January 28, 2010

PUBLIC ANNOUNCEMENT

Difficulties in Obtaining Passports for Ukrainian Citizens
The U.S. Embassy in Kyiv, Ukraine, has received several recent
reports of delays in issuance of passports to Ukrainian citizens. These
delays can affect documentation of children adopted by American citizens.
According to Ukrainian law, all adopted children need a valid passport in
order to depart Ukraine.
The recent delays appear to be caused by a commercial dispute
between the Government of Ukraine and its contractor. A sole source
commercial entity produces the blue ("new") Ukrainian passport. However,
in a number of recent cases, red cover ("old version") Ukrainian passports
have been issued to Ukrainian children adopted by foreign citizens after
some initial delays. These red cover passports are valid for travel, and
enable the adopted children to depart Ukraine with their new parents.

Several adopting parents report that processing of final paperwork to
obtain the alternative red cover passports was delayed. There are reports
that additional fees were required for obtaining these older version red
passports once the blue cover passports became unavailable. There is
only a limited supplyof the older version passports in stock nationally, and
thus red cover passports may not be available at all local passport offices.
American citizens adopting Ukrainian children should be aware of this
situation and plan accordingly.
The U.S. Embassy in Kyiv continues to monitor this situation closely.

January 15, 2010

Dear Members of Adoption Community interested in Ukraine:

We would like to inform you about the new paperwork requirement for the adoption dossiers submitted
to the State Department for Adoptions and Protection of the Rights of the Child (SDAPRC) on or after
February 1st, 2010. All foreign adoptive parents will be required to add the following documents to their
adoption dossiers:

1) Three copies of both parents passports (instead of one), accompanied by Certified Ukrainian
translation. No apostille is required for copies of passports.

2) Notarized statement, signed by both parents, authorizing the SDAPRC to request the clearances
for them through the Ukrainian law enforcement agencies and Interpol. This statement should
be submitted in duplicate, each one bearing a Hague Apostille and be accompanied by a
certified English translation. You can use the following form that is the translation of the
Ukrainian form provided by SDAPRC.

All adoption dossiers submitted on or after February 1st, 2010 must include these two additional
documents. The families whose dossiers have already been accepted and registered are not required to
submit these new items.

December 5, 2008

New Adoption Regulations in Effect

On October 8, 2008 the Cabinet of Ministers of Ukraine approved Resolution #905, introducing new regulations for adoptions and the protection of the rights of adopted children. This Resolution cancels the previous adoption Resolution #1377. The new regulations went into effect on December 1, 2008.

The Resolution sets regulations for the registration of abandoned children at the local, regional and central levels. It also describes adoption proceedings for both domestic and intercountry adoptions. Some of these changes will affect the intercountry adoption process. These changes are described in more detail below and in the updated country specific information on adoption from Ukraine. We have also revised the list of documents that should be submitted to the SDAPRC for registration to reflect all of the changes.

Adoption Home Study

Resolution #905 introduces more specific requirements for the adoption home study. The home study should include the following items: home address, living conditions (number of bedrooms, living space and conditions for the adopted child), biographic information of the parents, household members (number of persons residing in the same household and their relation to the adoptive parent, number of biological children, if any); adoptive parents' approach towards adoption. The home study must also include the recommendations regarding the number, age and health condition of the children that can be adopted by the prospective adoptive parents. The important thing to remember is that the conclusion should clearly state that it is the agency/social worker's recommendation for this family to adopt this particular child or children, not just the family's own preference.

Refusal to Register Adoption Dossiers

According to this Resolution the SDAPRC will now have the right to refuse to register your dossier if, at the time of the dossier's submission to the SDAPRC, the central database of Ukrainian children available for intercountry adoptions will not contain any children complying with the recommendation in your home study. Given the statistics published by the SDAPRC and available on our website, there are currently no healthy children (or children with minor, correctable health problems) under three and very few under six years old. Therefore, if you are recommended for a healthy child or a child with minor/correctable health problems under six years of age, the SDAPRC is very likely to refuse even to accept and register your dossier.

Adoptive Parent's Commitment to Register the Child and Provide Annual Reports to the Embassy or Consulate of Ukraine

This document must be prepared in duplicate and should include the following commitments:

• to register the adopted child with the respective Consulate or Embassy of Ukraine (indicating the name and full address of the Consulate/Embassy);
• to provide the adopted child with the opportunity to keep their Ukrainian citizenship until 18 years old;
• to submit annual reports on the adopted child to the Consulate or Embassy of Ukraine at least once a year for the first three years after the adoption and once every three years afterwards, until the child's 18th birthday;
• to provide an opportunity to the representatives of the Consulate/Embassy of Ukraine to communicate with the adopted child;
• to inform the Consulate/Embassy of Ukraine about any change of address of the adopted child.

Marriage Certificate

The SDAPRC will now require two notarized copies of marriage certificate, instead of one.

Proof of income

W-2 forms for the most recent six months or tax returns for the last calendar year, certified by the issuing authority or notarized.

Ownership/Rental Documents

Your adoption dossier must now include a notarized copy of the document confirming the ownership or rental rights of the adoptive parents for their house or apartment, indicating its total and living area as well as the number of bedrooms.

Other requirements and notes

• The SDAPRC will not accept any notarized statements in place of W-2 forms or other proof of income; neither will they accept notarized statements/affidavits instead of the documents confirming the property rights.
• On the date of submission of your documents to the SDAPRC they should remain valid for at least six months. Documents are valid for 12 months from the date of issuance or notarization, except for the I-171H form, which is valid for 18 months.

Priority for adoptions

The SDAPRC will give priority for submission of documents and scheduling appointments to the following adoptive parents:

• biological relatives of the adopted child;
• those who are applying for adoption of biological siblings of their previously adopted children;
• adoptive parents applying for adoption of the children suffering from one of the health problems posted on our website. These children are also not subject to one-year registration term at the central database for intercountry adoptions.

Maximum Number of Appointments with the SDAPRC

As of December 1, 2008 the SDAPRC will allow only three appointments to each adoptive family to look at the children's files. If you have not chosen any children after the third appointment, your adoption dossier will be returned to you immediately. (Currently, the SDAPRC also limits the number of adoption referrals issued to each family to two referrals.) You need to submit a notarized statement to request a second appointment with your dossier to the SDAPRC and then they officially have ten business days to respond with the date of your second/third appointment.

Please note this information is provided as a general guidance only; all questions involving interpretation of specific Ukrainian adoption laws should be addressed to foreign legal counsel or your adoption service provider.

October 17, 2008

Warning for Adoptive Parents: Expired Fingerprints

Families adopting from Ukraine are advised that an I-600 petition filed at an overseas post after an adoption has been completed abroad can be approved and an immigrant visa issued for the child only if the petitioners (and all other adult members of the household) have unexpired FBI fingerprint results. Even though your I-600A approval is valid for 18 months, the FBI clearance is valid for only 15 months and must be resubmitted for clearance after that period. Please make sure before traveling to Ukraine to adopt that your fingerprint results are still valid and will not expire before you come to file an I-600 petition and apply for a visa at our office. If your fingerprints are about to expire, please submit a new set to USCIS for clearance before leaving the U.S. If your fingerprints are not valid when you come to apply for the immigrant visa for your adopted child in Kyiv, we will have to take them here and send them through the State Department to the FBI for check. This process cannot be expedited and currently takes from seven to ten business days or longer.

July 31, 2008

This is to provide additional information regarding the most recent legislative change in Ukraine (please refer to our Public Notice of April 25, 2008 on this website and on kyiv.usembassy.gov/amcit_adoptions_notice_0116_eng.html).

Please note that this notice is based on the general information that the U.S. Embassy in Kyiv has received from the SDAPRC and that all further questions regarding specific adoption cases should be addressed to the SDAPRC directly.

If only one of the adoptive parents complies with recently enacted age restrictions (requiring that the adoptive parents be no more than 45 years older than the adoptive child), the adoption can be completed in the younger parent's name only. We interpret this as meaning that adoption dossiers submitted to the SDAPRC after the new law came into effect (i.e, after April 23, 2008) would require the following:

1. The adoption application to the SDAPRC must state that the adoption will be by the younger parent with the permission from the spouse.
2. The I-171H or I-797C Form should list the younger parent as the main petitioner.
3. The final recommendation of the home study should state that the younger parent is approved for adoption and can adopt the child separately from the spouse, because the older parent cannot adopt a child in this age group due to the age restrictions under Ukrainian law (article 211, Part II of the Family Code of Ukraine).
4. The medical and police certificates, letters from employer, birth certificates and other required documents should be submitted for the younger adoptive parent only.
5. There should be written, notarized consent from the older parent for the adoption of a child from Ukraine by the spouse.

Note also that all these documents should be certified and apostilled in the appropriate way. Certified Ukrainian translations must be included, as always.

If the adoption dossier is already registered with the SDAPRC, you will be asked to submit the following:

1. An addendum to your original home study (with an apostille and translation, as appropriate).
2. A new application for adoption will also need to be changed to reflect that the adoption will be done by the younger parent with the permission from the spouse.

Please note that all orphans adopted by only one of the adoptive parents will be processed as IR4 cases. There are some additional paperwork requirements for IR4 visas:

• Form I-864 Affidavit of Support and supporting documentation. For instructions, please see on our website the Affidavit of Support Forms (I-864 series forms) - Frequently Asked Questions.
• Certified copy of the approved home study.
• Evidence that the pre-adoption requirements of the adopting parents' state of residence have been met. (Pre-adoption requirements, if any, vary from state to state. Information on how to prove that these requirements have been met may be obtained from state and local officials who have jurisdiction in adoption matters, licensed public and private adoption agencies, or the USCIS office that has jurisdiction over the prospective adopting parent(s) residence).
• Evidence that re-adoption is legally possible in the parents' state of residence, if applicable.
• A notarized statement from the parent who has not met the child that he or she intends to adopt this child in the United States (should contain the child's exact name).

April 25, 2008

Dear Members of the American Adoption Community Interested in Ukraine:

On April 21, 2008 the President of Ukraine signed law #258-V, On Legislative Amendments to Ukraine's Laws (regarding adoptions). The law came into full effect on April 24, 2008 upon its publication in the official newspaper of Ukraine's Parliament. This new law introduces the following major changes to current Ukrainian legislation:

- The minimum age of prospective adoptive parents must be at least 21 years old;
- The maximum age difference between adoptive parents and adopted children cannot exceed 45 years;
- Unmarried foreign citizens cannot adopt Ukrainian children.

Ukraine's State Department for Adoption and Protection of the Rights of the Child will notify all the adoptive parents who will be affected by this law directly or through their local representatives.

Important Notice to the Adoption Community Interested in Ukraine - March 05, 2007

Dear Members of the American Adoption Community Interested in Ukraine:

On February 25, 2007 the Decree #313, issued by Minister for Family, Youth and Sports Victor Korzh, became effective. This Decree approves the Regulations on Acceptance of Adoption Documents from Foreign Citizens, an official document that describes current intercountry adoption procedures and requirements of the central adoption authority of Ukraine - the State Department for Adoption and Protection of Rights of the Child (SDAPRC).

REGULATIONS

On the order and conditions of acceptance of the documents from foreign citizens applying for adoption

1. These Regulations have been developed in accordance with the Family Code of Ukraine (with amendments), Order on Registration of Children Eligible for Adoption and Prospective Adoptive Parents and Post-Adoption Control (approved by the Resolution #1377, dated August 28, 2003, by Ukraines Cabinet of Ministers, further referred to as The Order), Regulations on the State Department for Adoption and Protection of Rights of the Child , approved by the Resolution #1377, dated August 28, 2003, by Ukraines Cabinet of Ministers, for the purpose of organizing the work of the State Department for Adoption and Protection of Rights of the Child.

2. These Regulations define the order and requirements for acceptance and processing the documents from foreign citizens applying for adoption.

3. Foreign citizens, applying for adoption of a child (further referred to as Applicants), submit a written application about their intention to adopt a child to the SDAPRC.

Applicants full address must be indicated in the application. Email addresses, if available, and phone numbers should also be included.

The following documents must be part of the adoption application (dossier) submitted to the SDAPRC (this list with more details is available on our website at: http://kyiv.usembassy.gov/amcit_adoptions_eng.html ):

1.      Application for the SDAPRC with the request to be registered as prospective adopting parents.

2.      Proof of income: a statement from the adopting parents employer indicating salary or a copy of W-2 forms or tax returns. To avoid confusion, please do NOT copy blank pages of tax returns.

3.      Copy of the marriage certificate (if applicable).

4.      Medical form.

5.      Notarized consent for adoption from a second adopting parent, if only one of the parents will be adopting the child.

6.      "No criminal record" statement supplied by a competent authority at the state level for each adopting parent, attesting that he or she has no criminal record. Statements from the city or county level are not accepted by the Ukrainian authorities. If the criminal background check statement is issued by the local sheriff/police office (not state authorities), it should clearly indicate that each prospective adopting parent has no criminal record in the state of his or her residence.

7.      Home Study, issued by a competent authority in the adopting parents country, attesting to their eligibility, specifying their housing and living conditions, containing their curriculum vitae, presence of biological children and other information. If a home study is issued by a non-governmental entity (a private agency or social worker), a copy of the license authorizing this entity to conduct pre-adoption reviews must be attached.

8.      Entrance and permanent residence permit for the adopted child, issued by the competent authority in the adopting parents country. For American citizens, the Form I-171H, Notice of Approval of Advance Processing, issued by the United States Citizenship and Immigration Services (USCIS) serves as this document.

Copies of the passports or other identification papers of prospective adopting parents. Commitment to register their adopted child with the Ukrainian Embassy or Consulate in their new home country within one month of the completion of the adoption. Adopting parents also agree to supply information about the adopted childs living conditions and educational progress to the Ukrainian consular office at least annually during the first 3 years following the adoption. Under Ukrainian law, an adopted child remains a Ukrainian citizen until age 18, at which time the child can decide whether or not to remain a Ukrainian citizen.

All documents must be legalized (in the case of U.S. documents, those submitted to the Ukrainian government/court must bear the seal of the issuing office and an apostille affixed by the states Secretary of State (an apostille is a special seal applied to a document to certify that a document is a true copy of an original). All documents should also be accompanied by English translations.

In addition to these documents, according to the requirements of Article 252 of the Civil Procedural Code of Ukraine, prospective adoptive parents may submit the documents to confirm that they own a residence, or have a rental agreement.

4. The application for adoption and enclosed documents (adoption dossier) should be submitted in person either by a foreign citizen or by the person authorized by a foreign citizen to act on their behalf.

Foreign adoptive parents can be represented by: physical entities, central adoption authorities of the foreign countries and diplomatic missions of certain foreign countries, accredited in Ukraine and having the appropriate authorization from foreign citizens.

5. The SDAPRC accepts new adoption dossiers four times a week: on Monday and Thursday from 2 to 4 pm, on Tuesday and Wednesday from 10 am to 12 pm. The SDAPRC plans to dedicate one of these days to acceptance of the U.S. dossiers only. The Embassy will provide further information on this as it becomes available.

Each Applicants representative (adoption facilitator) can submit only one dossier at a time.

6. The total number of adoption dossiers accepted by SDAPRC should be defined every year by November 20, based on the average numbers of adoptions to each country during the most recent five years, and taking into account the compliance rate with post adoption reporting requirements. The total number of the dossiers, which can be accepted by the SDAPRC by the end of 2007, will be defined by the SDAPRC within a ten-day period after this Decree's official registration, based on the adoption numbers for each foreign country for the years 2001-2005.

7. The Applicant must present a passport or other identification document while submitting the dossier. The Applicants representative (adoption facilitator) must present a passport or another identification document and the Power of Attorney to perform adoption-related actions; other representatives should present a special letter

8. During submission of the documents, the SDAPRC checks the dossiers for completeness, without checking each document for correctness at this stage.

9. Each dossier must be submitted in a separate folder. On the outer side of the folder please indicate the country of residence, full names of prospective adoptive parents. Please indicate the list of documents being submitted on the inner side of the folder.

Each document should have the consecutive number, written in pencil on the top right corner.

A copy of the Power of Attorney and passport of the local facilitator named on the Power of Attorney should be added to the dossier.

10. The dossiers from U.S. adoptive parents should be submitted in red folders.

11. If a dossier does not comply with any of the requirements indicated in sections 9 and 10 above, it will not be registered and will be returned to the local representative without being checked. New dossiers arriving by mail will not be accepted by the SDAPRC, neither will they be returned to the senders.

1.      Upon accepting the dossier it is registered in the log book for dossiers of foreign citizens. The date stamp and registration number are stamped on the application. The same can be indicated on the applications copy, if requested by a representative of adoptive parents.

2.      The SDAPRC will check the dossier within 20 working days. If the dossier conforms to all paperwork requirements, the SDAPRC registers the Applicants as prospective adoptive parents, recording their data. If a dossier is not registered, the Applicants will be sent a detailed response along with the dossier. Documents submitted to the SDAPRC by a representative of the Applicants (facilitator) are returned without a copy of a Power of Attorney, facilitators passport or the special letter. The response and documents can be picked up at the SDAPRC by a local facilitator by presenting valid identification and Power of Attorney.

3.      The Applicants (adoptive parents) submit their dossier to the SDAPRC taking into account that all documents are considered valid for one year, unless there is another term of validity established by the law of the foreign country, where the document is issued (the only exception for the U.S. documents is I-171H or I-797C Approval Notices, considered valid for 18 months from the I-600A approval date). All documents submitted in the adoption dossier must remain valid for at least another six months from the date they are submitted to the SDAPRC.

The SDAPRC sends written invitations for appointments to the registered adoptive parents according to the schedule approved by the SDAPRC.

4.      The SDAPRC sends written invitations for appointments to the registered adoptive parents according to the schedule approved by the SDAPRC. A written invitation is mailed provided the documents in the dossier will remain valid for at least another month from the date of the prospective adoptive parents appointment at the SDAPRC. In that case, the written invitation is not mailed and, upon expiration of the documents, the dossier is de-registered according to the current procedure.

5.      Adoptive parents who fail to appear for their appointment with the SDAPRC without a good reason can receive another appointment no sooner than in four months, provided the documents remain valid.

The SDAPRC provides the prospective adoptive parents with information on the children eligible for intercountry adoption. If adoptive parents wish to adopt more than one child, they will be shown applications of sibling groups. Upon receipt of the information regarding a specific child (children), the adoptive parents can meet and establish contact with the child (children). There is a special referral, issued by the SDAPRC, which gives permission for the adoptive parents to meet the child (children) in the presence of a representative from the local Childrens Services Office. The referral is valid for ten days from the issuance date.

If the adoptive parents do not bond with the first child, they can request a second referral. If, however, the second referral is turned down by the prospective adoptive parents, the SDAPRC and the prospective adoptive parents can request a third appointment which cannot be scheduled until after six months, provided the documents remain valid. When prospective adoptive parents decide not to adopt any children, they must return their original dossier back to the SDAPRC.

6.      After establishing a personal contact with the child and receiving the concurrence letter from the local Childrens Services Office, the foreign citizens apply to the SDAPRC to request consent for the court. The SDAPRC has five working days to consider the application and issue consent for the court. In case of refusal, the SDAPRC will provide a written detailed explanation.

Ludmyla Volynets

Director

State Department for Adoption and Protection of Rights of the Child

Read attentively, the latest news from October, 2006

Public Notice on Voluntary Registration of Foreign Organizations in Ukraine On October 16, 2006 the Ukrainian State Department for Adoption and Protection of Rights of the Child (SDAPRC) approved Official Resolution #48 introducing voluntary registration for foreign organizations that have local personnel representing prospective adoptive parents in Ukraine. All foreign organizations wishing to register with the SDAPRC can do so by submitting an application and a set of documents for registration. Below is an unofficial translation of the list of required documents. All of these documents must be legalized (have apostilles in the case of the U.S. organizations) and be accompanied by certified Ukrainian translations. The voluntary registration does not impose any obligations or other legal consequences for the SDAPRC. The documents for the voluntary registration can be submitted every Tuesday and Thursday from 9:00 a.m. to 11:00 a.m. at: #14 Desiatinna Street, Kyiv, at the public inquiries room of the State Department for Adoption and Protection of Rights of the Child. The voluntary registration will take place until December 1, 2006. Any questions regarding this registration should be addressed directly to the SDAPRC. Unofficial translation List of Documents Required for Voluntary Registration of Foreign Organizations in Ukraine

1. Copies of the statutory documents of the foreign organization, including information regarding its non-profit status, organizational structure and personnel.

2. A copy of a registration paperwork with the central national adoption authority or a copy of the license, issued by a competent governmental authority from the state of location of the foreign organization, that confirms that the organization is authorized to provide intercountry adoption services.

3. A referral letter from the central adoption authority or another competent governmental authority of the state where the organization is located, indicating that it can provide adoption services in Ukraine.

4. List of services for prospective adoptive parents provided by a foreign organization.

5. Commitment from the foreign organization to provide control over compliance with post-adoption registration requirements according to Ukrainian legislation, including searching for adoptive parents and children if the post-adoption reports are not submitted on time.

6. A sample of a standard contract from the organization with prospective adoptive parents, certified by the organization. This contract must include provisions on responsibility (penalties) for the adoptive parents in case they breach the adoption rules and procedures of Ukraine.

7. An informational letter about the foreign organizations activities in Ukraine, indicating the period they have been working here, the number of completed adoptions and post-adoption reports.

8. Information about the individuals, authorized by the foreign organization to represent prospective adoptive parents (their full names, contact information) and a copy of the Power of Attorney, certified by the foreign organization.

Read attentively, the latest news from July, 2006

Dear Members of the American Adoption Community Interested in Ukraine:

On July 3, 2006 the Minister for Family, Youth and Sports, Yuriy Pavlenko, held a press conference to announce the official opening of the new adoption authority, to be known as the State Department for Adoption and Protection of Rights of the Child (SDAPRC), and to outline his ministrys policies related to the protection of childrens rights.

Minister Pavlenko reported that the previous central adoption authority (the National Adoption Center under the Ministry of Education) had been dissolved, and stressed that the SDAPRC is completely separate from the previous system. He underscored that Ukraine has no intent to impose any restrictions or moratorium on intercountry adoptions; nonetheless, he made clear that promoting domestic adoptions will be the first priority and the main focus of the new adoption authority.

On the basis of Minister Pavlenkos statements, the Embassy has assembled the following information for Americans who wish to adopt in Ukraine. Americans with more detailed questions should contact us directly at: adoptionskiev@state.gov

Q.When will the new adoption authority start accepting new adoption dossiers?

A: Pavlenko made clear that the SDAPRC will accept NO new adoption dossiers from non-Ukrainian adoptive parents before January 1, 2007. This applies to ALL intercountry adoptions, including applications for biological siblings of previously adopted children. According to Pavlenko, this is not a moratorium but a temporary suspension to allow complete reform of Ukraines child welfare and adoptions system.

If a prospective adopted child is about to age-out (i.e., the child will turn 16 years old in 2006), please contact our office at: adoptionskiev@state.gov

Q: What happens to the families whose dossiers were registered with the NAC? Will the registration numbers remain the same?

A: According to Pavlenko, the SDAPRC inherited from the National Adoption Center 1,200 registered adoption dossiers from foreign citizens. Of these, 390 are from American families wishing to adopt in Ukraine. These 390 registered families will keep the registration numbers assigned by the previous National Adoption Center; cases will be considered in the order of their registration numbers.

Q: We have one of these NAC registration numbers. What should we do now?

A: All registered families are asked to submit new applications to affirm their intention to adopt in Ukraine. This application should be done in the same way as the one previously submitted to the NAC with their original dossiers, but should now be addressed to the new adoption authority and sent via regular or courier mail service directly to the following address:

Ms. Ludmyla Volynets Director
State Department for Adoption and Protection of Rights
of the Child Ministry of Family, Youth and Sports
14 Desiatinna Street
Kiev 01025
Ukraine

Only original, notarized and apostilled applications, accompanied by a Ukrainian translation, will be accepted. An English-language sample application will be posted on the Embassy web site soon.

Q: We have a NAC registration number, but some of our documents have expired, or will expire soon. Do we need to update them? Should we bring the updated documents for the appointment or submit them prior to our trip to Ukraine?

A: If any of the adoption documents in a previously registered dossier have expired or will soon expire, the adopting parents should send the updated documents directly to the SDAPRC as soon as possible. These documents should be sent via regular or courier mail service to the address specified above.

Q: When will the families who registered with the old adoption authority have their appointments?

A: During July and August of 2006 the new adoption authority will complete the scheduling of adoption appointments for registered families that have confirmed their intention to adopt from Ukraine. The appointments for registered families will begin after September 1, 2006.

Q: How can families communicate with the new authority? Will my facilitator be allowed to communicate with it on my behalf?

A: The SDAPRC is now fully staffed, with its own English interpreters (as well as Spanish, French, German and Italian) available on staff. Since the current Ukrainian law does not allow adoption intermediaries, no private interpreters/facilitators will be allowed to interpret during meetings of prospective adopting parents with the SDAPRC. You can still use the private interpreters/facilitators for other stages of the adoption process. Minister Pavlenko stressed that all employees of the SDAPRC are civil servants and are subject to administrative and criminal penalties for any malfeasance.

Q: Is there any new information about the availability of children for intercountry adoption?

A: According to the Ministry, only 16% of all adoptable Ukrainian children are under five years old and relatively healthy. At the same time, 50% of all the U.S. prospective adopting families have indicated specific interest in this category of children.

Q: What changes will be introduced to the actual adoption process, particularly regarding paperwork requirements?

A: Generally, it appears that much of the actual procedures and paperwork (medical forms, etc.) for intercountry adoption in Ukraine will remain much the same. The Embassy is working to obtain complete information from the SDAPRC, and will announce specific changes as soon as the Ukrainian authorities make this information available.

Please do not hesitate to contact us if you have any additional questions. Sincerely, Adoption Unit/Immigrant Visa Section / Consular Section / American Embassy Kyiv, Ukraine / Tel: 38-044-4904422 / Fax: 38-044-490-4570
adoptionskiev@state.gov / http://kiev.usembassy.gov/amcit_adoptions_eng.html

In accordance with E.O. 12958 this message is not classified. he American Embassy in Kiev, Ukraine would like to inform you about some additional information regarding the Medical Form for prospective adoptive parents required by Ukrainian law.

Read attentively, the latest news from July, 2004

Dear Ladies and Gentlemen,

The Consular Section of the American Embassy in Kiev, Ukraine would like to inform you about some additional information regarding the Medical Form for prospective adoptive parents required by Ukrainian law.

According to current recommendations from the National Adoption Center (NAC) of Ukraine, medical certificates of prospective adopting parents, as well as all other documents included in adoption dossiers, should be issued on official letterhead - in this case, letterhead from the medical office where the examination took place.  Alternatively, the document can bear a stamp/seal of the approving clinic/doctor, when such is available.  In any case, the doctor's signature should always be notarized. 

If letterheads/seals are not available, the NAC also requests that a notarized copy of the doctor's medical license be attached to the form.  If you have any other questions regarding preparation of this or any other documents for your adoption dossier, please contact your adoption service provider or the NAC directly.

The English version of the NAC-required Medical Form is enclosed.   

PLEASE NOTE THAT THIS INFORMATION IS BASED ON THE LATEST GUIDANCE THE EMBASSY HAS RECEIVED FROM THE NATIONAL ADOPTION CENTER OF UKRAINE.  IT IS PROVIDED FOR GENERAL INFORMATION ONLY.  QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC UKRAINIAN ADOPTION LAWS SHOULD BE ADDRESSED TO FOREIGN LEGAL COUNSEL OR YOUR ADOPTION SERVICE PROVIDER.

Even though we communicate regularly with officials of the National Adoption Center of Ukraine, they do not always notify the Embassy in advance of changes in Ukrainian laws or the Center's procedures.  Sometimes the first notice we get of a change is when it is reported to us by adopting parents or their representatives.  Please help us help you -- if you receive information that contradicts what we have posted, let us know (mailto:adoptionskiev@state.gov). We will then follow up with Ukrainian adoption authorities and update our information, as appropriate, for the benefit of the entire adoption community.  We appreciate your help.
Medical form for adoptive parents.Eng.doc
Sincerely,

Consular Section
U.S. Embassy in Kiev, Ukraine
tel: 38-044-490-4422
fax: 38-044-490-4570
 

Read attentively, the latest news from April, 2004

READOUT FROM SEMINAR FOR ADOPTION FACILITATORS/TRANSLATORS

On February 17, 2004, the American Citizens Services unit of the Consular Section, U.S. Embassy in Kyiv, Ukraine, with participation of the National Adoption Center of Ukraine (NAC), organized and conducted a seminar for adoption facilitators/translators who work with American prospective adoptive parents. Embassy and NAC officials briefed seminar participants on current adoption requirements and recommendations and soliciting feedback from the facilitators in a Q/A session.

The Consul General, MaryKay Carlson, stressed that assisting American citizens, including those who adopt in Ukraine, is among the U.S. Embassys top priorities. She said the Consular Section is always willing to meet with representatives of U.S. adoption agencies, as well as their Ukrainian coordinators. At the same time, we encourage American citizens to comply with local law when adopting internationally. To that end, we support adherence to the NACs dossier requirements and appointment policy.

The Embassy hears complaints from American citizens about the lack of transparency in fees charged and services provided by facilitators/translators during the adoption process. We reiterated that facilitators should provide their American clients with detailed information about their fees and other anticipated expenses, preferably before the American parents begin travel to Ukraine. We stressed that facilitators/translators are also responsible for ensuring that parents receive a complete and accurate medical history of the adopted child(ren) prior to the court hearing. We cautioned the audience about creating false expectations, specifically regarding processing time, age/health conditions of available children, and fees. We noted, for example, that even though many parents appear to think the Ukrainian adoption process can easily be completed within two weeks, the average time is over three weeks. Complicated cases take longer.

The Consular Section encouraged adoption facilitators/translators to provide us with their points of contact an informal registration system. When we have a facilitators contact information on file, we can more easily assist American citizens during their adoption process in Ukraine especially in urgent or emergency situations. In addition, providing us with an e-mail address allows us to update facilitators on new requirements, procedures, or changes in law, such as those anticipated during the transition of immigrant visa processing from Warsaw to Kyiv over the next few months.

In addition, we expressed our concern about the poor quality of some translations of documents prepared for the I-604 interview final immigrant visa interview. As these documents are also used by the families for other purposes, such as applying for a U.S. passport for the adopted child(ren), it is critical that the translations be accurate. We warned the facilitators present that the Embassy would stop accepting translations from agencies/private translators who develop a pattern of poorly prepared translations. We reminded the audience that we keep a record of Americans feedback on facilitators services and of our experience with each facilitator/translator as well.

The Director of the National Adoption Center (NAC), Evgeniya Chernyshova, then briefed the group on recent adoption developments, especially with regard to several provisions of the new Family Code of Ukraine and Adoption Decree #1377, which became effective January 1, 2004.

The NAC director confirmed information the Embassy had already released on its website that the NAC was now strictly enforcing the requirement that the standard medical form be used for all medical reports submitted by prospective parents as a part of their dossier. The Director stated that if the familys dossier is already registered with the NAC, the new medical form will be required at the time of their scheduled interview.

The NAC director confirmed that, thanks to continuing Embassy efforts, the NAC does not require a separate U.S. federal criminal check on prospective parents. Rather, the NAC will continue to accept police records issued at the state level.

The NAC director also stated that provisions of the new Family Code and Adoption Decree prohibit release of key information concerning families registration numbers and appointment dates to third parties, including those granted power of attorney. According to Ms. Chernyshova, two important notification letters A) acknowledgment of receipt of dossier with registration number, and B) notice of appointment date must be relayed directly to the prospective adoptive parents only. No intermediaries. (To assist American families, the Embassy volunteered to provide the NAC with English translations of these two standard letters. In addition, the Embassy suggested that families be allowed the option of submitting prepaid DHL/FedEx envelopes with their dossier, in order to expedite communication with the NAC.) The Director also stressed that each family should designate only one person with power of attorney (that is, one facilitator) to communicate with the NAC on adoption matters other than the two letters mentioned above.

Ms. Chernyshova reminded the audience that, by law, the NAC now has 20 working days to register receipt of a dossier at the center. (This is a change from the ten-day period stipulated under the old decree.) If an adoption dossier is not complete, it will not be kept at the NAC. Instead, the dossier will either be returned to the familys facilitator or mailed directly back to the family (if no one has inquired about the status within one month). The NAC advised facilitators to check the NAC bulletin board on a regular basis for a list of incomplete dossiers. If a dossier is incomplete, the 20-working-day timeframe will start again from the time of re-submission of the completed file. The NAC will only remove a completed dossier from its registry under three conditions: once the adoption in Ukraine is completed; at the written request of the family; or when the dossier expires (Adoption Decree, article 26).

Ms. Chernyshova expressed concern about unreasonably high expectations of the families coming to adopt in Ukraine. The Director stated that only two percent (2%) of all children available for international adoption in Ukraine are very young and completely healthy. The Director emphasized that the Adoption Decree provides for possible pre-adoption medical examinations, which can be performed at any state or municipal medical institution in the presence of the orphanage representative.

The NAC stressed that according to Ukrainian law, siblings cannot be separated by adoption. Currently, applications of all children available for adoption contain information about their siblings. If a family learns about a sibling of their already adopted child and would like to verify this information in order to consider a second adoption, they may inquire in writing to the NAC. If the information is confirmed, they may submit their dossier to the NAC to proceed with the second adoption. She also mentioned that those families who would like to adopt children older than ten years of age are given priority.

Finally, Ms. Chernyshova mentioned that, according to the new Family Code of Ukraine (Article 213), if several candidates wish to adopt the same child, preference will be given first to a Ukrainian citizen, second to foreign couples who are married, and finally to foreign single parents. The NAC promised to prepare an official explanation of this policy, which will be translated by the Embassy, distributed, and posted on our website as soon as it is available.
 

Read attentively, the latest news from April 29, 2003.

Dear Ladies and Gentlemen,

We have been receiving a lot of inquiries from the members of American adoption community regarding the new requirement for authentication of adoption home studies, which will be introduced by Ukrainian Embassy in Washington, D. C. on May 1, 2003.

According to the information posted on the website of this Embassy, "Starting May 1, 2003 a background report (home study) should be accompanied by a translation into the Ukrainian language provided by authorized companies that meet Consular Office qualification's criteria to ensure proper and adequate translation. At this moment you can contact United Advocates Corporation Address: 2792 Fariba Court Vienna, VA 22181 Phone: (703) 319-8912 Fax: (703) 319-8911 E-mail: info@unitedadvocates.org Web: www.unitedadvocates.org The translation should be certified by the Consular Office. A background report (home study) and its translation will be returned to the applicants in a sealed envelope to be opened only by the Center for Child Adoption of the Ministry of Education of Ukraine". http://ukraineinfo.us/consular/adoption.html

According to Mr. Nalivaychenko, Consul of Ukraine, this rule is being introduced as a way to improve effectiveness of Consular registration of Ukrainian children, adopted by U. S. citizens of Washington Consular District. As you probably know, the issue of Consular Registration has become very important recently, due to a large number of unregistered adopted children reported by the Ukrainian authorities. Mr. Nalivaychenko also noted that Ukrainian Embassy would be accrediting other translation companies.

Our Embassy has also addressed the Ministry of Foreign Affairs with the questions regarding legal grounds and other aspects of this procedure. 

We will keep you posted of any changes and news about this matter.

Please, feel free to contact us if you have any additional questions. Thank you for your continued cooperation and help.

Regards,

U. S. Embassy in Kiev, Ukraine.

tel. (380)-(44)-490-4000/4422 fax. (380)-(44)-236-4892

Please visit the Embassy web-site at http://www.usembassy.kiev.ua for additional information about Consular services

Read attentively, the latest news from March 5, 2003.

Dear Ladies and Gentlemen,

The U. S. Embassy in Kyiv, Ukraine has been notified by the National Adoption Center about the introduction of a new requirement regarding
adoption dossiers.

Effective February 2003, the National Adoption Center began requiring prospective adoptive parents who are approved for adoption of more than one child to submit a separate authenticated dossier for each child. At the present time the NAC is making a few exceptions, but only for those families who have already arrived in Ukraine and are adopting siblings that live in the same orphanage.

Please note that the fact that prospective adoptive parents submit two or more authenticated dossiers does not guarantee that they will be able to adopt two or more children. Due to the limited number of available orphans, current NAC policy tries to convince the adoptive parents to adopt one child at a time. Of course, this is not a regulation and does not apply to all adoptive families as each case is considered individually.

We would be grateful if you would pass this information to your clients as soon as possible.

If you have any further questions, the Embassy will be glad to provide you with additional information.

Thank you for your continued cooperation,

Sincerely,
U. S. Embassy in Kiev, Ukraine. 

tel. (380)-(44)-490-4000/4422 fax. (380)-(44)-236-4892

Please visit the Embassy web-site at http://www.usembassy.kiev.ua for additional information about Consular services
 

Read attentively, the latest news from May 20, 2002.

Dear Sirs and Madams,

The National Adoption Center (NAC) of Ukraine has asked us to inform Americans planning to adopt children in Ukraine, and the organizations and individuals assisting them, of the Center's policy regarding scheduling appointments and a new policy regarding police records.

Scheduling appointments

The NAC has informed us that it is enforcing its new appointment policy. Before traveling to Ukraine, prospective adoptive parents must schedule an appointment with the NAC, either personally or the through organizations or individuals assisting them, at least four to five weeks in advance. The director of the NAC has informed us that adoptive parents will not be served if they visit the Adoption Center either without an appointment or on a day other that the day they have been scheduled. Therefore prospective parents should travel to Ukraine only if they have a confirmed appointment at the NAC.  We also strongly encourage prospective parents and those assisting them to ensure, before the actual travel to Ukraine, that all submitted documents correspond to requirements of the NAC.

Police records

The NAC has told us that it now requires criminal clearance documents at least on a state level.  It has informed us that it will not accept clearance on a county/city/village level. We alerted the NAC to the fact that some states do not issue such documents, and that prospective parents from these states can therefore only present documents issued at a local level.  In these cases the NAC said it will accept locally issued documents if they clearly include a statement to the effect that the prospective adoptive parent has no criminal record in the state of his/her residence.

We alerted the NAC to the fact that all Americans who have INS pre-approval for an international adoption have passed a federal background check. However, the NAC referred to Ukrainian regulations on international adoption that require the criminal record check to be presented in a separate document issued by the competent authority of a sufficient level. Therefore police clearance at a local level cannot be supplemented by the police clearance information in the home study.

The NAC also said that police, medical and income records must be issued on the letterheads of respective agencies (e.g. sheriff's office, physician's office/clinic, employer) and signed by respective authorized officials. Otherwise, the NAC said it cannot guarantee that the dossier will be approved and the family will be registered promptly as prospective adoptive parents. The NAC said it will not accept such records printed on the letterhead of the U.S. adoption agency that helps prospective adoptive parents with their dossier.

American Citizens Services Unit U.S. Embassy Kyiv, Ukraine tel.  (380)-(44)-490-4000/4422 fax. (380)-(44)-236-4892

Please visit the Embassy web-site at http://www.usinfo.usemb.kiev.ua

IMPORTANT NEWS: January 21, 2002

On January 21, 2002, the Ministry of Public Health Protection issued an updated list of diseases allowing foreign adoption without the one-year registration requirement. On February 15, 2002, the National Adoption Center started the registration of children under the new list

(Update 4 february 2002) HERE IS THE LIST OF DISEASES which give the right to adopt sick children without a waiting period of being on the list of registration in the Center of Adoption, (attached to the Ministry of Education of Ukraine)

IMPORTANT NEWS:  January 14, 2002

The Adoption Centre has now instated a formal policy that you MUST be on the registry list before you're allowed to travel to Ukraine. No exceptions???

Those parents that travel to Ukraine without an approved travel date from the AC, will have difficulty receiving referrals. In the past the AC has tried to accommodate these "maverick" parents by occasionally bumping parents that have been on the registry list. Now they will NOT accommodate them by taking away the "registry" list referrals.

The Adoption Centre is also restricting their appointments to 10 families  per day. After a family's dossier is approved, they will then have
their name registered on the official waiting list. Your translator/facilitator in Ukraine (whoever you gave the POA to) would then liaison with the AC to determine when you are allowed to travel!!!!!

The bad news is that the waiting period will be longer than usual.

Please contact us, we have some (nuances) on this question, only if you want to use our services!!

IMPORTANT NEWS June 21, 2001

Parliament of Ukraine amended the Civil Law of Ukraine changing the time for appeal of court decisions from ten to thirty days. This means that you might need to wait thirty days after the court hearing before you can continue the adoption process.

This new rule is not universally accepted by most Ukrainian Courts at this time.

At least one of the adoptive parents should be well prepared to stay in Ukraine during 2-3 weeks.

There is a line of adoptive parents at the Adoption Center, so after your documents are translated into Ukrainian and submitted to the AC, you need up to 1-3 month to let people at the AC to find a child of desired age and sex. Usually boys are much more available for adoption than girls.

ALL children in Ukrainian orphan houses have more or less serious diseases (correctable or not) - the delay of phisical or\and mental development, cerebral palsy etc.