Adoption of a Foreign Child
Every year Embassy Damascus receives requests from Americans for information and assistance in adopting Syrian children. Interested Americans must realize that international adoption is essentially a private legal matter based on the foreign country's laws and regulations. The Consular Section can explain the requirements of U.S. law for the immigration of orphans and adopted children and apprise prospective parents of local laws and procedures. U.S. authorities cannot intervene on behalf of prospective parents with the local authorities in the country where the adoption or custody will take place.
Q. What should I do if I want to adopt a child?
If you wish to adopt a child abroad, and you are in the United States, contact the Citizenship Immigration Service Office, which has jurisdiction over your place of residence. Please be advised that securing custody of Syrian orphans for immigration is extremely difficult as adoption is essentially illegal in Syria.
Q. I already have a child I want to adopt. What should I do?
To complete an international adoption and bring the child to the United States, you must fulfill the requirements set by the United States Citizenship Immigration Service (CIS) and the foreign country in which the child resides. If the child is Syrian, you will first have to satisfy the requirements of Syrian law and be awarded legal custody with the right to remove the child from Syria. Without legal custody you will not be allowed to depart Syria with the child and, if you attempt to depart, you may be accused of kidnapping.
If you choose to adopt an abandoned Syrian child from an orphanage, you will need the following:
Proof that the Ministry of Social Affairs recognizes the orphanage.
A copy of the police report on how the child was found.
Statement from the orphanage about how the child was released to them.
A contract between you and the orphanage showing that they are officially releasing the child to you.
Permission from the Syrian Ministry of Social Affairs granting custody of the child to the adopting parents and allowing the adopting parents to travel with the child for immigration.
Approval of this permission by the Syrian Ministry of Foreign Affairs.
Although procedures and documentary requirements may seem repetitive, obtaining several copies of the same document is advisable and often necessary. Remember that this process is designed to protect both the child and the adoptive parent(s).
Note: Obtaining the above documents and permission from the Syrian Government to adopt a Syrian orphan is a difficult process and, often, an impossible one unless one of the adoptive parents is originally a Syrian citizen. American citizens who are not also Syrian nationals should follow the above steps but instead of dealing with the Ministry of Social Affairs (per step 5) must secure a court order from a Syrian court granting them custody or guardianship of the child. As a cautionary note, this approval is very rarely granted. Compliance with the steps outlined above is essential for the child to depart Syria and be legally adopted.
Again, Embassy Damascus has no authority to intervene in court proceedings in Syria. Only a legal counselor knowledgeable in Syrian family law will be able to provide up- to-date and accurate information regarding the proper procedures for acquiring custody of and/or adopting a child.
As a reminder: A foreign country's determination that the child is an orphan does not guarantee that the child will be considered an orphan under the U.S. Immigration and Nationality Act.
Q. What is the legal definition of an "orphan"?
A child is defined as an orphan if (1) Both parents are dead or have disappeared; (2) The parents have abandoned the child; or (3) The sole or surviving parent is incapable of providing proper care for the child and has unconditionally released the child for adoption and emigration. The adoptive parent(s) must provide evidence that the child falls into one of these three categories. "Proper care", as applied in immigration law, means the sole surviving parent is unable to provide for the child's basic needs, consistent with local standards of the foreign-sending country.
Q. What are the requirements for bringing a child to the U.S.?
U.S. immigration law has provisions for granting visas in the three circumstances: (1) If the child is an orphan, as defined by law, and has already been adopted abroad; (2) If the child is an orphan, as defined by law, and is being brought to the U.S. to be adopted; and (3) Even if the child does not come within the legal definition of "orphan", if the child has already been adopted and the adoptive parents have had legal custody and physical possession of the child for at least two years. In all cases, the form I-600 Petition to Classify an Orphan as an Immediate Relative must be filed before the child's sixteenth birthday (please note that the final adoption does not have to be completed before the child's sixteenth birthday).
Q. I want to adopt, but haven't identified a child yet. What can I do?
A reputable adoption agency can guide you through many of the bureaucratic hurdles created by U.S. and foreign law. You can save a great deal of time by completing and filing form I-600A, "Application for Advance Processing of an Orphan". This form allows the Citizenship Immigration Service (CIS) to approve your qualifications to bring an orphan to the United States. When a child is identified, you will only need to provide information about the child's eligibility.
Q. What qualifications do I need to meet in order to bring an internationally adopted child to the United States?
You must be a U.S. citizen (if you are married, your spouse does not need to be a citizen). If you are married, both spouses must agree to the adoption. If you are not married, you must be at least 25 years old. If the child is to be adopted in the U.S. you must meet all the pre-adoption requirements of the state of proposed residence. You and your spouse must provide fingerprints and pass a background check as well as a home study completed by an approved agency. All prospective adoptive parents must submit copies of their proof of citizenship. As this is often the most time-consuming part of the process, meeting these requirements ahead of time through the I-600A petition will greatly speed up the rest of the process once a child is identified.
Q. I have identified a child to adopt (or, I have already adopted a child). What do I do now?
If an I-600A has been approved you are almost done. You will need to file a form I-600 ("Petition to Classify an Orphan as an Immediate Relative"), but in most cases this can be approved by a Consular Officer in an American embassy overseas. You will need to prove that the child meets the definition of an "orphan" and have the child complete a physical exam. If an I-600A has not yet been approved, you will need to meet all the requirements of that form (mentioned above) and the petition will be sent to the CIS for approval. This process can take up to several months.
Q. Doesn't my adopted child become an American citizen?
Under U.S. law, the child adopted by an American citizen does not automatically become a U.S. citizen. Rather, the child must qualify for an immigrant visa to enter the U.S. The process of qualifying for an immigrant visa can be time consuming. Therefore, we highly recommend that you not take possession of a child until you are certain that the child can be legally removed from Syria under Syrian law, and that the child qualifies for immigration under U.S. law. We have handled cases in which Americans have taken and cared for a child for months and years, but were unable to bring the child to the U.S. because U.S. or Syrian legal requirements had not been fulfilled. Naturally, this is very traumatic for both the American citizen and the child.
Requirements for the immigrant visa interview and visa issuance:
When the guardianship process is completed, the adoptive parent(s) can apply for an immigrant visa for the child. In addition to the notification of the approved I-600 or I-600A petition from the CIS, the Consular Officer also requires specific documentation to conduct a visa interview and to approve visa issuance. A list of these requirements are as follows:
- Notification by the CIS of the I-600 or I-600A approval
- Final adoption decree or proof of custody from the foreign government
- The child's birth certificate
- The child's passport
- Medical report by a designated physician
- Two photos for the child
- Proof of citizenship from the adoptive parent(s)
- Marriage certificate of the adoptive parents
- Affidavit of Support (I-864) and supporting documents from the adoptive parent(s)
Validity of Foreign Adoptions in the United States
In most cases, the formal adoption of a child in a foreign court is legally acceptable in the United States. However, courts in the U.S. are not required to recognize foreign adoption decrees. Many adoption practitioners recommend that a child adopted abroad be re-adopted in the court of the adoptive parent(s) state of residence in the United States.
Visa Services
Adoption
