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EmailINTERCOUNTRY ADOPTION
POLAND
April 2008
Disclaimer: The following is intended as a general guide to assist
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 http://www.travel.state.gov/family/adoption/convention/convention_462.html on the Children and Family pages on intercounry 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,
TRANSITION CASES: Under
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 the FAQs: Transition Cases and the Hague Adoption Convention .
PLEASE NOTE: At the present time, Polish judges require both adoptive parents to have met the child prior to adoption. In rare cases,
a judge may permit an adoption when only one prospective parent has met the child prior to adoption. In such cases, the documentary
requirements for prospective parents will differ slightly. Please see further down in this flyer for additional information.
PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE
|
Fiscal Year |
Number of Immigrant Visas Issued |
|
FY 2007 |
84 |
|
FY 2006 |
67 |
|
FY 2005 |
73 |
|
FY 2004 |
100 |
|
FY 2003 |
93 |
ADOPTION AUTHORITY IN
Mrs. Elzbieta Podczaska, Director
Publiczny Osrodek Adopcyjno-Opiekunczy
ul. Nowogrodzka #75
02-018 Warszawa
Tel/fax: 48-22-622-0370, 0371, or 0372 (Please note that Mrs. Podczaska does not speak English, but members of her staff do.)
e-mail: poaowa@poczta.onet.pl
There are three adoption centers in
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Ul. Krakowskie Przedmiescie 6
00-325 Warszawa
Tel/fax: 48-22-827-7813; tel: 48-22-435-4677 through 4688
e-mail: tpd-zg@tpdzg.org.pl - Catholic Adoptive-Guardian Center (Katolicki Osrodek Adopcyjno-Opiekunczy)
Ul. Grochowska 194/196
04-357 Warszawa
Tel/fax: 48-22-818-5430
e-mail: katolickiosrodek@interia.pl or katolickiosrodek@adopcja.org
website: www.adopcja.org
Prospective adoptive parents who wish to use the
Polish adoption law does not explicitly forbid directed or private adoptions. However, Polish law only allows intercountry
adoption of orphans listed by the Public Adoptive-Guardian Center. This Center will only list orphans for intercountry adoption
for whom no adopting Polish family can be found. Thus, in practice it is extremely difficult to arrange a directed adoption
between a birth parent and prospective adoptive parent without violating Polish law. In addition, children adopted by
Before considering “direct” or “private” adoptions in any country, please contact the Office of Children
ELIGIBILITY TO ADOPT: Under Polish law, there are no formal, legal restrictions on the age of prospective adoptive parents. In practice, however,
prospective adoptive parents may be up to 40 years older than the child. Single prospective parents and non-Catholics are
also permitted to adopt a child in
RESIDENCY REQUIREMENTS: There are no Polish residency requirements for prospective adoptive parents.
TIME FRAME: Polish adoption procedures are complicated, time consuming, and often require professional legal guidance. A competent lawyer
may handle many of the legal formalities in
There is a 21-day appeal period between the time of the final adoption hearing and the time the court’s decision goes into
legal force. At the judge’s discretion, this appeal period may be shortened to 14 days. In general, prospective adoptive
parents can expect to stay in
(Note: The U.S. Embassy in
Adoption Agencies and Attorneys: 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
Because
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
It is also customary, but not required, for adoptive parents to make donations in the amount of $300-$1000 each to the orphanage
where their child was living and/or to the private adoption center (
ADOPTION PROCEDURES: An application to the
After the child has been identified and the prospective adoptive parents agree to continue with the adoption process, a formal
request to adopt the child is then filed with the Polish court in the region where the child resides. The documentation
should consist of the original documents previously submitted to the
DOCUMENTS REQUIRED FOR ADOPTION IN
- An application to the
- Birth certificate(s) of the prospective adoptive parent(s);
- Marriage certificate(s), and proof of termination of previous marriage(s), if applicable;
- Good conduct police certificate from the local police department where the prospective adoptive parents reside;
- Evidence of financial stability, such as tax returns, deeds to property, bank statements, letters from employers stating salary and length of service;
- Proof of citizenship (e.g., copy of passport);
- Certificate attesting to good physical and mental health of the prospective adoptive parents;
- Evidence of approval by local social service authorities for adoption as well as a copy of the home study conducted by a licensed agency.
- Evidence of approval from the
AUTHENTICATING
POLISH EMBASSY AND CONSULATES IN THE UNITED STATES:
Embassy of the
Tel. 202/232-4517 or -4528
Internet: http://www.polandembassy.org.
U.S.
American Embassy – Consular Section
IV Unit/Adoptions
Ul. Piękna 12
00-540
Tel: 48-22-625-1401 or 48-22-504-2106;
Fax: 48-22-504-2039
E-mail: adoptwrw@state.gov
http://warsaw.usembassy.gov
APPLYING FOR A VISA AT THE
VISA INTERVIEW
While the U.S. Embassy appreciate that adopting parents are usually eager to return to the U.S. as quickly as possible, parents
should realize that an immigrant visa cannot, under any circumstances, be issued until all necessary documents have been obtained.
Since some required documents are not available until after the adoption is final, no immigrant visa can be issued until the
adoption is final. In most cases in
If everything is in order, the child
REQUIRED DOCUMENTS
The following documents are required at the time of the final visa interview:
- Confirmation from USCIS of a provisional approval of an I-800 petition, or, in a transition case, an approved and valid I-600A petition, and completed I-600 petition, with original signatures by both adopting parents.
- USCIS confirmation of a valid fingerprint clearance
- Immigrant Visa application (Form DS-230, Parts I and II), signed by one parent on behalf of the child, in the presence of a consular officer. Information on the form should pertain to the child, not the adopting parents. These forms can be downloaded from our web site at http://www.travel.state.gov.
- Two color photographs, square 5x5 cm, front view of the child’s face, with a white or light background
- Results of the child’s immigrant visa physical examination, including a vaccination report. A signed and notarized affidavit regarding deferral of vaccinations must be presented if any of the vaccinations are missing. The form may be signed by either of the adopting parents and notarized
by a U.S. Consular Officer or
- An Affidavit of Acknowledgement of Health Problems of Adopted Child. Both parents’ signatures must be notarized and may
be done in the presence of a U.S. Consular Officer or
- The final adoption decree, declaring that the court has ordered the child’s complete and unconditional adoption (original and 1 copy with English translation)
- The child’s complete original (pre-adoption) birth certificate (original and 1 copy with English translation)
- The child’s complete new (post-adoption) birth certificate, listing the adopting parents as parents (original and 1 copy with English translation)
- Court records pertaining to the disposition of the birth parent’s rights, including, if applicable, the fact that an unacknowledged father has no parental rights (original and 1 copy with English translation)
- If applicable, records of the child’s stay in an orphanage (with English translation)
- Original passports for each adopting parent
- The child’s original Polish passport issued in the child’s new name
- Immigrant visa fee of U.S. $380. This fee may be paid with clean, unmarked U.S. dollars, Polish zloty equivalent at the Embassy’s exchange rate, American Express traveler’s checks drawn on U.S. dollars, or Visa or Mastercard credit cards with proof of identification.
Additional Documents for Some Cases: At the present time, Polish judges require both adoptive parents to have met the child prior to adoption. In rare cases, a judge may permit an adoption when only one prospective parent has met the child prior to adoption. When only one adoptive parent has met the child prior to the final adoption, the following additional documents are required:
- A notarized statement from the parent who has not met the child that he or she intends to adopt the child in the
- Affidavit of Support (Form I-864) and supporting tax documentation
MEDICAL EXAM
Each adopted child must be examined by an Embassy panel physician before an immigrant visa can be issued. Adopting parents
are responsible for making an appointment with one of the physicians listed below. The physical examination required for
children is not exhaustive. If parents wish their child to have a specialized examination or testing, they may ask the Embassy
panel physician for a referral to a specialist. The fee for the exam by the panel physician, which has been established in
agreement with the U.S. Embassy in
Adopting parents should keep several points in mind regarding the medical examination. First, medical exams seem to be quick and somewhat cursory. They should be regarded as a general check-up of the child’s health and not as an in-depth examination designed to find every possible medical problem. Second, medical facilities often lack Western-style equipment for diagnoses; this factor, along with the brevity of the physical exam, means that not every potential medical problem is definitively diagnosed. Finally, please remember that a more expensive examination is not necessarily a more thorough one. Physicians’ hours and fees vary, as do the length and thoroughness of their examinations.
The medical examination process must be completed before the immigrant visa appointment. The medical examination and laboratory tests may only be done at the addresses given below. Each applicant will be required to show his/her passport as identification at each step of the medical process. Please bring one photo of the child to the medical exam. This photo will be attached the medical examination form and submitted to the Embassy. Medical examinations performed by anyone other than the Embassy panel physicians listed below are not accepted.
All applicants 15 years or older must have a full chest X-ray taken at one of the authorized laboratories, and a blood test
for syphilis and HIV infection. Before leaving the X-ray lab, please make sure that the following information is imprinted
on the X-ray: first and last name, passport number, date the X-ray was taken, and the name of the X-ray lab. Applicants 15
years or older must bring the chest X-ray and the results of the blood tests with them to the doctor. The chest X-ray must
be taken to the
Results of the medical examination are valid for one year from the date of examination. All children 14 years or younger must be accompanied to the medical exam by an adopting parent or guardian. The panel physicians have the necessary forms in their offices. At the conclusion of the examination, the doctor completes several forms and hands them to the parents in a sealed envelope to be delivered to the Embassy at the time of the final interview.
- Mumps
- Measles
- Rubella
- Polio
- Tetanus and Diptheria Toxoids
- Pertussis
- Influenza Type B (HIB)
- Hepatitis B
- Varicella
- Pneumococcal
- Influenza
To assist the panel physician and to avoid processing delays, immigrant visa applicants should have their vaccination records
available for the panel physician’s review during the medical exam. Visa applicants should consult with their regular health
care provider to obtain a copy of their immunization record, if available. If you do not have a vaccination record for your
newly adopted child, the panel physician will work with you to determine which vaccinations the child may need to meet the
recommendation. Certain waivers of the vaccination requirement are available upon the panel physician’s recommendation.
Only a physician can determine which of the listed vaccinations are medically appropriate, given the age, medical history,
and current medical condition of the visa applicant. The vaccination requirement can be postponed for children 10 and younger
if an adopting parent signs an affidavit prior to the child’s arrival in the U.S. attesting that, within 30 days of the child’s
admission to the
The per-person fee for a physical exam in
ACQUIRING
ADDITIONAL INFORMATION:
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- 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
- USCIS web site
