INTERCOUNTRY ADOPTION


GEORGIA



May 2008


DISCLAIMER:  The following is intended as a general guide to assist U.S. citizens who plan to adopt a child from a foreign country.  Three sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the eligibility of individual children for adoption, as well as the adoption of children in that country in general; 2) the laws of the adoptive parents’ state of residence establish qualifications they must meet in order to adopt; and 3) U.S. immigration law governs the immigration of the child to the United States.  In addition, the Hague Convention on Intercountry Adoption, to which the United States became a party on April 1, 2008, establishes legal and regulatory requirements for intercountry adoption. 

The adoption of children from countries that are party to the Hague Convention must follow the procedures outlined by the Convention, and its U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA).  More information on the IAA and the Convention can be found at www.travel.state.gov on the Children and Family pages on intercountry adoption.

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.


THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:

Georgia is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) and with which the Convention is in force for the United States .  


TRANSITION CASES:  Under U.S. law, an adoption case involving a Convention country already in process on April 1, 2008 when the Convention entered into force with respect to the U.S. did not/not change into a Hague case on that date. These transition cases will continue to be processed in accordance with the immigration regulations for orphan adoptions which were in effect at the time the case was filed, explained in the State Department Flyer “How Can Adopted Children Come to the United States .”

If the Application for Advance Processing of an Orphan Petition (I-600A) or Petition to Classify an Orphan as an Immediate Relative (I-600) was filed before April 1, 2008, then the Convention and the IAA will not apply to that case.  The Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS) considers a case properly filed when USCIS receives an application or petition along with any required filing fee.  The filing date is stamped on the application or petition to show the time and date of actual receipt.   For further information on transition cases, please see FAQs: Transition Cases and the Hague Adoption Convention.


PLEASE NOTE:   A very limited number of Georgian children are eligible for intercountry adoption.  On May 1, 2008, a new adoption law took effect in Georgia that established a mandatory waiting period of 18 months before children available for adoption in Georgia can be considered for intercountry adoption.  Information about available children may be obtained by contacting Ms. Tamar Golubiani, head of the Child Care Department at the Ministry of Education and Science.  Her contact information is below. 


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

4

FY 2006

9

FY 2005

12

FY 2004

20

FY 2003

55


ADOPTION AUTHORITY IN GEORGIA :  The government office responsible for adoptions in Georgia is the Ministry of Education and Science.  The main contact is Ms. Tamta Golubiani, the head of the Child Care Department. 

Ms.Golubiani speaks English.
52 Uznadze Street
Tbilisi, Georgia 0102
Tel: 995-32-95-71-32 and 995-32-95-08-79 


ELIGIBILITY TO ADOPT: Prospective adoptive parents must be at least 16 years older than the child they wish to adopt.  Spouses must adopt the child jointly.  Unmarried individuals may also adopt.  Persons who have been denied parental rights in a court of law or who have had other adoptions annulled due to failure to perform parental duties may not adopt.  Persons unable to perform parental duties due to physical or mental illness, moral, criminal or other reasons may not adopt. 


RESIDENTIAL REQUIREMENTS:  There are no residency requirements in Georgia for prospective adoptive parents.   


TIME FRAME:  Georgian adoptions should take from three months to nine months.   However, the U.S. Department of State is aware of individual cases that took much longer than nine months.


ADOPTION AGENCIES AND ATTORNEYS: Georgia does not require adoption agencies to be licensed or accredited.   The Ministry of Education requires that the prospective adoptive parent(s) submit the required documentation, legalized by the Georgian Embassy in the U.S. , directly to the Ministry of Education.  While the Ministry will accept applications submitted through adoption agencies or facilitators, the use of such intermediaries has sometimes lengthened the process.  

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 authority in the U.S. state where the agency is located or licensed.  Please also see Important Notice Regarding Adoption Agents and Facilitators at the Department of State, Bureau of Consular Affairs web site travel.state.gov.

Because Georgia is a Convention country, adoption services must be provided by an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider. These terms are defined in 22 CFR Part 96 and explained in the Department’s website Brochure for Prospective Adoptive Parent(s)  .  For purposes of this document, accredited agencies, temporarily accredited agencies, and approved persons are referred to with the shorthand term “accredited adoption service providers.”

It is essential that prospective adoptive parent(s) seeking to adopt from a Convention country use an accredited adoption service provider.  The Department maintains a current list of accredited adoption service providers .   The list of accredited adoption service providers is also provided on the website of the Hague Permanent Bureau at www.hcch.net.


ADOPTION FEES IN GEORGIA : The average total fees in Georgia are around $4,000 to $5,000.  This fee includes the cost of an attorney, translation and notarization services as well as other costs charged by the Georgian government including the child’s passport.  Please note that the Ministry of Education does not charge any fees for the referral of a child for adoption.   If a prospective adoptive parent uses an adoption agency the total fee to adopt a child could be from $20,000-$30,000. 

The U.S. Embassy in Georgia discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in Georgia at risk.


ADOPTION PROCEDURES: Children available for adoption are registered in the Central Registry Database maintained by the Ministry of Education.  The children can be adopted locally only for eighteen months after being put in the database.  According to the Georgian adoption law that took effect on May 1, 2008, a child is only eligible for intercountry adoption after eighteen months in the database.  Only the Ministry of Education is authorized to make matches of adoptive parents with available children, and only after the adoptive parents’ application for adoption is approved.

U.S. citizens wishing to adopt a child from Georgia must submit the documents listed below to the Ministry of Education for approval.  It usually takes two to three months of review and investigation by the Ministry before the application is accepted.  The Ministry will then provide the adopting parent(s) with basic information about children in the Central Registry Database (date of birth, sex, and medical diagnosis if relevant).  After the adopting parent(s) confirms in writing a willingness to adopt, the adopting parent(s) is provided with the location of the child, allowed to visit, and have any desired medical consultations done.  A final written confirmation from the adoptive parent(s) in regards to a specific child is then required before the Ministry of Education will submit a statement of adoption consent to the City Court Civil Cases Collegium. The length of this process fluctuates; there have been informal reports by adoptive parents(s) that the Ministry of Education review takes longer than the three to nine months stated above.  The prospective adoptive parents must submit the documents to the Ministry of Education and see the child before the Ministry will issue the statement of adoption consent.

Prospective adoptive parents must be present at the court session.  After the court has approved the adoption, copies of all documentation are taken by the prospective adoptive parents or facilitators to the regional registration department, where the new birth certificate and the adoption certificate are issued.  The adopting parents must be present for this procedure. A new Georgian passport, based on the new birth certificate, will be issued.


DOCUMENTS REQUIRED FOR ADOPTION IN GEORGIA : Prospective adoptive parents need to submit the following documents directly to the Ministry of Education:  

  • Statement from the adoptive parent(s) indicating their full name, address, age, and sex and the category of child desired for adoption;
  • Copy of passport(s);
  • Copy of marriage certificate if applicable.  If single or divorced, a sworn statement notarized by the consular section of the U.S. Embassy;
  • Documents from a U.S. doctor certifying health of adoptive parents, including a psychiatric certificate; 
  • Certificate from adoptive parent’s workplace indicating position and salary;
  • Copy of adoptive parent’s personal financial account;
  • Clean record of no criminal activity of the adoptive parents; 
  • References from friends, family, clergy, this is often covered by the home study;
  • Completed home study;
  • I-800 approval.  

All the above documents MUST be translated into Georgian, notarized by a notary public, and then authenticated and legalized by the Consular Office of the Georgian Embassy in the U.S. (see address and contact information below).


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  For more information on authenticating U.S. documents to be used abroad, please see the Judicial Assistance section of our website.


GEORGIAN EMBASSY IN THE UNITED STATES:

Embassy of Georgia
1101 15th St., NW, Suite 602
Washington, D.C.   20009
Tel:  202-387-2390
Consular Section: 202-393-6060
Fax: 202-393-4537

Email:  embassy@georgiaemb.org  or consulate@georgiaemb.org
Internet:  http://www.georgiaemb.org


U.S IMMIGRATION REQUIREMENTS:As of April 1, 2008, U.S. citizens wishing to adopt in a Convention country must begin the process by filing with the U.S. Citizenship and Immigration Services (USCIS) a form I-800A Application for Determination of Suitability to Adopt a Child from a Convention Country.  Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, USCIS website to download forms and filing instructions.


APPLYING FOR A VISA FOR AN ADOPTED GEORGIAN CHILD AT THE U.S. EMBASSY IN GEORGIA :   If possible, adoptive parents should try to schedule an appointment before coming in for the immigrant visa.  Please contact the Consular section at 27-70-00 (local call) to schedule an interview one to two days in advance.  The American Citizens Services (ACS) assistant will set a tentative date with the Immigrant Visa Unit for the child’s visa interview. 

The Consular Section accepts visa applications and conducts interviews between 3:00-5:00 p.m. each day.  The 5:00 p.m. deadline is firm; those arriving late will be asked to return the following business day.  If documentation is not complete, an Immigrant Visa employee will advise what needs to be remedied.  If the issue cannot be resolved by 5:00 p.m. that day, a visa appointment will be scheduled for the first business day after the issue is resolved.  On the day of the interview, the U.S. citizen adoptive parents and their adopted child are asked to arrive at the Consular Section no more than fifteen minutes before the interview.  Only the adoptive parents and their children will be allowed to enter the consular section.  Once approved, visas will be available for pick-up the following business day at 3:00 p.m.

For more information, please visit the adoption page of the web site for the U.S Embassy in Georgia.


U.S. EMBASSY IN GEORGIA:   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, 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:

11 George Balanchine St., Tbilisi, Georgia 0131
Tel: (995) (32) 277-000,
Email:  consulate-tbilisi@state.gov
Website:  http://www.usembassy.ge. 


ACQUIRING U.S. CITIZENSHIP:  Please see the Child Citizenship Act of 2000 for further information on acquisition of U.S. citizenship for adopted children.


ADDITIONAL INFORMATION:

  • U.S. Department of State Office of Overseas Citizens Services - For information on intercountry adoption and international parental child abduction, and security information for U.S. citizens traveling abroad, call Toll Free 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. EST/EDT, 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 - For information on immigrant visas for adopted orphans, call (202) 663-1225. Press 1 for additional information on visas, and press 0 to speak to a Visa Information Officer, available 8:30 a.m.  - 5:00 p.m. EST/EDT, Monday through Friday (except Wednesdays 11 a.m. - 12:00 noon)
  • U.S. Citizenship and Immigration Services (USCIS) - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
  • National Visa Center (NVC) Public Inquiries (603) 334-0700, Email: nvcinquiry@state.gov.
  • 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 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 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.
  • USCIS web site