INTERCOUNTRY ADOPTION


BOSNIA-HERZEGOVINA

March 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.

PLEASE NOTE: While there is nothing in Bosnian law that specifically prohibits foreigners from applying to adopt a Bosnian child, the law stresses that there must be overwhelming justification and exceptionally compelling reasons for a foreigner to be permitted to do so. The definition of "overwhelming justification" is judged on a case-by-case basis. The law says specifically that a foreign citizen may appear as an adoptive parent “if the adoption is in the best interest of the child and if the child cannot be adopted in Bosnia and Herzegovina.”

The Ministry of Social Policy in the Bosnian entity where the child is living (either the Federation or the Republika Srpska, RS) must approve his/her adoption by foreigners. In practice, it is extremely difficult to obtain this approval.

Immigrant visas for Bosnian citizens are issued at the U.S. Embassy in Zagreb, Croatia.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Bosnian orphans.

 Fiscal Year  Number of Immigrant Visas Issued
 FY 2005  3
 FY 2004  1
 FY 2003  2
 FY 2002  3
 FY 2001  1

ADOPTION AUTHORITY IN BOSNIA & HERZEGOVINA: In both entities of Bosnia and Herzegovina, the Federation and the Republika Srpska, adoptions are the responsibility of the municipal Centers for Social Work, the Bosnian equivalent of the county or municipal social services department in the United States. The municipal Center for Social Work prepares an adoption case for submission to the Ministry of Social Policy of the entity in question, which makes the final determination in the case. The Ministry of Social Policy will also seek the approval of the Ministry of Internal Affairs of the Federation or Republika Srpska, depending on where child is located.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Bosnian law requires that at least one adoptive parent be between the ages of 25 and 45, and that there be at least an 18-year age difference between that parent and the child. In exceptional circumstances, persons older than 45 may be permitted to adopt, but the age difference between the parent and child may not exceed 45 years. In practice, children are placed only with married couples.

In addition, persons falling into any of the following groups are prohibited from adopting Bosnian children:

persons whose parental rights have been taken away;

persons with a limited or no ability to work;

persons who provide insufficient guarantees that they will raise the child correctly;

persons who are mentally ill, retarded, or suffering from any illness that could endanger the health and life of the adopted child.

RESIDENCY REQUIREMENTS: There are no residency requirements for Bosnia.

TIME FRAME: The municipal Center for Social Work publishes its decision regarding its recommendation on an adoption within two months of receiving the adoption application. However, in practice it usually takes longer for the Center to make a decision. Once the Center reaches a decision they then forward the application package to the Ministry of Social Policy with their recommendation. The Ministry is supposed to reach a decision about a request for adoption in two months. Once the Ministry makes a decision, it is sent back to the Center that accepted the application. If the decision is favorable, the prospective adoptive parents must be personally present at the official ceremony (act) of adoption .

ADOPTION AGENCIES AND ATTORNEYS: There are no U.S. adoption agencies operating in Bosnia. The U.S. Embassy in Sarajevo maintains lists of attorneys. Prospective adoptive parents can contact the Embassy directly for a copy of that list.

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 our Web site travel.state.gov.

ADOPTION FEES IN BOSNIA & HERZEGOVINA: The Bosnian government does not charge a fee for its role in the adoption process.

ADOPTION PROCEDURES: Persons who wish to apply to adopt a particular child can do so by contacting the Center for Social Work of the municipality/district in which the child is resident and submitting the documents listed below. [Note: The Center for Social Work is the Bosnian equivalent of the county or municipal social services department in the United States.] Prospective adoptive parents who do not have a particular child in mind can contact the Center for Social Work for a designated area to inquire if there are any children eligible for adoption.

If the Center affirms that a child is eligible for intercountry adoption, the Center will request the documents listed below to determine the eligibility of the prospective adoptive parent(s). It should be noted that it is entirely possible that a Center will not respond at all to an inquiry from a foreign national, since under Bosnian law, intercountry adoption is permitted only in exceptional circumstances (typically when there is a compelling medical need, or one of the adopting parents is of Bosnian origin).

The Center then forwards the application package, along with its recommendation, to the Ministry of Social Policy. The Ministry makes a final decision and sends the package back to the Center. The Center then notifies the prospective adoptive parents. If the decision is favorable, the prospective adoptive parents must be personally present at the official ceremony (act) of adoption. This is an official act signed by the adoptive parents in person and representatives of the government. It takes place at the Center for Social Work. The court then issues an official decision or decree ratifying the proceedings conducted by the Center for Social Work. The court does not have the authority to overrule the Ministry's decision.

DOCUMENTS REQUIRED FOR ADOPTION IN BOSNIA & HERZEGOVINA: There is no specific application form. The prospective adoptive parent(s) must write a signed letter to the relevant Center for Social Work providing basic information about them. It can be submitted by mail or through an authorized representative. The application must be accompanied by the following documents about each of the adoptive parents:

  1. Certified Birth certificate.
  2. Certified Marriage certificates (if applicable).
  3. Medical certificate of good health, preferably provided by a hospital or general practice clinic, rather than a private physician.
  4. Proof of citizenship (certified copy of a birth certificate, naturalization certificate or passport).
  5. Police certificate (i.e., certificate that no criminal record exists) issued by local law enforcement authorities from every place of residence where the applicant has lived for more than a year since the age of 18.
  6. Court certificate (i.e., certificate proving that the prospective adoptive parent is not under any court investigation at the present time).
  7. Certificate about capacity for gainful employment. This should take the form of a resume of previous employment records, and an original letter (on official stationery) signed by the current employer, stating the job title, if the position is full- or part-time, how long the person has been employed and the salary.
  8. Certificate proving that the prospective adoptive parent has never been charged with child neglect or abuse. This may take the form of an official letter from the local department of child welfare.
  9. Documents testifying to the prospective adoptive parent's income and property.
  10. Home study (social worker's analysis) about the prospective adoptive family, including its ability to care for a child. For non-Bosnian applicants, including Americans, the social services department of the applicant's country must conduct the study.

All original documents and the application letter must be in English and each must be accompanied by a translation into Bosnian/Serbian/Croatian done by an official court translator. It is easier and less expensive to have the translations done in Bosnia. The U.S. Embassy in Sarajevo can provide a list of court translators. The Embassy itself cannot, however, do the translations.

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/.

BOSNIAN EMBASSY AND CONSULATES IN THE UNITED STATES:

The Embassy of Bosnia and Herzegovina
2019 E. Street, N.W.,
Washington, DC 2003
Tel: (202)337-1500.

Bosnia also has consulates in New York and Chicago.

US Immigration Requirements

Prospective adopting parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting 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 Adoption can be found on the Bureau of Consular Affairs Web site, travel.state.gov, under “International 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 BOSNIA AND HERZEGOVINA: 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:

U.S. Embassy, Consular Section
Alipasina 43
71000 Sarajevo
Bosnia and Herzegovina
tel: +387 33 445-700
fax: +387 33 221-837
e-mail: bhopa@state.gov

APPLYING FOR A VISA AT THE U.S. EMBASSY IN ZAGREB, CROATIA :

The American Embassy in Sarajevo cannot process or accept I-600 petitions for obtaining an immigrant visa for an adopted child. Parents interested in filing one of these petitions must visit the American Embassy in Zagreb, Croatia where immigrant visa interviews are conducted by appointment only. (telephone: 385-1-661-2245).

Note: Visa issuance after the final interview now generally takes 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.

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 intercountry adoption in Bosnia & Herzegovina may be addressed to the U.S. Embassy in Sarajevo. 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 international adoption of children 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 international country 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 flier. 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 CSI 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.
  • USCIS web site - http://uscis.gov/.