INTERCOUNTRY ADOPTION


MOLDOVA


July 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 on our website under Hague Adoption Convention

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:

Moldova 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 theFAQs: Transition Cases and the Hague Adoption.


PLEASE NOTE: Adoption in Moldova can be a complicated process, sometimes involving long waits.  Moldovan adoption law gives preference to Moldovan citizens and citizens of countries that have implemented the 1993 Hague Convention on Intercountry Adoption. 

Immigrant visas for Moldovan citizens, including adopted Moldovan orphans, are issued by the U.S. Embassy in Bucharest, Romania.  Since January 1, 2007, visas are required for Moldovan citizens, including adopted Moldovan orphans, who need to enter Romania.  Visas for travel to Romania may be obtained at the Romanian Embassy in Chisinau.  This new requirement has caused a very strong demand for visas.  Those requiring Romanian visas should apply well in advance of planned travel.


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

20

FY 2006

16

FY 2005

54

FY 2004

32

FY 2003

12


Intercountry adoptions are permitted in exceptional cases, when no relatives or other Moldovan families are able to adopt orphans or become their guardians.  Children who have health or developmental problems that Moldovan families cannot afford to treat are also considered exceptional cases.

Information about children eligible for adoption is published in the Monitorul Official, the Moldovan government’s official register.  For the first six months after this information is published, an adoptable child is eligible only for domestic adoption by Moldovan citizens.  After six months, an adoptable child is eligible for intercountry adoption.  Prospective adoptive parents may indicate the sex and age range of the child they prefer.


ADOPTION AUTHORITY IN MOLDOVA :

The Ministry of Social Protection, Family and Child
Adoption Department
Ms. Eugenia Gonciar
Head of Department  
# 1 Vasile Alecsandri Street , Office # 409
Chisinau, Moldova
Tel/Fax:  (373 22) 725 300     


ELIGIBILITY TO ADOPT:  The minimum age requirement for adoptive parents is 25, and the maximum is 50, unless one of the couple is under the age of 50.  Married couples and single people may adopt; unmarried couples may not adopt from Moldova .

The presence of the following conditions disqualify prospective adoptive parents from adopting in Moldova : HIV/AIDS, psychological and behavioral disorders, drug addiction, chronic alcoholism, chronic somatic diseases (disability of the 1st and 2nd degree), various forms of cancer, Hepatitis B, C or D.  The following conditions may temporarily disqualify a person from adopting: sexually transmitted diseases, tuberculosis and severe virulent diseases.


RESIDENCY REQUIREMENTS:  There are no residency requirements for foreign adoptive parents.  


TIME FRAME:  An adoption can take six to nine months to complete from the time a child is matched with prospective adoptive parents until the completion of the adoption.  


ADOPTION AGENCIES AND ATTORNEYS:  Because Moldova 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 “A Guide for Prospective Adoptive Parents.”  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.

In addition, when adopting in Moldova, prospective adoptive parents are required to use an adoption agency that is also accredited in Moldova.  The following U.S.-based accredited adoption service providers are also accredited in Moldova:

Bal Jagat Children’s World, Ink
5199 E. Pacific Coast Hwy, Suite # 204
Long Beach, CA 90804

Phone: (562) 597-5029
Fax: (562) 597-7696
Email: baljagat@verizon.net
Web: www.baljagat.org

Carolina Adoption Services

301 North Elm Street, Suite 500
Greensboro, NC 27401-2189

Tel: 336-275-9660
Fax: 336-273-9804

1601 Oak St., Suite 107
Myrtle Beach, SC 29578

Tel: 1-800-632-9312 (in-state callers)
Email: info@carolinaadoption.org
Internet: http://www.carolinaadoption.org/

Children's Home Society and Family Services

1605 Eustis Street
St. Paul, MN 55108-1219

Tel: (651) 646-6393
Fax: (651) 646-0436
Toll-Free: (800) 952-9302
World Wide Web: http://www.chsm.com
E-mail: welcome@chsm.com
Intercountry Program - Child Placement

Hand in Hand International Adoptions
931 East Southern Avenue, Suite 108
Mesa, AZ 85204
Tel: (480) 892-5550
Fax: (480) 892-7322
World Wide Web: http://www.hihiadopt.org/
E-mail: arizona@hihiadopt.org
Intercountry Program - Child Placement

Spence Chapin Services
6 East 94th Street
New York, NY 10128-0698
Tel: 212-369-0300
Fax: 212-722-0675
Internet: http://www.spence-chapin.org/

World Links, Inc.

425 Spruce Street , Third Floor
Scranton, PA 18503
Tel: (570) 344-8890
E-mail: world@worldlinksadoption.org
Web: http://www.worldlinksadoption.org


ADOPTION FEES IN MOLDOVA: 
There is a government fee of 1,500 euros for each adopted child and cost of airfare for adoption-related travel.   Separate attorneys’ fees can vary greatly. The U.S. Embassy in Moldova 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 Moldova at risk.


ADOPTION PROCEDURES: To begin the adoption process, a registered adoption agency, through its Moldovan representative, forwards the foreign prospective adoptive parents’ file to the Adoption Department (See the list of required documents below.)   The Department in turn forwards the file to the Education Directorate in the district where a prospective adoptable child resides.

The local Inspector for the Protection of Children’s Rights in the district, together with a physician and the director of the orphanage, examines the file and matches the family with an eligible child.

The prospective adoptive parents are then provided with complete, official information about the child, including health and family background.  The Moldovan representative sends the prospective parents this information including photographs or a video of the child.  The representative will also send answers from the Moldovan authorities to all additional questions the prospective adoptive parents may have about the child.  The prospective parents have the option to refuse a prospective adoptive child.  If they do so, they must inform the Moldovan authorities in writing of their decision.

If the prospective parents agree to accept the child, they send a letter to the Adoption Department through their agency’s representative, acknowledging that they are aware of any specific health or other problems, and accept the child.  The orphanage receives a copy of the letter the Department.

The district’s Directorate of Education must then approve the prospective adoption and provide full information on the adoptive parents and the adoptive child to the Adoption Department.   If approved, the Directorate of Education will forward a Notice of Approval of Adoption to the Department.  The Adoption Department will then decide whether to approve the adoption.   Although prospective adoptive parents do not need to travel to Moldova to meet the prospective adoptive child at the time of the acceptance of the match, both parents must appear in court in Moldova to finalize the adoption.

The approved adoption file then proceeds to the court system through the district’s Inspector for the Protection of Children’s Rights.

Once the adoptive parents satisfy the Moldovan adoption requirements, a judge must grant a final adoption.  The Moldovan government will then allow the child to leave Moldova .  The adoptive parents can change the child’s name and request a new birth certificate (listing their names as parents) at the Moldovan Civil Registry office.  Afterwards, the adoptive parents need to apply for a passport for the child at the Moldovan passport office.


DOCUMENTS REQUIRED FOR ADOPTION IN MOLDOVA:

The adoption application should contain:

  • name; year, month and day of birth; residence of the prospective adoptive parent(s);
  • name; year, month and day of birth; residence of the child to be adopted,
  • information about the biological parents and siblings of the prospective adoptive child; and,
  • request to change name and place of birth (in the case of adoption of a child who is 1 year of age or over), and register the adoptive parents as the birth parents on the child’s birth certificate.

The following documents shall be attached to the application:

  • A copy of the adoptive parent’s birth certificate, if the adoption is solicited by an unmarried person;
  • The written consent of the spouse or, proof of the legal termination of any prior marriage (such as a final decree of divorce), if applicable;
  • Doctor’s certificate of the prospective adoptive parents (see the “Eligibility Requirements for Adoptive Parents” section above for medical ineligibilities);
  • Employment certificate, including the occupation, years of service, and income;
  • An authenticated copy of the prospective adoptive parent’s Deed of Sale or lease agreement;
  • The court presiding over the adoption may require additional documents, including criminal records, if applicable; and

Approval by the prospective adoptive parents’ government and permission for the adopted child to reside in their new country of residence.  

All documents must be properly authenticated and translated into the State Language (Romanian).

Two copies of all the above-listed documents must be submitted together with the adoption   application. 

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.


MOLDOVAN EMBASSY IN THE UNITED STATES:

2101 S. Street N.W.
Washington, D.C. 20008
Tel: (202) 667-1130/1/7
Fax: (202) 667-1204
E-mail: moldova@dgs.dgsys.com


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 (www.uscis.gov) to download forms and filing instructions.


ORPHAN INVESTIGATIONS AT THE U.S. EMBASSY IN CHISINAU:  An orphan investigation (Form I-604, Report on Overseas Orphan Investigation) is required in all orphan adoption cases (transition cases) and serves to verify that the child is an orphan as defined by U.S. immigration law.  A consular officer at the U.S. Embassy in Moldova will conduct this investigation.

In order to be prepared for the I-604 interview at the U.S. Embassy in Chisinau, adoptive parents must have their U.S. passport and the following documentation and the corresponding English language translations:

  • A certified copy of the child's original Moldovan birth certificate;
  • The child's new birth certificate;
  • The letter of recommendation on the adoption from the Adoption Department;
  • The final decree of adoption;
  • The child's Moldovan medical report;
  • Proof the child’s orphan status; and ,
  • A statement from the orphanage that the child has not been visited by anyone, including known or suspected relatives, for at least the last six months.

This I-604 adoption interview with a consular officer is an important part of the intercountry adoption process. It is an opportunity for a consular officer in Moldova to see the locally generated documentation on each adoption, to review the information with the adoptive parents, and to send advance information to the U.S. Embassy in Bucharest, Romania .   If there is a problem with an adoption, the consular officer in Moldova will be able to discuss it with the adoptive parents and try to find a solution to the problem BEFORE the adoptive parents and their new child travel to Bucharest for the child's immigrant visa interview.

After the I-604 interview at Embassy Chisinau, the adoptive parents and their newly adopted child proceed to the American Embassy in Bucharest, Romania .  The consular section of the U.S. Embassy in Chisinau is open Monday through Friday from 8:30 a.m. to 5:30 p.m.  Please call the Embassy to schedule an appointment for the I-604 interview in advance. 


U.S. EMBASSY IN MOLDOVA 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:

103, A. Mateevici Street
Chisinau , Moldova MD 2009
Tel: (373 22) 408 300
Fax: (373 22) 226 361
E-mail: Chisinau-ca@state.gov
Internet:   www.moldova.usembassy.gov 


APPLYING FOR AN IMMIGRANT VISA FOR AN ADOPTED CHILD AT THE U.S. EMBASSY IN BUCHAREST: The adoptive child and parents must travel to Bucharest, Romania, to apply for an immigrant visa for the United States.  In general, applying for the immigrant visa in a transition case involves submission of DS-230 application forms, evidence that the I-600 and/or I-600A have been approved, and a review of information obtained during the I-604 investigation in a transition case.

Applying for the immigrant visa in a Hague Convention case follows a preliminary interview by a Consular Officer upon receipt of a provisionally approved form I-800.  Please note that in a Convention case, the adoption must not be completed in Moldova until AFTER the receipt of provisional approval of the form I-800.  Consular officers will also ensure that the child has a valid passport for travel to the United States, a satisfactory medical examination from a panel physician in either Chisinau or in Bucharest, and evidence of financial support, if applicable.  Please visit the web site for the U.S. Embassy in Bucharest for more information on immigrant visa application procedures at http://bucharest.usembassy.gov/Visas/Immigrant.html.


U.S. EMBASSY IN BUCHAREST, ROMANIA The Immigrant Visa Unit is located at:

Street Nicolae Filipescu nr. 26
Bucharest, Romania
Tel: (40 21) 200 3300
Fax Immigrant section: (40 21) 200 3505
Email: visasbucharest@state.gov
Internet: http://bucharest.usembassy.gov/  


NOTE:
Visa issuance after the final interview now generally takes at least 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.  Adoptive parents should verify current processing times at the appropriate consulate or embassy before making final travel arrangements.


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