption agency can provide the prospective parents the appropriate form, on which the parents commit to providing the Kazakhstani government annual reports on the child's development until the child turns 18.
Commitment from the Family to Register the Child. The adoption agency can provide the prospective parents the appropriate form, on which the parents commit to registering the child, immediately following the finalization of the adoption, with the Kazakhstani Ministry of Foreign Affairs. (This must be done before the child leaves Kazakhstan.)
Notarized Copies of each Prospective Adoptive Parent's Passport. Both copies may appear on a single sheet of paper, but the notarial seal MUST OVERLAP both passports.
Marriage Certificate. If the prospective adoptive parents are married, they must provide a notarized, certified copy of their marriage certificate, issued by the appropriate state office.
FBI Background Checks. Each prospective adoptive parent must obtain his/her own background check. The local police department in the prospective parents' place of U.S. residence will be able to do take the fingerprints (one set per person). Mail the cards with a letter to the FBI requesting a clearance check for the purpose of intercountry adoption. Adoption agencies with experience working abroad are familiar with this process and will guide prospective parents on how to do this.
Medical Forms. Each prospective adoptive parent's physician must copy the medical form (which may be found at http://kazakhembus.com/Medical_Form.doc ) onto his/her letterhead and complete it.
Employment Letters. Each prospective adoptive parent must have his/her employer provide a typewritten letter, signed by a company officer (not a bookkeeper or secretary) and written on company letterhead, attesting to the prospective parent's annual (not hourly) salary. Prospective adoptive parents who are self-employed should have his/her business accountant provide the letter, attesting to the business's financial stability.
Financial Statements (Affidavits). Each prospective adoptive parent must complete and sign (notarized) a form attesting to his/her overall financial situation. Adoption agencies can provide this form.
Bank letter. Each prospective adoptive parent must provide a signed, notarized letter from his/her bank, attesting to the existence of bank accounts and noting that the parent(s) is/are customers in good standing.
Home Ownership. Prospective adoptive parents who own their own home should obtain from their U.S. adoption agency the appropriate form on which to have a banker, CPA or financial services firm provide a signed and notarized statement regarding the parents' home ownership.
Notification from USCIS of Petition Approval. This will be either an "I-171H" or an "I-179C" form. Prospective adoptive parents must take the original of this form, along with a notarized true copy, with them when they travel to Kazakhstan.
Powers of Attorney. The U.S. adoption agency with which a prospective adoptive parent is working will provide a form(s) on which the parent(s) may consent to having someone act on his/her behalf in Kazakhstan. It may be necessary to complete multiple powers of attorney, depending on whether the same person will represent the interests of the parent(s) at all stages of the process.
Pictures of Prospective Adoptive Parents.
Additional Note on Documents for Divorced Parents: In addition to the documents listed above, any adoptive parent who was previously divorced must submit notarized copies of all divorce decrees. Prospective adoptive parents should note that Kazakhstan allows only two divorces.
Additional Notes on Documents for Single Parents: In addition to the documents listed above, unmarried adoptive parents must submit a notarized, certified copy of his/her birth certificate. Single parents must also prepare notarized letters identifying the name (s) of the person(s) who will be appointed guardian of the child/ren if the adoptive parent can no longer care for the child/ren. The designated guardians must also write a separate letter, with notarized signature, accepting this designation. Separate guardianship letters must be prepared for each child being adopted.
- Waiting Period. After the court makes its decision, there is a 15-day waiting period before the decision is final. In some cases, a judge can waive this waiting period ("the Appeal Period"), but such waivers are rare and prospective adoptive parents should assume that the 15-day waiting period will not be waived. In some cases, it may be possible for one or both prospective parents to leave Kazakhstan and return for the child or have someone else complete processing and escort the child to the U.S. (see below for requirements).
- Obtain New Birth Certificate and Passport. After the court's decision is finalized, the parents may apply for the adoption certificate, the child's new Kazakhstani birth certificate the Kazakhstani passport based on the court decree. All these documents will include the child's new name.
- Obtain Kazakhstani Exit Visa. In addition to the passport, the child will need a permanent exit visa from the local Migration Police Office (formerly OVIR) where the child resides.
- Register Child with Ministry of Foreign Affairs. An adopted child must be registered with the Ministry of Foreign Affairs (MFA) in Astana prior to departing Kazakhstan. Adoptive parents are not required to apply in person. Usually it is done by adoption coordinators upon a power of attorney issued by adoptive parents. The MFA will stamp the child's passport as proof of registration. Due to processing time for the birth certificate, passport, Migration Police permanent exit stamp, and MFA registration (all of which must occur consecutively), parents should allocate at least 5-7 days after the adoption is final before applying for the U.S. immigrant visa with the U. S. Embassy in Almaty.
POST PLACEMENT REPORTS: Kazakhstan has a requirement that all adopted children must have a Post Placement Report (PPR) filed for them each year until the adopted child turns 18. It is important to adhere to the exact requirements of the PPR, as failure to do so could jeopardize future adoption processing in Kazakhstan. The PPR should be done in the U.S. state where the child and family reside, preferably by a licensed social worker and include up to 5 photos of the child. The PPR should be translated into Russian or Kazakh and sent to the Department of Education of the city or region from where the child was adopted.
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.state.gov/m/a/auth/.
KAZAKHSTANI EMBASSY AND CONSULATE 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.kazakhembus.com/
Kazakh.consul@verizon.net
Consulate of the Republic of Kazakhstan in New York
866 UN Plaza, Suite 586 A
New York, NY 10017
Tel: 212-888-3024
Fax: 212-888-3025
http://www.kazconsulny.org/English/index.htm
kzconsulny@un.int