INTERCOUNTRY ADOPTION


FRANCE AND MONACO
 
June 2007


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. 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.


PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: The U.S. Embassy in Paris has not issued any orphan visas for Monegasques children for at least the last five years.


ADOPTION AUTHORITY IN MONACO:  The adoption authority in Monaco is the Direction of Judicial Services. 
Note: Monaco is solely a receiving state in matter of adoptions.


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  The government of Monaco requires prospective adoptive parents to be domiciled in Monaco.  A married couple can adopt legitimately (i.e. adoptive parents can change the child’s name to their same name and the child retains no ties to biological parents).  An unmarried couple or a single person can obtain only a limited adoption (i.e. child’s identity retains ties to biological parents).


RESIDENCY REQUIREMENTS: The government of Monaco requires prospective adoptive parents to be resident for 10 years.  Exceptions may be made by special permission from the sovereign prince.


TIME FRAME: Adoptions in Monaco typically take 9 – 12 months for completion.


ADOPTION AGENCIES AND ATTORNEYS: The government of Monaco does not require adoption attorneys or adoption facilitators for those Amcits resident in Monaco.

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/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.

Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.


ADOPTION FEES IN MONACO:  The government does not charge fees for adoptions, but prospective adoptive parents are expected to cover costs of translations, etc.


ADOPTION PROCEDURES: Monaco is solely a receiving state in matter of adoptions, and follows the rules of the Hague Convention.  Prospective adoptive parents send a letter to the Judicial Services branch of the Monegasque government, providing their address, phone number and family situation.  Upon receipt, the Judicial Services make an appointment for a personal interview, at which time all necessary explanations concerning the next steps of the procedure are provided. The Judicial Services will arrange for at least four appointments with different social services, to determine the prospective adoptive parents’ appropriateness to adopt. The Judicial Services also make enquiries directly with the country of origin of the child to determine the reasons and circumstances for the child’s being given up to adoption.


DOCUMENTS REQUIRED FOR ADOPTION IN MONACO: An affidavit of entrance and residence of the child in Monaco, issued by the Interior Ministry, must be provided to the Judicial Services.


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.travel.state.gov/law/info/judicial/judicial_701.html.


CONSULATE GENERAL OF MONACO IN THE US:

Consulate General of Monaco
565 Fifth avenue,
New York, NY 10017


U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.  The USCIS publication is available at the USCIS web site. The Department of State publication international Adoptions can be found on the bureau of consular affairs web site, travel.state.gov, under “intercountry adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.


U.S. EMBASSY IN PARIS, FRANCE: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section is located at:

2 Rue St. Florentin, 75001
Paris
Tel: 011-33-1-43-12-22-22 or (in France) 01-43-12-22-22
Fax: 011-33-1-42-61-61-40
http://france.usembassy.gov/


APPLYING FOR A VISA AT THE U.S. EMBASSY IN PARIS, FRANCE:  There is no U.S. Embassy in Monaco.  The U.S. Embassy in Paris, France has jurisdiction over all Immigrant Visa and issuances for Monaco.  U.S. citizens residing in Monaco who have adopted children and who have not obtained a U.S. immigrant visa for their child should contact the U.S. Embassy in Paris for information on how to apply for an immigrant visa on their child's behalf.


ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.


ADDITIONAL INFORMATION: Specific questions about adoption in Monaco may be addressed to the U.S. Consulate General in Marseille, France or the U.S. Consular Agency in Nice, France.  General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:
  • Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services 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 calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
  • U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

  • Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
  • Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the Country Specific Information for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.