INTERCOUNTRY ADOPTION


GERMANY



December 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: The U.S. Consulate General in Frankfurt is the designated immigrant visa issuing post for Germany.


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

Fiscal Year      Number of Immigrant Visas Issued

FY 2006                                    2
FY 2004                                    0
FY 2003                                    2
FY 2002                                    0
FY 2002                                    0


ADOPTION AUTHORITY IN GERMANY:

The address of the Central Authority for intercountry adoption in Germany is:

Bundeszentralstelle für Auslandsadoption
(Federal Central Office for International Adoption)

Bundesamt für Justiz
(Federal Office of Justice)

Adenauerallee 99-103
53113 Bonn
Tel. + 49-228-99 410 5415
Fax +49-228- 99 410-5402

Internet:  www.bundesjustizamt.de
Email:  auslandsadoption@bfj.bund.de 

Persons wishing to adopt a child in Germany should contact either one of the following institutions:

Youth Welfare Office (Jugendamt) of each district/major city

Youth Welfare Office (Landesjugendamt) of each German state (Bundesland).

These organizations will be able to assist in arranging an adoption and in facilitating legal proceedings.  Please see the Hague Permanent Bureau for Private International Law web site for contact information. http://www.hcch.net/index_en.php?act=authorities.details&aid=178


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:

The minimum age for an adopting parent is 25 years old.  Married couples can only adopt together as husband and wife, with the minimum age for one parent being 25 years old and the minimum age of the second parent being at least 21 years old.  Same-sex couples cannot adopt as a couple.  However, one of the members of a couple may adopt alone.  There is no restriction on the nationality of the adopting parent. Singles, not in a relationship, as well as one member of an unmarried heterosexual couple, can also adopt a child in Germany. Germany also allows non-Germans to adopt a German child.

There is no legal upper age limit of an adopting parent; although German youth welfare offices prefer that the adopting parent(s) be under 40, particularly if they are adopting a baby.


RESIDENCY REQUIREMENTS:  There are no residency requirements to adopt in Germany.


TIME FRAME:  There is no specific time frame for the adoption process.  It varies from case to case and primarily depends upon the duration of the qualifying process and/or the difficulty of identifying a child for adoption.  However, the processing period may last from one to seven years and possibly longer.


ADOPTION AGENCIES AND ATTORNEYS: Prospective adoptive parents should visit the web site for the Hague Permanent Bureau for Private International Law for a list of accredited adoption agencies in Germany: http://www.hcch.net/index_en.php?act=authorities.details&aid=179

The U.S. Embassy in Germany also maintains a list of attorneys who have expressed a willingness to work with U.S. citizens. Please see the Embassy’s web site on living in Germany at http://berlin.usembassy.gov/germany/services/lists.html.

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 U.S. Department of State, Bureau of Consular Affairs web sitetravel.state.gov.


ADOPTION FEES IN GERMANY: There will be a surcharge of approximately U.S.$300 for the handling and review of the foreign documents; the court fees for the final adoption decree will be approximately US$100-130.  Prospective adoptive parents can expect to pay additional costs such as legal fees (attorneys), notarizations, flights, accommodations, etc, totaling several thousand dollars or more.


ADOPTION PROCEDURES: For both domestic and intercountry adoption, the prospective adoptive parent(s) must first approach either one of the youth offices listed above, the German Central Authority for intercountry adoption, the Central Authority in the country of the child’s habitual abode or an international adoption agency for an initial consultation.  After a favorable evaluation, the parents will be subject to a home study by their local youth welfare office. Their translated home study will be sent to the adoption authority office.  When a child has been identified, the adopting parent(s) and the child’s legal guardian sign an agreement before a German court or notary public.  Before the family court decides if the adoption may take place and issues the final decree, the adopting parent(s) have to prove that the child will be lawfully admitted into their home country.


DOCUMENTS REQUIRED FOR ADOPTION IN GERMANY:  There is no standardized checklist of required documents, as each youth office/or court has discretion to allow an adoption to take place or to issue the adoption decree.  However, the following is at least a partial list of the civil documents may be required:

  • the adopting parents’ certified birth certificate;
  • identification (passport, photo i.d., etc.);
  • marriage certificate (if applicable);
  • termination of previous marriage(s) (death certificate, divorce decree, etc.);
  • proof of parents’ income.

All of the above documents may require a German translation.


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/.


GERMAN EMBASSY AND CONSULATES IN THE UNITED STATES:

German Embassy
4645 Reservoir Road NW
Washington, DC, 20007-1998
(202) 298-4000
http://www.germany.info/relaunch/index.html

Germany also has consulates in Atlanta, Boston, Chicago, Houston, Los Angeles, Miami, New York, and San Francisco.


U.S. 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. CONSULATE GENERAL IN GERMANY:  U.S. citizens planning to travel overseas in the process of adoption are encouraged, along with all other U.S. citizens living or traveling abroad, 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.  U.S. citizens without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, U.S. citizens make it easier for the Embassy or Consulate to contact them in case of emergency. The U.S. Consulate General in Frankfurt is the only post in Germany that issues immigrant visas; it is located at the following address:

U.S. Consulate General
Immigrant Visa Unit
Giessener Strasse 30
60435 Frankfurt Am Main

The United States also has an Embassy in Berlin, as well as consulates in Dusseldorf, Hamburg, Leipzig and Munich.


APPLYING FOR A VISA FOR ADOPTED CHILDREN IN GERMANY: The process begins with the filing of a petition for the child at the U.S. Citizen and Immigration Services (USCIS) office at the U.S. Consulate General in Frankfurt.    The USCIS office accepts both I-600 (Petition to Classify Orphan as an Immediate Relative) and I-600A (Application for Advance Processing of Orphan Petition) petitions from U.S. citizens resident in Germany.

For detailed information from USCIS on filing a petition in Frankfurt, please review the customer service fact sheet regarding international adoption on the USCIS website at http://uscis.gov/. (Click on “Customer Service Fact Sheets” link, section A3.)

Prospective adoptive parents may file the I-600/A by mail or in person. Prospective adoptive parents may schedule an appointment on-line at their convenience by visiting the USCIS website at www.infopass.uscis.gov. Filing and fingerprinting services can be done using the same appointment. USCIS (Frankfurt) is opened to the public from 8:00 to 11:00 am on Monday, Wednesday and Friday. Information on specific cases is available by telephone from 8:00 am to 3:00 pm, Monday through Friday at (069) 7535-0 (Must ask for USCIS).

After the petition has been approved by the USCIS office, the Immigrant Visa Section at the U.S. Consulate General in Frankfurt will contact the petitioner in order to schedule an interview appointment.  The Immigrant Visa Section is open to the public from 8:00 am to 11:00 noon, Monday through Friday.  Information on specific cases is available from 2:00-4:00 pm on these days by telephone at (069) 7535-0.   Persons outside Germany will need to use the country code (49) and the city code (69) before dialing 7535-0.


NOTE: Medical examination results are required for all immigrant visa applicants and may be completed prior to or on the day of the interview.  Medical examination results are typically received directly from the designated physicians who work with the Consulate General within approximately three working days, and as a result, the immigrant visa cannot be issued on the same day as 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 adoption in Germany may be addressed to the U.S. Consulate General in Frankfurt.  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 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 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 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 U.S. 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/.  A customer service fact sheet regarding international adoption can be found by clicking on the “Customer Service Fact Sheets” link in section A3.