News from the U.S. Embassy
in Ukraine
Dear Members of the American Adoption Community Interested in Ukraine:
With this public notice, we would like to provide updated information about Ukraine’s intercountry adoption program and address some rumors that are circulating in the U.S. adoption community.
We have been receiving a number of emails from prospective adoptive parents, asking whether the adoption appointments have been scheduled yet. Several adoptive parents have asked about the most recent adoption rumor, according to which no appointments will be scheduled until the problem of the missing post-placement reports (PPRs) has been resolved.
In fact, the Ukrainian State Department for Adoption and Protection of Rights of the Child (SDAPRC), which earlier this summer assumed responsibility for intercountry adoption matters within the Ukrainian government, has already completed its schedule of adoption appointments for September 2006. There are 25 American families on this list. This list is posted in the public area of the SDAPRC. It contains only the registration numbers (without any names) within the range 14000 to 15000 series. The invitation letters have already been mailed to the prospective adoptive parents. If you have registration numbers in the specified range and have not received an invitation, please contact the Adoption Unit of the U.S. Embassy in Kiev, which will confirm with the SDAPRC whether your number is indeed scheduled for September. Adoptive parents who have the registration numbers outside this range will be scheduled for the coming months. The schedule of adoption appointments for October is not yet completed.
The high rate of non-compliance with the Ukrainian PPR requirements remains the most serious argument against resumption of acceptance of new adoption dossiers from non-Ukrainian citizens. We urge all American parents of Ukrainian adopted children to submit their annual reports to the appropriate Embassy or Consulate General of Ukraine on time. Parents who are delinquent in submitting prior reports should submit those as well as current and future reports. Please realize that adoptive parents’ failure to do this endangers the future of the Ukraine-U.S. intercountry adoption program and thus prevents many Ukrainian children in need from finding loving parents.
Please do not hesitate to contact us if you have any additional questions.
Sincerely,
Consular Section 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
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?
Q: We have one of these NAC registration numbers. What should we do now?
Ms. Ludmyla Volynets
Director
State Department for Adoption and Protection of Rights of the Child
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?
Q: When will the families who registered with the old adoption authority have their appointments?
Q: How can families communicate with the new authority? Will my facilitator be allowed to communicate with it on my behalf?
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?
Q: What changes will be introduced to the actual adoption process, particularly regarding paperwork requirements?
Please do not hesitate to contact us if you have any additional questions.
Sincerely,
http://kiev.usembassy.gov/amcit_adoptions_eng.html June 6,2006 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 >Please do not hesitate to contact us if you have any additional questions. Sincerely, Consular Section American Embassy Tel: 38-044-4904422 Fax: 38-044-490-4570 adoptionskiev@state.gov http://kiev.usembassy.gov/amcit_adoptions_eng.html 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. Important Notice to the Adoption Community Interested In Ukraine - January 12, 2006. 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 adoptionskievREMOVE@REMOVEstate.gov. Please do not hesitate to contact us if you have any additional questions. Sincerely, Adoption Unit/Immigrant Visa Section Consular Section Important Notice to the Adoption Community Interested In Ukraine - January 11, 2006. Dear Members of the 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 adoptionskievREMOVE@REMOVEstate.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 December 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 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 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. Adoption Unit/Immigrant Visa Section Council on International Childrens Services (JCICS) The Government of Ukraine stated that it will not allow cases to be processed that were received after September 19, when announcements were first made regarding delays for intercountry adoptions. They again emphasized the importance of receiving post-placement reports from families before adoptions can continue. Ukraine has indicated that they will not be re-opening for post-September 19 cases until they see a significant increase in registrations and reporting. Ukraine - Adoption Suspension on New Dossiers On September 21, 2005 the Government of Ukraine informed the U.S. Embassy in Kiev that the National Adoption Center (NAC) of Ukraine was suspending the acceptance of new adoption dossiers from U.S. citizens and citizens of several other countries. According to the NAC, the decision to stop accepting certain dossiers as of September 19 was based in large part on the past non-compliance of some families with post-adoption reports, which are required by Ukrainian law. The Embassy has asked for further explanation from the Government of Ukraine regarding the premise behind this decision. The Embassy has also expressed concern about the abrupt nature of the decision and the fact that it was taken with no advance notice to, or consultation with, the countries affected. According to the NAC, 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 a previously adopted Ukrainian child. The Embassy will continue to track this issue closely and is discussing next steps with the State Department. Updates will be posted on this webpage. 9/1/05 Dear Members of the American Adoption Community Interested in Ukraine: On September 1, 2005 a new Civil-Procedure Code of Ukraine became effective. The Code describes new court procedures in civil cases, including adoptions. The U.S. Embassy has requested the Government of Ukraine to provide clarification on several articles of this Code, which might have an impact on American citizens adopting in Ukraine. We hope to receive this response soon and will certainly provide American citizens with more details. To date, the Embassy has not received any reports from American adopting parents, who have been negatively affected and/or experiencing delays during adoption process caused by introduction of this new law. We appreciate American parents' concern about this issue, and will continue to monitor it closely. To this end, we invite any American adopting parents who witness changed procedures or experience any difficulty relating to the new code to report to us by e-mail. This will better help us track this issue for the benefit of the entire American adoption community interested in Ukraine's intercountry adoption program. 7/11/05-Update regarding the article: Ukraine's Acceptance of New Applications
Adoption Unit/Immigrant Visa 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
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.
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.
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:
Ministry of Family, Youth and Sports
14 Desiatinna Street
Kiev 01025
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.
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.
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.
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.
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.
Adoption Unit/Immigrant Visa Section
Consular Section
American Embassy
Kyiv, Ukraine
Tel: 38-044-4904422
Fax: 38-044-490-4570
adoptionskiev@state.gov
Kyiv, Ukraine
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
American Embassy
Kyiv, Ukraine
Tel: 38-044-4904422
Fax: 38-044-490-4570
adoptionskievREMOVE@REMOVEstate.gov
American Embassy
Kyiv, Ukraine
Tel: 38-044-4904422
Fax: 38-044-490-4570
adoptionskievREMOVE@REMOVEstate.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
In accordance with E.O. 12958 this message is not classified.
December 28, 2005
Sincerely,
Consular Section
American Embassy
Kyiv, Ukraine
Tel: 38-044-4904422
Fax: 38-044-490-4570
adoptionskiev@state.gov
In accordance with E.O. 12958 this message is not classified.
November 1, 2005
(09/21/05)
Ukraine - Government Announces Priority on Children's Issues
On July 11, 2005, Ukrainian President Viktor Yushchenko signed a decree ordering all executive bodies of the Government of Ukraine to place the highest priority on state policy for improvement of the child protection system, with special focus on orphaned children and those deprived of parental care. According to the decree, by September 1, 2005, Ukraine?s Cabinet of Ministers should submit draft legislation with proposals for review by the Ukrainian Parliament, including a proposal for the transfer of adoption authority from the Ukrainian Ministry of Education to the Ministry of Family, Youth and Sports and the creation of a new central authority for adoptions and children?s issues.
The current National Adoption Center is continuing to accept new dossiers from American and other families at this time. Pending submission and approval of specific proposals and draft legislation, it remains unclear what impact the transition process will have on pending adoptions. The U.S. Government has urged the Government of Ukraine to allow pending adoptions to be completed during this transition period, and to implement planned changes as quickly as possible to minimize disruption to intercountry adoptions. The Department of State will continue to engage the Government of Ukraine on this issue and provide updates as new information becomes available.
Information obtained from this US Embassy Website:
http://travel.state.gov/family/adoption/notices/notices_2544.html
6/13/05 Original article: Ukraine halts foreign adoption petitions
6/13/2005, 2:16 p.m. ET By MARA D. BELLABY The Associated Press KIEV, Ukraine (AP) ? Ukraine will temporarily stop accepting applications by foreigners to adopt children, the government said Monday, calling the move necessary while it creates a new department to better protect children's rights.
Applications that have already been submitted will continue to be processed, said Ukraine's Ministry of Youth and Sport.
The new department is expected to be operating within two months, at which time applications will be accepted again, said ministry spokesman Mykola Yabychenko.
Parliament is expected to consider the measure to create the new department and to ratify Ukraine's participation in The Hague Convention treaty on international adoptions this week.
"We will do everything possible to guarantee that not even one child will suffer," said Youth and Sport Minister Yury Pavlenko. "Our main task is to make this process clear and just."
Last year, 2,081 foreigners adopted Ukrainian children, compared with 1,536 domestic adoptions, according to government statistics.
Foreign adoptions are generally accepted among Ukrainians; however, cases of abuse draw extensive media attention. Ukrainian couples would traditionally not consider adoption except in cases in which they cannot have their own children for medical reasons.
Visiting U.S. Health and Human Services Secretary Michael Leavitt told journalists after a meeting with Pavlenko that Washington supports Ukraine's decision to join the Hague convention.
Leavitt also invited a Ukrainian delegation to visit the United States, where many Ukrainian orphans have found homes, to become acquainted with U.S. adoption standards, Pavlenko said. He accepted the invitation and said a delegation would head to the United States in December.
bravenet.com