Ukraine Adoption

One more update

The Ukraine government has also decided to limit the number of adopting families every year, by country.

The US Embassy says Ukraine has decided that 558 dossier submissions have been allocated to parents from the U.S. for calendar year 2007. The U.S. remains on top of the list of foreign countries adopting from Ukraine, followed by Italy (494 dossiers) and Spain (380 dossiers). But when we adopted in 2005, there were more than 800 adoptions from the U.S.

And, the US Embassy has just sent notice to clarify the new bill in the Ukraine Parliament that awaits the President's signature. The 45 year age maximum between the orphaned child and the parents applies to both parents. This means if the oldest parent is 55, the youngest child they can adopt is 10. SIGH.

More limits, more people will bail out, more orphans without a future.

Single parents unwelcome in Ukraine

Ukraine's Parliament passed a bill that awaits the president's signature that makes these unfortunate changes to their adoption laws:

-The maximum age difference between adoptive parents and adopted children cannot exceed 45 years;
- Unmarried foreign citizens cannot adopt Ukrainian children.

This is very disappointing news for the many single people who went through all the rigorous requirements, including medical appointments, homestudies, fingerprinting, etc. They have been waiting a long time for their appointments in Ukraine, just like the married couples.

Basically the Ukraine government is saying that it's better to keep children in orphanages until they max out at 16 and are put on the streets, than to allow single parents to give them a wonderful life of opportunities in the U.S. and other countries. It's a sad day for these parents but it's even worse for the children, especially the older orphans who will miss out on perhaps their only chance to have a healthy and happy life with a loving family.

As for the maximum age limit, it is unclear if this applies only to the younger parent or to both parents. Facilitators in Ukraine have different opinions on how to interpret this. Nonetheless, one more thing to push people away from adopting in Ukraine. Word is that 100,000 children live in Ukraine orphanages.

It's a sad turn of events, indeed.

Ukraine will accept new dossiers!

Received this today from the U.S. Embassy in Ukraine. It is wonderful news for so many families waiting to submit their dossiers for adoption. We hope the restrictions on facilitators for when and how many dossiers per month they can submit for families won't have ill effects.

Dear Members of the American Adoption Community Interested in Ukraine:

This information is based on the official notice received by the U.S. Embassy in Ukraine from the central adoption authority of Ukraine - State Department for Adoptions and Protection of the Rights of the Child (SDAPRC), informing us of the resumption of acceptance of new adoption dossiers from all non-Ukrainian prospective adoptive parents starting December 19, 2006.

The new adoption dossiers can be submitted to the SDAPRC by the local adoption service providers having Powers of Attorney from American prospective adoptive parents. These dossiers will be checked for completeness within a period of five to ten working days. If any mistakes are found the dossiers will be returned to the person holding the family’s Power of Attorney. If the dossier conforms to all requirements, the person holding the family’s Power of Attorney will receive a confirmation of registration along with an appointment letter from the SDAPRC. The dossiers can be submitted by the local adoption service providers with Power-of-Attorneys every Tuesday and Thursday from 3 pm to 5 pm, by appointment only. To make an appointment for submission of adoption dossiers local adoption facilitators should call the SDAPRC at: 38-044-278-4045 on any working day, from 3 pm to 6 pm. Each adoption service provider can submit up to two dossiers every month. At the moment, the appointments can be made only for the period from December, 2006 to February, 2007. Please note that the U.S. Embassy cannot submit or in any way assist American adoptive parents in submission of their adoption dossiers to the SDAPRC.

The SDAPRC takes this opportunity to remind prospective adoptive parents about the paperwork requirements for the adoption dossiers. The following documents must be part of the adoption application (dossier) submitted to the SDAPRC (this list with more details is available on our website at: http://kyiv.U.S.embassy.gov/amcit_adoptions_eng.html ):

1. Application for the SDAPRC with the request to be registered as prospective adopting parents

2. Proof of income: a statement from adopting parents’ employer indicating salary or a copy of W-2 forms or tax returns. To avoid confusion, please do NOT copy blank pages of tax returns.

3. Copy of the marriage certificate (if applicable).

4. Medical form.

5. Notarized consent for adoption from a second adopting parent, if only one of the parents will be adopting the child.

6. "No criminal record" statement supplied by a competent authority for each adopting parent, attesting that he or she has no criminal record at the state level. Statements from the city or county level are not accepted by the Ukrainian authorities. If the criminal background check statement is issued by the local sheriff/police office (not state authorities), it should clearly indicate that each prospective adopting parent has no criminal record in the state of his or her residence.

7. Home Study, issued by a competent authority in the adopting parents' country, attesting to their eligibility, specifying their housing and living conditions, containing their curriculum vitae, presence of biological children and other information. If a home study is issued by a non-governmental entity (a private agency or social worker), a copy of the license authorizing this entity to conduct pre-adoption reviews must be attached.

8. Entrance and permanent residence permit for the adopted child, issued by the competent authority in the adopting parents' country. For American citizens, the Form I-171H, Notice of Approval of Advance Processing issued by the U.S. Citizenship and Immigration Services (CIS) serves as this document.

9. Copies of the passports or other identification papers of prospective adopting parents.

10. Commitment to register their adopted child with the Ukrainian Embassy or Consulate in their new home country within one month of the completion of adoption. Adopting parents also agree to supply information about the adopted child's living conditions and educational progress to the Ukrainian consular office at least annually during the first 3 years following the adoption. Under Ukrainian law, an adopted child remains a Ukrainian citizen until age 18, at which time the child can decide to remain a Ukrainian citizen.

In addition to these documents, the SDAPRC recommends to submit the documents to confirm that the prospective adoptive parents own a residence, or have a rental agreement. Ukrainian local courts usually request such documents in adoption cases.

All U.S. documents submitted to the Ukrainian government/court must bear the seal of the issuing office and an apostille affixed by the state's Secretary of State (an apostille is a special seal applied to a document to certify that a document is a true copy of an original). The SDAPRC requires that all the documents submitted in the adoption dossier remain valid for at least another six months from the date they are submitted to the SDAPRC (according to Ukrainian law, all official documents remain valid for 12 months; the only exception is made for I-171H or

I-797C Approval Notices, considered valid for 18 months from the I-600A approval date).

The SDAPRC will de-register all adoption dossiers, even if one document has expired without a prior notice.

To speed up the process of acceptance and checking of the adoption dossiers, the SDAPRC has requested the adoption service providers who will submit the adoption dossiers from American prospective adoptive parents to follow the following recommendations:

1) Each dossier must be submitted in a separate folder. On the outer side of the folder please indicate the country of residence, full names of prospective adoptive parents. Please indicate the list of documents being submitted on the inner side of the folder.

2) Each document should have its name, written in pencil on the top right corner (for example, medical certificate of the father, license, etc).

3) A copy of the Power of Attorney and passport of the local person named on the Power of Attorney should be added to the dossier.

4) The application of the prospective adoptive parents with the request to be registered as prospective adopting parents should contain its full address, email address and phone number.

The dossiers from U.S. adoptive parents should be submitted in the red folders.

This information is based on official information received from the SDAPRC. If you have any questions specific to your case, we recommend you to contact your local adoption facilitator or U.S. adoption service provider.

Please do not hesitate to contact us if you have any additional questions.

Sincerely,

Adoption Unit/Immigrant Visa Section

Consular Section

American Embassy

Kyiv, Ukraine

Tel: 38-044-4904422

Fax: 38-044-490-4570

My friend Susan

My friend Susan has been waiting a really long time for her daughter in China. A few months ago, she and her husband received a referral for a little girl. Then they had to wait for a travel date. More waiting.

Finally, today they are in China with a group of Americans who are adopting little girls. They are touring the big cities, visiting the landmarks, conducting nervous chatter with their newfound friends.

But on Monday, these parents will be anxiously waiting in a room --- and nannies will walk in, each holding a little girl. This is how they do it in China. The American families will try to spot their new daughters, since they memorized their faces from small photos they received from their adoption agencies. One by one, their names will be called off and the little girls will be handed to their new parents.

Little Rachel doesn't know it yet, but Monday will be the beginning of a wonderful new life.

Want to follow along? Here's Susan's blog: The Rachel Chronicles.

New homes, new lives

Families are meeting their new children in orphanages across Ukraine again. Some are seeing their adorable little daughters and sons for the first time right now, everyone in tears because the parents are so happy and the children are so scared. Who are these people? Other families are just arriving home in America and Canada, Spain and Italy. Their new Ukrainian children are well-dressed, well-fed and certainly well-loved already.

Check out some of the blogs on this site on the right. You will see sweet faces and read new stories about families adopting in Ukraine, and some in China and Russia, too. Their stories will make you laugh, and make you cry. You will feel their frustration with the "system" and their elation when they walk away from the orphanages for the last time, with their children. Enjoy.

Hang on

We're well into September and there are many families waiting to get word about their October appointments at the new adoption center in Ukraine. Could be any day now. Most of them had to update just about all of their documents that expired because the country put the process on hold. How frustrating! But frustration and patience are the key words here. I remember being so driven to get everything done, even when we had to update our documents and wait six months longer than we anticipated to travel. I just don't know how we did it. I look at Tara, I see her sweet smile, I hear her little voice singing in her bed at night in the dark, I smell her little-girl-sweaty hair after a day at the park, I see her small, pink flip flops parked near the front door.

Oh my gosh, you just have to keep the faith!

They are waiting for China, too

My friend Susan in Chicago is waiting and waiting and waiting for her referral for a child from China. She should be notified very soon, and she will get to see a picture of her precious new daughter.

We know what waiting is all about. This international adoption process is not for the weak or frail! We are sending good thoughts her way.

You can check out Susan's blog at:

http://www.therachelchronicles.blogspot.com/

Small faces

A note to families waiting to adopt in Ukraine: If you need one more reason to keep going, despite crazy delays and paperwork madness, check out this site with photos of children in Ukraine orphanages, taken earlier this year by Operation Ukraine:

PS: These children don't care about dossiers and passports, they just want to go home.

http://www.operationukrainegallery.org/Album25/

Appointments

Some families have received appointment letters from the new adoption center in Ukraine. Yay! Their appointments are in the first week of September. The ball is rolling, at last.

Anticipation

So the new adoption center in Ukraine has been functioning for one month now, and so far, no one has an appoinment. The center promised to fit all of the registered families in by the end of December. August has been the new magic month. Families were told last month to send a letter confirming their intent to adopt, notarized and apostilled by their state governments and shippped overseas. Whew. Then the center required families to list all of their updated documents, notarized and apostilled. One more hoop. But the families that are anxiously waiting don't mind so much; they are happy to see any movement at all.

So is August the magic month? Will the center use the Fed Ex envelopes that U.S. families sent in with applications, or regular snail mail and make prospective parents wait for weeks to hear about an appointment in, say, September? Ah, the excitement of international adoption. It's not for the faint of heart. Or the thin skinned. The message boards have noticeably quieted down. This probably means people are scrambling for one or two or five more documents that they need. Their bodies are going through the motions (again) but their minds are on one thing: their new but yet unknown sons and daughters who are still waiting for them, thousands of miles away.

News from the US Embassy

The adoption community received this email today from the US Embassy. Apparently they will accept new dossiers from US families, but not until January. It seems the moratorium has been lifted. Yay to that news, boo to the delay. The latest word is that some families are proclaiming that they have given up on Ukraine and may try other countries. So sad for them all. And for the children.

Dear Members of the American Adoption Community Interested in Ukraine:

On July 3, 2006 the Minister for Family, Youth and Sports, Yuriy Pavlenko, held a press conference to announce the official opening of the new adoption authority, to be known as the State Department for Adoption and Protection of Rights of the Child (SDAPRC), and to outline his ministry’s policies related to the protection of children’s rights.

Minister Pavlenko reported that the previous central adoption authority (the National Adoption Center under the Ministry of Education) had been dissolved, and stressed that the SDAPRC is completely separate from the previous system. He underscored that Ukraine has no intent to impose any restrictions or moratorium on intercountry adoptions; nonetheless, he made clear that promoting domestic adoptions will be the first priority and the main focus of the new adoption authority.

On the basis of Minister Pavlenko’s statements, the Embassy has assembled the following information for Americans who wish to adopt in Ukraine. Americans with more detailed questions should contact us directly at: adoptionskiev@state.gov

Q: When will the new adoption authority start accepting new adoption dossiers?

A: Pavlenko made clear that the SDAPRC will accept NO new adoption dossiers from non-Ukrainian adoptive parents before January 1, 2007. This applies to ALL intercountry adoptions, including applications for biological siblings of previously adopted children. According to Pavlenko, this is not a moratorium but a temporary suspension to allow complete reform of Ukraine’s child welfare and adoptions system.

If a prospective adopted child is about to “age-out” (i.e., the child will turn 16 years old in 2006), please contact our office at: adoptionskiev@state.gov

Q: What happens to the families whose dossiers were registered with the NAC? Will the registration numbers remain the same?

A: According to Pavlenko, the SDAPRC inherited from the National Adoption Center 1,200 registered adoption dossiers from foreign citizens. Of these, 390 are from American families wishing to adopt in Ukraine. These 390 registered families will keep the registration numbers assigned by the previous National Adoption Center; cases will be considered in the order of their registration numbers.

Q: We have one of these NAC registration numbers. What should we do now?

A: All registered families are asked to submit new applications to affirm their intention to adopt in Ukraine. This application should be done in the same way as the one previously submitted to the NAC with their original dossiers, but should now be addressed to the new adoption authority and sent via regular or courier mail service directly to the following address:

Ms. Ludmyla Volynets

Director

State Department for Adoption and Protection of Rights of the Child

Ministry of Family, Youth and Sports

14 Desiatinna Street

Kiev 01025

Ukraine

Only original, notarized and apostilled applications, accompanied by a Ukrainian translation, will be accepted. An English-language sample application will be posted on the Embassy web site soon.

Q: We have a NAC registration number, but some of our documents have expired, or will expire soon. Do we need to update them? Should we bring the updated documents for the appointment or submit them prior to our trip to Ukraine?

A: If any of the adoption documents in a previously registered dossier have expired or will soon expire, the adopting parents should send the updated documents directly to the SDAPRC as soon as possible. These documents should be sent via regular or courier mail service to the address specified above.

Q: When will the families who registered with the old adoption authority have their appointments?

A: During July and August of 2006 the new adoption authority will complete the scheduling of adoption appointments for registered families that have confirmed their intention to adopt from Ukraine. The appointments for registered families will begin after September 1, 2006.

Q: How can families communicate with the new authority? Will my facilitator be allowed to communicate with it on my behalf?

A: The SDAPRC is now fully staffed, with its own English interpreters (as well as Spanish, French, German and Italian) available on staff. Since the current Ukrainian law does not allow adoption intermediaries, no private interpreters/facilitators will be allowed to interpret during meetings of prospective adopting parents with the SDAPRC. You can still use the private interpreters/facilitators for other stages of the adoption process.

Minister Pavlenko stressed that all employees of the SDAPRC are civil servants and are subject to administrative and criminal penalties for any malfeasance.

Q: Is there any new information about the availability of children for intercountry adoption?

A: According to the Ministry, only 16% of all adoptable Ukrainian children are under five years old and relatively healthy. At the same time, 50% of all the U.S. prospective adopting families have indicated specific interest in this category of children.

Q: What changes will be introduced to the actual adoption process, particularly regarding paperwork requirements?

A: Generally, it appears that much of the actual procedures and paperwork (medical forms, etc.) for intercountry adoption in Ukraine will remain much the same. The Embassy is working to obtain complete information from the SDAPRC, and will announce specific changes as soon as the Ukrainian authorities make this information available.

Please do not hesitate to contact us if you have any additional questions.

Sincerely,

Adoption Unit/Immigrant Visa Section

Consular Section

American Embassy

Kyiv, Ukraine

Tel: 38-044-4904422

Fax: 38-044-490-4570

adoptionskiev@state.gov

http://kiev.usembassy.gov/amcit_adoptions_eng.html

In accordance with E.O. 12958 this message is not classified.

New hope

The minister for family, youth and sport affairs Yuri Pavlenko held a press conference in Ukraine today, and told journalists about plans to begin the adoption system again. According to various reports, they will begin the process fairly soon, with the first families arriving in September, and they will get through all of the registered families by the end of this year.

All registered families will be required to fill out a form that confirms their intent to adopt. Some of the files date back a few years and it is believed that some families gave up waiting. The ministry said 1,200 familes are registerd from throughout the world, with 385 from the U.S.

They are also forming 93 family group care homes and 486 foster homes for orphans. It is a good start, though clearly not enough to help the tens of thousands of children in Ukraine orphanages right now.

So the new adoption center is operating, the families are feeling a glimmer of hope, the facilitators are scrambling to get information for their clients. There's the ongoing stress of updating paperwork, worrying about when to travel, scrambling to prepare our employers and families for our absence.

And then, there are the children. Let's not forget their fate. They know what waiting is all about. To us, it's an inconvenience. To them, it's their world.

Center to open in July

This is a note from the US Embassy in Ukraine, sent to the adoption community:

Dear Members of the American Adoption Community Interested in Ukraine:

The Embassy has received a diplomatic note dated June 6, 2006 from the Consular Department of the Ministry of Foreign Affairs of Ukraine noting the new adoption authority, the State Department for Adoption and Protection of Rights of the Child will open in July 2006. The Embassy will continue to track the transition and other adoption-related issues closely, and will provide updates as appropriate by e-mail and on our webpage: http://kiev.usembassy.gov/. Any American adopting parents who would like to be added to our e-mail list are welcome to contact us at adoptionskiev@state.gov.

Still waiting

Everyone in the Ukraine adoption community is waiting, waiting and watching for the new adoption center to open. There have been no adoptions for the past few months, no new dossiers accepted. Families are redoing their paperwork for the second and third times. It's so frustrating, I'm sure!

The word is, the center will be finally up and running June 20, or shortly thereafter. Facilitators have been helping the new leaders organize all of the files that were moved to another building. The hope is that the new adoption leaders will open the door again for new applications from Americans for children under 10 years old. Families that were registered before the shut down are waiting and waiting for a date to travel to Ukraine. I totally know what it's like, day after day, wondering if you'll hear some news. We waited 8 months to travel.

It would be so easy to just give up now. Who feels like being fingerprinted again? Or getting another physical? (those dreaded medical forms!!) Or having a social worker come to your house yet another time and ask questions about your life? How fun is it to ask your boss AGAIN to sign an employment letter?

Families: Hang in there. Please. For the sake of the children. You have gone this far. I promise you it's all worth it.

The days ahead

There are so many families waiting to go to Ukraine, waiting for the new adoption center to re-open in May and set up appointments for those who are already approved! The word in some chat rooms is that once the process begins again, things will move quickly. Some families are already packing, with high hopes that they'll get to go in May or June. Let's hope so! They don't care if they get very short notice. They will be on the next plane, if they have to.

Many are getting their documents updated now. You don't want to get this far and be turned away due to expired documents. I have to admit that a small (very small) part of me misses that pre-travel excitement. (Sally and John: I said very small!)

Cross your fingers, pray, think good thoughts, send strong vibes. Do whatever you can to help unite these patient families with those precious children stuck in orphanages day after day, night after night.

Closed in April

The NAC has officially shut down and the new center will open in May, hopefully a better system for families and children. Let's hope that the new center will accept new dossiers from American families.

Moving forward at last

This letter was sent by the US Embassy in Kiev to the US adoption community today, Feb. 1, 2006.

Disclaimer: THIS INFORMATION IS BASED ON THE LATEST GUIDANCE THE EMBASSY HAS RECEIVED FROM THE GOVERNMENT OF UKRAINE. IT IS PROVIDED FOR GENERAL INFORMATION ONLY. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC UKRAINIAN ADOPTION LAWS OR SPECIFIC CASES SHOULD BE ADDRESSED TO FOREIGN LEGAL COUNSEL OR YOUR ADOPTION SERVICE PROVIDER.

Dear Members of the American Adoption Community Interested in Ukraine:
On January 31, 2006 President Yushchenko signed the law giving interim authority over adoptions to the Ministry of Education's National Adoption Center (NAC) until the new adoption authority is legally established under the Ministry of Family, Youth, and Sports. This law will go into effect upon its publication in Parliament's official newspaper "Holos Ukrainy," which should occur in a matter of days. According to this law, the NAC will have full authority to process adoptions in Ukraine until May 1, 2006 -- the final date by which the new adoption central authority must be established under the Ministry of Family, Youth, and Sports. The NAC has stated that they will now resume normal processing -- not only of the suspended cases, but also of the cases that had been previously scheduled through the end of January.

The NAC has not yet released a notice to the international adoption community explaining details regarding processing of adoptions during the transition period. Absent NAC written guidance, we cannot confirm processing plans or details. The information below, keyed to frequently asked questions on the part of adoptive parents, reflects our understanding of likely procedures, based on preliminary discussions with the NAC administration. For case-specific information or clarification, contact the NAC or your adoption service provider directly.

Q: We are currently in Ukraine, waiting for the NAC to issue the consent letter required by the court (or waiting for the referral letter/second appointment/etc). When can we expect to have our document issued/case processed?
A: The NAC requests that all American adopting families currently in Ukraine contact the Center directly or through their representatives to obtain case-specific information, such as new appointment date or the official consents required by Ukrainian courts. The NAC has stated that the consents for the courts will be issued immediately on the day the law becomes effective.

Q: Due to the suspension, we missed our scheduled appointment with the NAC in January. When can we travel to Ukraine for a new appointment?
A: According to the NAC, adopting families who had been scheduled for appointments in January will now be rescheduled in February on the same (or closest working day) to their original date (for example, January 24 would be shifted to February 24). Contact the NAC directly or through your local representative to confirm your appointment date prior to traveling to Ukraine.

Q: We are registered at the NAC and were supposed to receive an appointment this year. When can we expect our appointment?
A: The NAC has advised that after the center reschedules all January appointments, the NAC will focus on priority cases such as those involving children with severe medical problems, older children and sibling groups. The NAC will contact families directly.

Q: Will the NAC accept all new adoption dossiers after it re-opens?
A: The NAC has advised that previous restrictions on acceptance of new dossiers will remain in effect. (See our earlier notices regarding the Government of Ukraine's concern about the non-compliance rate by American adoptive parents with regard to post-adoption reporting, which is required under Ukrainian law.) The NAC will only accept dossiers filed by U.S. citizens on behalf of certain categories of orphans: siblings of previously adopted children; older children; and children with serious health problems.

Q: We have our adoption dossier ready for submission. Should we send it to the NAC or wait till the new adoption authority is open?
A: If your case falls under one of the special categories listed above, you may submit your dossier to the existing NAC. However, officials of the Ministry of Family, Youth and Sports have recommended that prospective adopting parents wait to submit new applications until the new adoption authority is open and operational after May 1, 2006.

Q: How does the new law affect those families whose dossiers were accepted and registered by the NAC months ago, but whose adoptions were neither suspended in mid-December nor already scheduled through the end of January?
A: The NAC advised that there are over 1,000 registered adoption dossiers from foreign citizens, including over 600 from Americans, waiting to be scheduled. According to the NAC, these families will be scheduled for appointments per regular NAC procedures. Any dossier that is not scheduled for an appointment with the existing NAC during the transition period will be transferred to the new adoption authority.

Please do not hesitate to contact us if you have any additional questions.

Sincerely,

Adoption Unit/Immigrant Visa Section
Consular Section
American Embassy
Kyiv, Ukraine
Tel: 38-044-4904422
Fax: 38-044-490-4570
adoptionskiev@state.gov
http://kiev.usembassy.gov/amcit_adoptions_eng.html

In accordance with E.O. 12958 this message is not classified.

Good news

Dear Members of the American Adoption Community Interested in Ukraine:
On January 12, the Rada (Ukraine's parliament) passed law 8680 giving interim authority over adoptions to the Ministry of Education's National Adoption Center (NAC) until the new adoption authority is legally established under the Ministry of Family, Youth, and Sports.

The law will come into effect as soon as it is signed by the President, who has up to 15 days to review it.

The NAC has informed us that as soon as the law is signed by the President, the center will be reopened. The NAC will then issue a notice to the adoption community regarding how families whose adoptions were suspended or whose appointments were scheduled through January may proceed. As soon as the NAC's notice is issued, we will translate it and post it on our web page, as well as send it to addressees on this e-mail list.

We strongly urge American prospective adoptive families who had previously-scheduled January appointments NOT to travel to Ukraine until such time as the NAC has issued a notice publicly confirming that those appointments will be honored.

Please continue to monitor the Embassy's web page for the current status of adoption processing in Ukraine: http://kiev.usembassy.gov/.
The Embassy will continue to track this and other adoption-related issues closely, and provide updates as appropriate. Any American adopting parents who would like to be added to our e-mail list are welcome to contact us at adoptionskiev@state.gov .

Please do not hesitate to contact us if you have any additional questions.
Sincerely,
Adoption Unit/Immigrant Visa Section
Consular Section
American Embassy
Kyiv, Ukraine
Tel: 38-044-4904422
Fax: 38-044-490-4570
adoptionskiev@state.gov

Jan. 11, 2006 news about the NAC

Thankfully there is a draft of a law that would allow the National Adoption Center to retain authority over adoptions until May 1, when the new adoption unit will take over. This is good news. Let's hope the Ukrainian parliament approves this asap! Here's the letter the US Embassy sent out today:

Dear Members of the American Adoption Community Interested in Ukraine:
As we reported earlier, a new law came into effect December 22, 2005, transferring authority over intercountry adoptions in Ukraine to the Ministry of Family, Youth and Sports, which will establish a new central authority called the State Department for Adoption and Protection of Children.

Unfortunately, since the former central authority (the National Adoption Center under the Ministry of Education) no longer had jurisdiction over adoptions as of December 22, and the new adoption authority under the Ministry of Family, Youth and Sports had not yet been established, a jurisdiction and processing gap was created, with no Ukrainian ministries' having the authority to handle adoptions.
The Embassy has raised the U.S. Government's concern about the sudden stoppage of adoption processing and has asked the Government of Ukraine to take steps so that families can conclude their adoptions in the best interests of the children and families affected.

According to the information we have learned, a legislative solution is required under Ukrainian law to resolve this issue. The Ukrainian parliament (Rada) is scheduled to review a draft law on this subject that would allow the NAC to retain interim authority over adoptions until May 1, 2006, at which time the new authority is expected to be in place. The Ukrainian version of the draft law is available on the official Rada website: http://www.rada.gov.ua:8080/pls/zweb/webproc4_1?id=&pf3511=26612.

Please continue to monitor the Embassy's web page for the current status of adoption processing in Ukraine: http://kiev.usembassy.gov/.
The Embassy will continue to track this and other adoption-related issues closely, and provide updates as appropriate. Any American adopting parents who are currently in Ukraine and affected by this abrupt closure are requested to e-mail us adoptionskiev@state.gov and provide your points of contact, if you have not already done so.
American prospective adoptive families who have January appointments to travel to Ukraine should not do so until such time as the Embassy has confirmed to the extent possible whether you will be able to complete the adoption process and return to the U.S. with your children in a timely manner.

Please do not hesitate to contact us if you have any additional questions.
Sincerely,
Adoption Unit/Immigrant Visa Section
Consular Section
American Embassy
Kyiv, Ukraine
Tel: 38-044-4904422
Fax: 38-044-490-4570
adoptionskiev@state.gov

Families in limbo

Another update from the US Embassy in Ukraine, Dec. 30, 2005

Dear Members of the American Adoption Community Interested in Ukraine:

This is a follow-up to our December 28 notice regarding the sudden stoppage of adoption processing in Ukraine. As we reported earlier, on December 22, 2005 the National Adoption Center lost its legal authority to process adoptions as a result of the new law transferring authority over adoptions from the Ministry of Education to the Ministry of Family, Youth and Sports.

Despite numerous representations by the U.S. Government at many levels to the Government of Ukraine, an interim resolution to address families caught in various stages of the adoption process in Ukraine has not yet been approved. According to recent communication from senior Ukrainian government officials, an interim resolution requires a change in legislation whose processing may take up to one month.

The NAC advised that they will provide an official letter explaining the current situation to all adopting parents . The NAC further advised that it will then contact all prospective parents who are registered with the NAC within ten days after the legislative changes are approved.

American prospective adoptive families who have January appointments should not travel to Ukraine until the Government of Ukraine officially confirms that you can complete the adoption process and return to the U.S. with your children in a timely manner.

The Embassy will continue to track this and other adoption-related issues closely, and provide updates as appropriate on our website: http://kiev.usembassy.gov/amcit_adoptions_eng.html

Please do not hesitate to contact us if you have any additional questions.

Sincerely,

Adoption Unit/Immigrant Visa Section
Consular Section
American Embassy
Kyiv, Ukraine
Tel: 38-044-4904422
Fax: 38-044-490-4570
adoptionskiev@state.gov
http://kiev.usembassy.gov/amcit_adoptions_eng.html

In accordance with E.O. 12958 this message is not classified.

The new ministry--but when??

This letter was sent today from the US Embassy in Kiev to the American adoption community. From what I can tell, the process has stopped abruptly while they change from the National Adoption Center (NAC--which no longer has any authority) to this new central government authority, which isn't quite ready to operate. Let's hope the new organization is up and running very, very soon and honors everything that has already been processed by the NAC, including appointments and families in Ukraine who are in limbo. I'm fairly certain that I hear a collective sigh from here to the land across the ocean...

Dear Members of the American Adoption Community Interested in Ukraine:

On December 20, 2005, President Yushchenko signed the law transferring authority over adoptions from the Ministry of Education to the Ministry of Family, Youth and Sports. This law came into effect on December 22, 2005, upon its publication in Parliament's official newspaper "Holos Ukrainy".

According to the new law, the Family Code of Ukraine will be amended to give authority over domestic and international adoptions to the Ministry for Family, Youth and Sports. The new central authority will be called the State Department for Adoption and Protection of Children, under the Ministry of Family, Youth and Sports.

According to information from the National Adoption Center (NAC), although the NAC under the Ministry of Education has not yet been dissolved, the Ukrainian Supreme Court has determined that the NAC no longer has legal authority to process adoptions. This decision effectively creates a processing gap, with no Ukrainian ministries' having the authority to handle adoptions at this time.

The Embassy has raised the U.S. Government's concern about the sudden stoppage of adoption processing and has asked the Government of Ukraine to take steps so that families already in Ukraine can conclude their adoptions and return home. Although officials at the Ministry of Family, Youth and Sports have indicated that they wish to find an interim solution for the families caught in the balance, any such resolution will likely not be approved until mid-January of 2006, after the Ukrainian holidays. (All Ukrainian governmental organizations will be closed from January 1 to January 10, 2006, for the New Year and Orthodox Christmas holidays.)

The Embassy also has asked for clarification on the status of the referral appointments that the NAC had scheduled for January 2006. As soon as the Ukrainian authorities respond, the Embassy will issue a follow-up notice with that updated information. Please monitor the Embassy's web page for the current status of adoption processing in Ukraine: http://kiev.usembassy.gov/

The Embassy will continue to track this and other adoption-related issues closely, and provide updates as appropriate. American adopting parents who are currently in Ukraine and are affected by this abrupt closure are requested to e-mail us (adoptionskiev@state.gov ) and provide your points of contact

American prospective adoptive families who have January appointments to travel to Ukraine should not do so until such time as the Embassy has confirmed to the extent possible whether you will be able to complete the adoption process and return to the U.S. with your children in a timely manner.

Please do not hesitate to contact us if you have any additional questions.
Sincerely,
Adoption Unit/Immigrant Visa Section
Consular Section
American Embassy
Kyiv, Ukraine
Tel: 38-044-4904422
Fax: 38-044-490-4570
adoptionskiev@state.gov

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A little bit of hope lies ahead

A new letter from the US Embassy in Ukraine, dated Nov. 26, 2005:

Dear Members of the American Adoption Community Interested in Ukraine:

On November 23, 2005 the National Adoption Center of Ukraine (NAC) officially informed the Embassy that the Center had resumed acceptance of new adoption dossiers under limited circumstances. The NAC advises that it will now accept dossiers from U.S. citizens who are applying to adopt the following categories of Ukrainian children only:

- Older children (10 years old and older);
- Siblings of previously adopted children;
- Handicapped children.

The NAC advised that, due to the large number of American post-adoption reports still outstanding (558 for the period 1996-2003), the suspension of acceptance of new dossiers other than those noted above would remain in effect. The Embassy follows this issue very closely and will continue to post updates on our website as well as advise the American adoption community by e-mails such as this one.

Please do not hesitate to contact us if you have any additional questions.

Please do not hesitate to contact us if you have any additional questions.
Sincerely,
Adoption Unit/Immigrant Visa Section
Consular Section
American Embassy
Kyiv, Ukraine

In accordance with E.O. 12958 this message is not classified.

A new letter to the adoption community

The U.S. Embassy in Ukraine sent this letter last week to the adoption community. We hope that families who have adopted from Ukraine will take this seriously and comply with the registration rules so that other families who are waiting with high hopes can continue their adoption process and give loving homes to the beautiful orphans in Ukraine.

Dear Members of the American Adoption Community Interested in Ukraine:

As we reported earlier and most of you know, on September 19, 2005 the National Adoption Center (NAC) of Ukraine suspended the acceptance of new adoption dossiers from U.S. citizens and citizens of several other countries. The NAC explained that this decision was based in large part on past non-compliance of some families with post-adoption reporting requirements, which are mandated by Ukrainian law.

The U.S. Government has made numerous representations at many levels to the Government of Ukraine on this subject. On November 1, 2005 Embassy representatives met again with the NAC Director. The meeting was also attended by the Deputy Minister for Family, Youth and Sports and diplomats from other Embassies in Ukraine that have been affected by this suspension. At this meeting the NAC provided updated information on the numbers of missing post-adoption reports. According to NAC statistics, to date there are 598 missing reports on Ukrainian children adopted by Americans through intercountry adoption between 1997 and 2003. In addition, the NAC has not yet received reports/registration for 495 children adopted by American citizens in 2004.

We are repeating below an appeal from the Embassy of Ukraine, which we emailed to this list earlier. The Department of State strongly encourages parents to comply with post-adoption reporting requirements (). Thank you.

Please do not hesitate to contact us if you have any additional questions.
Sincerely,
Adoption Unit/Immigrant Visa Section
Consular Section
American Embassy
Kyiv, Ukraine
Tel: 38-044-4904422
Fax: 38-044-490-4570
adoptionskiev@state.gov
www.usembassy.kiev.ua/amcit_adoptions_eng.html
In accordance with E.O. 12958 this message is not classified.

OPEN LETTER OF THE EMBASSY OF UKRAINE TO THE USA
Acceptance of new adoption dossiers from US citizens is suspended

The Embassy of Ukraine to the USA
Washington, D.C., Tuesday, October 11, 2005

WASHINGTON - Starting September 19, 2005, the Children Adoption
Center of the Ministry of Education and Science of Ukraine suspended
the acceptance of new adoption dossiers from US citizens.

According to the Children Adoption Center, the decision to stop accepting
certain dossiers was based mainly on the past non-compliance of some
families with post-adoption reports, which are required by the Ukrainian
law.

According to the Children Adoption Center, the new procedures do not affect
dossiers that have already been accepted, unless the prospective adopting
parents have failed to register and provide reports about the previously
adopted Ukrainian children.

As the United States is the country whose citizens adopt the largest number
of the Ukrainian children, the Government of Ukraine is deeply concerned
with the fate of hundreds of the adopted children we have no information
about.

Taking into consideration the above-mentioned the Embassy of Ukraine to
the USA kindly requests your cooperation in two matters.

FIRST, we need cooperation in promoting the registration of Ukrainian
children adopted by US citizens and SECOND, in providing the Consulates
of Ukraine with post-placement reports from American adoptive parents
whom you may have contact with regards to this issue.

The Embassy of Ukraine is obliged to act in accordance with the Ukrainian
law which states that the Embassy shall supervise the registration of the
adopted children and maintain the database of the post-placement reports
about them.

Registering your child allows the adopted child to be added onto the list of
Ukrainian citizens residing in the United States.

Please be advised that in accordance with the Ukrainian law, the adoptive
parents signed an agreement with the Government of Ukraine to:

[1] maintain the Ukrainian citizenship of the adopted child until the
age of eighteen,
[2] to register the child with the appropriate diplomatic mission of
Ukraine, as well as
[3] to submit to the diplomatic mission periodical reports about the
child's well-being and
[4] to allow the representatives of the diplomatic mission to contact
the child directly.

It is especially important for the Ukrainian Government to know where the
adopted Ukrainian children have been placed and how they are progressing
in the United States. Through regular reports, the Ukrainian Government is
informed of the children's development with their adoptive parents.

The Embassy of Ukraine thanks all American families that provide us with
information about the progress of their Ukrainian children. We really
appreciate it.

The Embassy of Ukraine kindly asks those who forgot or refused to provide
us with this information to do so as soon as possible. Please send the
reports along with pictures of your children so that we may follow their
development throughout the years.

Please understand that your neglect to inform the Ukrainian authorities
about your adopted children blocks the process of the Ukrainian orphan
children adoption by American families.

For your convenience, information on the consular registration of Ukrainian
adopted children is available online at
.

A sample of the post placement report is available online at
.

To facilitate communication, the reports can be forwarded via e-mail to:
adoption@ukremb.com or can be sent by mail to the Consular Office of
The Embassy of Ukraine at 3350 M Street NW, Washington, DC 20007.

If you have any contact with adoptive parents, organizations, agencies or
persons who may benefit from this information, the Embassy of Ukraine
kindly asks you to pass this information along so that everyone may
become well informed.

If you have any questions, do not hesitate to contact the Consular Office of
the Embassy of Ukraine via fax at (202) 333-7510 or by email address at
adoption@ukremb.com .

The Embassy of Ukraine appreciates any assistance in compiling this
information because this in turn will help keep the adoption process open
for the American families.

An e-mail message from the U.S. Embassy in Ukraine

Response to my email about what are you doing to help?

Laura,

Even though we have not received an official response to our inquiry, we can confirm to you that Ukrainian courts are now processing all adoptions according to the new Code. We have noticed that most courts are applying the new laws more or less uniformly:
the appeal period is ten days, a waiver of appeal period is hardly ever granted (the reason is removal of adoptions from the list of civil cases eligible for immediate execution). If you know any American adopting parents who are experiencing difficulties with local courts, please ask them to contact us.

On a suspension subject:

We are very hopeful that the NAC will resume accepting new adoption applications soon. The NAC continues to process adoption cases that are already on file, which is a good sign. We have made numerous representations at many levels to the Government of Ukraine on this subject. However, we still have no definite information regarding the possible timeframe of suspension. The Ukrainian authorities have assured the Embassy that the suspension will be over as soon as the majority of the missing post-adoption reports arrive to Ukraine.

We will post developments on our website just as soon as we learn of them. At the moment, the NAC is not accepting ANY new dossiers. We recommend families who believe they have exceptional circumstances (biological siblings, children about to age out, medical emergencies, etc) to send an appeal to the NAC to allow them to be processed on an exceptional base. We can always help to communicate such requests to the NAC, if the families wish to do so.

Please do not hesitate to contact us if you have any additional questions.

Sincerely,

Silence in Ukraine

So many families are trying to figure out what is going to happen in Ukraine. They have submitted documents, or they were just about to when the National Adoption Center temporarily suspended accepting dossiers from Americans. But trying to find any updates, any real facts, has been very difficult. People are hearing all kinds of things, but no one seems to really know what is going to happen next, and when. There are no news stories, no updates on the US Embassy Web site, nothing.

There's a family that has been in Ukraine for at least 10 weeks already, trying to get through the confused court system so they can take their new little daughter home. That beats our 7 weeks total (in two trips)!

Meanwhile, while this chaos is going on in her former homeland, our daughter, Tara, has been fitting right in with our family. She snuggles up with us on the couch to watch TV, she insists on hugs from her "daddy" and brother every night before she lets me tuck her in, and she wants to be involved in just about every conversation. Yesterday, she bugged me for hours to go visit Grandma. Who thought she was shy??

They are waiting.

orphans
Originally uploaded by lessnau.

They are waiting

orph3
Originally uploaded by lessnau.

Who will help the children?

The National Adoption Center in Ukraine declared rather suddenly last week that the center was no longer accepting new adoption dossiers from families in the United States, Spain and other countries.

According to the U.S. Embassy in Ukraine, the decision to temporarily suspend accepting these dossiers was based in large part on the past non-compliance of some families with post-adoption reports, which are required by Ukrainian law.

These reports detail the progress the children made. They are sent to the Ukraine Embassy, then the NAC and ultimately, the orphanages. We hope that parents who have adopted children from Ukraine will take heed; this may be just an excuse to stop the process for a while, but we don't need to give them excuses. Just like us, other families went through so much work to get their dossiers together, only to be stalled now.

The annual report is rather simple. You answer questions about your child's well-being, schoolwork, social life, health. For those who have adopted but haven't found time to send this to the appropriate Ukraine embassy in the U.S., please get the form here: http://www.ukraineinfo.us/consular/adoption-report.html

Fortunately, The NAC is expected to continue the adoption process for families that submitted documents before last week. But we're not sure why it hasn't shut down yet to move into a different division of the government.

Meanwhile, thousands of children are waiting for homes. And now, they'll have to wait a little bit longer.

Ukraine, teacher conference

The new president of Ukraine has pretty much dismissed his entire government. There were outcries of corruption, private interests may have been prevailing. It's hard to watch this democracy struggle to take shape. The adoption community is waiting to find out how any of this affects them, and the children waiting for homes. And they're waiting to find out when the National Adoption Center will close for a few months in order to form a new adoption process that will hopefully be more streamlined, more sane, more successful.

When I look at Tara's bright blue eyes, I see so much hope. She will be three years old in January, yet in some ways she seems so much older and wiser. The people of Ukraine have a lot of hope. If this little child of their country is any indication, they will persevere.

These are the words that Tara's teachers used to describe her at our first parent-teacher conference this week: cheerful, determined, affectionate, very friendly (I'm told that each teacher thinks they are her favorite--maybe the word here is political) smart, fast-learner, helpful to younger kids, very aware of her surroundings (hey the toilet is overflowing, stuff like that) playful, loves art, likes to sing, a little stubborn, a bit defiant at times.

Did I mention that we like her at home, too?

Good timing, high hopes

There are big changes ahead in the adoption process in Ukraine. The country announced this week that the National Adoption Center will dissolve and a new center will open under the Ministry of Family, Youth and Sports. There will be a two-month suspension on accepting new applications from families while these changes take place, though it is uncertain exactly when this will all happen. The U.S. Consulate's Office in Kiev told me in an e-mail that the U.S. has urged Ukraine to institute the planned changes as quickly as possible to allow for resumption of international adoptions.(I keep in touch with them because I remain curious about the process and have been encouraging others to adopt.)

We have heard from sources in Ukraine that this is actually good news and that the process may be streamlined and more fair across the board. We have read blogs about families spending many weeks trying to get a second appointment at the NAC when a first referral was not good (child's health not accurately reported). Then other families swoop in and out in 17 days and take their new child home with them. A reminder: we spent five weeks (!), didn't get the 30 days waived, and spent two more weeks in Ukraine. It was all worth it for our precious new daughter, but we spent much more time and essentially money than anticipated in Ukraine.

We hope this will be resolved soon -- and that those wonderful children we saw in Little Birch Tree orphanage and many others who were longing for families will be placed sooner than before, and that families won't be discouraged and give up.

Meanwhile, we are so thankful that we are done with the process and home with our awesome 2-year-old Tara Vika, who continues to blossom before our eyes. We received her official U.S.Citizenship certificate in the mail last  week. Welcome home,Tara.