INTERCOUNTRY ADOPTION


LAOS
February 2006

Disclaimer: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

IMPORTANT INFORMATION
Prospective adoptive parents are advised to fully research any adoption agency or facilitator that 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.

Laos has very few laws and those that exist may not be clear or may conflict with other regulations. There are no orphanages or government agencies with clear responsibility for orphans. Irregularities in the methods used to identify children for adoption in Laos make it difficult to classify some children as orphans under U.S. immigration law. Such practices as payment to birth mothers to induce them to give up a child are clearly prohibited under U.S. immigration law. As a result of these irregularities, you are advised that if you proceed to finalize an adoption of a Lao child you wish to immigrate as an orphan, you should be prepared for a lengthy wait before a thorough investigation is concluded. Further, if it is uncovered that the child does not meet the orphan definition under U.S. law, your orphan petition to classify the orphan as an immediate relative (I-600) will be denied by the Bureau of Citizenship and Immigration Services in the Department of Homeland Security.

DOCUMENTATION:  Lao documents are not generally reliable and regulations regarding civil documentation are frequently not followed. Late registration is legal. Births are supposed to be registered with the local village authorities (“headman”). The birth certificate format is not standardized.

The death certificate format is not standardized. Generally, any pre-printed form is acceptable, and any death certificate should be on such a form. At a minimum, the death certificate should contain the name of the deceased, cause of death, date of death, and the deceased's date of birth or age at death. Lao death certificates are unusually vague about cause of death, "sickness" and "disease" being the two most common causes given. Late registration is legal.

Document fraud is widespread in Laos. Fraud is not limited to fake documents produced by other than the authorized civil authority. A document may be legal, per se, in that it has been issued by the proper civil authority in the correct format, but be fraudulent in the sense that it contains false information. The format of official documents varies widely from province to province.
 
OBTAINING U.S. IMMIGRANT VISAS FOR LAO ORPHANS
NOTE: Suspension of Foreign Adoptions: Prospective adopting American citizen parents should be aware that the Lao government has currently suspended all adoptions of Lao children by foreigners. Some exceptions have been granted by the Office of the Prime Minister, which is the only Lao government authority which can grant exceptions to the ban. Prospective adopting American citizen parents must obtain written authorization from the Office of the Prime Minister prior to having the United States Citizen and Immigration Service (USCIS) approve a petition for an orphan. The Office of the Prime Minister has suggested the following steps to obtain an exception (the Embassy cautions, however, that these steps may not pertain in all cases and Lao authorities may impose additional requirements):
  1. Send a letter of proposal of adoption to the Lao Embassy, 2222 S Street NW
    Washington, D.C. 20008, Tel. (202) 332-6416, Fax: (202) 332-4923.
  2. After the Lao Ministry of Foreign Affairs has received the proposal, the prospective adopting parents can submit to the District Administrative Office a note of the guardian’s (or village headman’s, if there is no guardian) handing over of the child to the prospective parents.
  3. Once the note is approved by the district authorities, the note should be submitted to the Provincial Administrative Office (in the city of Vientiane, the Vientiane Municipality Office).
  4. After approval by the Provincial Office authorities, all documents should be submitted to the Office of the Prime Minister. (The Office of the Prime Minister will forward documents to the relevant ministries as necessary and render an opinion.)
Contact: The Chief of Cabinet of the Prime Minister’s Office authorizes adoptions by foreigners, under the advice of the Prime Minister. There are two Chiefs of Cabinet in the PMO, Dr. Phankham Viphavong (1st) and Dr. Khamphong Phanvongsa (2nd). Contact: Mr. Phouvong Vongkhamsao, tel: 021-900-615. Mr. Phouvong is the secretary of the chief, and he often gives advice about adoptions to the public.
 
  • Stage I: Working with USCIS (Department of Homeland Security)
  • Stage II: Preparing for the visa interview (Department of State)
  • Stage III: The immigrant visa interview
  • Stage IV: Visa production and pick-up
  • Contacting the Embassy
STAGE I: WORKING WITH USCIS (DEPARTMENT OF HOMELAND SECURITY)

I-600A Petition. For all families hoping to adopt a child from Laos, the first step is to file an I-600A Petition (Advanced Processing of Petition for Orphaned or Abandoned Child) with the USCIS. The I-600A petition ensures you have approval to adopt a child from abroad, and all state pre-adoption requirements have been met. The I-600A must be filed with the USCIS office having jurisdiction over your place of residence. You should contact the nearest USCIS office for information on filing the I-600A petition.
 
I-600 Petition. When you have identified a child in Laos whom you wish to adopt, you must file an I-600 Petition (Petition to Classify Orphan as an Immediate Relative) with USCIS.
 
If you file the I-600 petition in the U.S., try to ensure USCIS approves the petition before you leave for Laos to receive your child. You should ask USCIS to send telegraphic notice of approval (called a Visas 38 or Visas 39 cable) or fax notification of petition approval to the U.S. Embassy in Vientiane, Laos. We cannot accept fax copies of the Notice of Approval sent directly from you, but we can accept the original USCIS Notice of Approval of the I-600 petition (called an I-797), presented at the time of your child's interview.
 
If you wish to file the I-600 petition with the USCIS office in Bangkok, you should contact their office directly for details at:
U.S. Citizenship and Immigration Services (USCIS)
Sindhorn Building, Tower 2, 15th Floor
130-132 Wireless (Witthayu) Road, Bangkok 10330, Thailand
Tel: (662) 205-5352 or 5382
 
The I-600 petition must be approved before processing for a U.S. immigrant visa can begin. The Embassy will not interview an adopted child that does not have an approved I-600 petition. USCIS Bangkok requires original or certified copies of all Lao documents submitted with I-600 applications. Original or certified copies of all Lao documents may also be required at the time of the interview at the U.S. Embassy in Vientiane. USCIS Bangkok forwards all original documents with the approved petition to the U.S. Embassy in Vientiane. The USCIS documents will be returned to you when you pick up your visa.
 
STAGE II: PREPARING FOR THE VISA INTERVIEW (DEPARTMENT OF STATE)

Original or certified copies of all Lao documents will be required at the time of the interview at the U.S. Embassy in Vientiane. The documents used in the visa interview will be returned to you at the end of the interview. The basic set of Lao documents, which you must possess to process, the visa case are:
  • Child's birth certificate (if the parents' names are known, the names must appear on the birth certificate)
    For single-parent relinquishments: statement of relinquishment of the child by the parent with the reasons for the relinquishment and evidence that the parent was unmarried at the time the child was relinquished (marital status should be verified by police or other competent authority).
  • For abandonments: a statement from the orphanage/hospital detailing the circumstances in which the child became an orphan with police certification that the abandoned child's parents could not be located.
  • For two-parent relinquishments: statement of relinquishment of the child by parents to an orphanage/hospital or other state institution with the reasons for the relinquishment.
  • Orphanage/hospital release of the child for foreign adoption (optional).
  • Death Certificate of the child's deceased parent or parents (if applicable).
  • A decree from the Office of the Prime Minister of Laos authorizing the adoption.
  • Valid Lao passport with a valid Lao exit visa
In addition, English translations must be provided for all Lao documents. You should also have photocopies of all the child's Lao documents at the time of the interview.

NOTE: If custody of the child is transferred from one individual or institution to another, the transfer must be clearly documented. An "Orphanage Acceptance", specifying that an orphanage accepts custody of a child, is an example of a transfer of custody document.

Medical examination.  Prior to the interview, the child must undergo a medical examination. The only facilities authorized to perform medical examinations for U.S. immigrant visa applications are the Australian Embassy Clinic in Vientiane and the North Eastern Wattana General Hospital in Udorn Thani, Thailand.
 
Australian Embassy Clinic
Nehru Road, Ban Phonxay
Vientiane, Laos (near Pathouxai Monument)
Tel: (21) 413-603
 
North Eastern Wattana General Hospital
70/7-8 Suphakitjanya Road
Muang District, Udorn Thani, Thailand
Tel: (042) 241-0313
 
You should plan to do the examination at least several days before the interview. The sealed medical examination results must be presented at the interview. If the child is 11 years of age or older, the child must receive three immunizations: Tetanus-Diphtheria, MMR and Hepatitis B.
 
STAGE III: THE IMMIGRANT VISA INTERVIEW

During the immigrant visa interview, a Department of State consular officer will verify that the child meets the legal definition of an orphan and that the orphan's documentation is correct. If the visa is approved, the visa may take several days for printing because of new security requirements. The visa will allow the child to enter the U.S. as a legal immigrant.

Visa Interview.   After you have evidence of an approved I-600 petition from USCIS and have the documents listed above, you may come to the Consular Section of the U.S. Embassy at Ban That Dam in Vientiane between 8:00 a.m. and 11:00 a.m. any Friday for the child's interview. It is not necessary to telephone for an appointment. Since pre-screening will not be carried out in advance of the interview, please do not fax documents to the Embassy. The interview will take about thirty minutes, however, there may be a longer wait while data entry is completed and documents are prepared for the interview.

Visa Application Forms.   The following items should be completed and/or presented at the time of interview. An immigrant visa cannot be issued if any of the specified items are missing.
  • Form DS-230 Part I and II (Immigrant Visa Application Form)
  • Forms DS-2053, DS-3024, and DS-3026 (for the medical examination)
  • Affidavit concerning exemption from immigrant vaccination requirements for a foreign adopted child.
  • The child's Lao passport 
  • Four (4) color photos of your child in accordance with U.S. immigrant visa photo specifications
  • Originals or certified copies of all documents previously submitted as given above in Stage II
  • An Affidavit of Support (Form I-864) is required only in the following situation: In cases involving a married petitioner, where one of the couple has not met the child, the petitioner will be required to submit an original, signed and notarized I-864 Affidavit of Support and all required, supplemental documents as detailed below:
    • Copies of the Federal income tax returns with all W-2s and other supporting schedules/forms for the three most recent tax years
    • A current letter of employment or pay statement
    • I-864A for household member sponsors (e.g. spouses) plus proof of U.S. citizenship or Legal Permanent Resident status
    • Separate I-864/I-864A for joint sponsors with the above documentation plus proof of U.S. citizenship or Legal
Paying Fees. While the child's documents are being checked, you will be asked to pay the Consular Section cashier a visa application fee of $335.00 with an additional security fee of $ 45.00. Payment can only be made in U.S. dollars. Bills that are torn, stained or otherwise damaged cannot be accepted.
 
STAGE IV: THE VISA
 
Visas may take several days for printing because of new security requirements. Once you have the issued visa in hand you may proceed to the United States with your child. The sealed visa package must be given unopened to the USCIS officer at your port of entry into the United States.
 
ACQUIRING U.S. CITIZENSHIP: Under the Child Citizenship Act of 2000, which became effective on February 27, 2001, orphans adopted by U.S. citizens acquire U.S. citizenship automatically 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 adopted orphan who enters the United States on an Immediate Relative (IR) –3 visa and who meets the requirements listed above is a citizen upon admission. It is important that both parents (if married) and one parent if single have seen the child prior to or during the adoption in order to qualify for U.S. Certificate of Citizenship review.
A foreign-born orphan who enters the United States on an IR-4 visa and who will subsequently be adopted in a U.S. court is a Legal Permanent Resident upon admission. Once a final, legal adoption is granted in the state of residence, the child becomes a U.S. Citizen. For further information, please consult with the consular section at the U.S. Embassy or the nearest office of the U.S. Citizenship and Immigration Services. Additional information is available at: http://travel.state.gov/family/childcitfaq.html or http://uscis.gov/graphics/index.htm.

CONTACTING THE U.S. EMBASSY
Please feel free to contact the Consular Section of the U.S. Embassy by phone at (856) 21-267-000. You may also contact us by email at our e-mail address: CONSLAO@state.gov.
If you wish to contact us by U.S. domestic mail, please use this address:
Consular Section, U.S. Embassy
Box V
APO AP 96546