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INTERCOUNTRY ADOPTION


CZECH REPUBLIC

March 2006

DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

PLEASE NOTE: The Czech Republic is a party to the Hague Convention on Intercountry Adoption and will only approve intercountry adoptions when the prospective adopting parent(s) reside in a country that has also ratified the Convention. Prospective adoptive parents who are U.S. citizens but legal residents of the Czech Republic may adopt orphans under Czech law.

U.S. citizens who reside outside the United States and are considering adopting in the Czech Republic should, prior to beginning the adoption process, confirm whether the country they reside in is a party to the Hague Convention on Intercountry Adoption. Please see the Web site for the Hague Conference on Private International Law for updates.

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

 Fiscal Year  Number of Immigrant Visas Issued
 FY 2005  2
 FY 2004  2
 FY 2003  2
 FY 2002  1
 FY 2001  0

ADOPTION AUTHORITY IN THE CZECH REPUBLIC:

Central Office for International Legal Protection of Juveniles
("Urad pro Mezinarodnepravni ochranu deti")
Benesova 22,
60200 Brno, Czech Republic
Tel: (420) 54221 5443 through 5.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Both married and single persons may adopt Czech children. There can be a maximum of 40 years between the prospective adoptive parents and the child.

RESIDENCY REQUIREMENTS: Prospective adoptive parents must be legal residents of the Czech Republic or reside in a country that is also party to the Hague Adoption Convention. In addition, Czech authorities may require prospective adoptive parents to care for the child for up to two years prior to approving an adoption.

Important Note: As was stated above, U.S. citizens residing in the United States should not try to initiate a Czech adoption until the United States has ratified the Hague Adoption Convention.

TIME FRAME: It takes about two years from original application to the end of process.

ADOPTION AGENCIES AND ATTORNEY : There are no private adoption agencies in the Czech Republic. Prospective adoptive parents may locate an adoptable child either by contacting a local social service office or by hiring an attorney familiar with the Czech social services system. The U.S. Embassy in Prague maintains a list of Czech attorneys; this list may be obtained in person from the consular section of the U.S. Embassy or via the Embassy’s web site at: http://prague.usembassy.gov/con_am_legal.html

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.

Please see Important Notice Regarding Adoption Agents and Facilitators at our Web site travel.state.gov.

ADOPTION FEES IN THE CZECH REPUBLIC: There are officially no fees for adoption. There are fees for court papers and new birth certificate in the range of tens of dollars. Prospective adoptive parents can expect to pay attorneys fees for services rendered.

CZECH ADOPTION PROCEDURES:

Once a child is located for adoption, the following requirements must be met:

  1. A written request from the Central Authority of the prospective adoptive parents must be mailed to the Central Office for International Legal Protection of Juveniles. The request is forwarded to the appropriate guardian authority (usually the Department of Youth of the local town hall).
  2. Often a period of 3-24 months of pre-adoption care of the child by the adoptive parents is required.
  3. Czech district Court have jurisdiction on decisions in adoption cases of children to be adopted on the Czech territory. The Czech Central Authority for Adoption must approve adoptions to foreign countries. Czech district courts have jurisdiction on decisions in adoption cases.

DOCUMENTS REQUIRED FOR ADOPTION IN THE CZECH REPUBLIC:

Adopting parents are also required to present the following supporting documents translated into the Czech language by a court translator and certified by the Czech Embassy in Washington, D.C.:

  • Parents' Birth Certificates;
  • Marriage Certificate, if applicable;
  • Police Certificates/Clearances for all countries where prospective adoptive parents have resided for extended periods of time;
  • Parents' Medical Certificates/Clearances;
  • Evidence of Employment and Financial Status;
  • Completed Home Study by competent authority in prospective adoptive parents’ country of residence.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD: The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.state.gov/m/a/auth/.

CZECH EMBASSY AND CONSULATES IN THE UNITED STATES:

Embassy of the Czech Republic
3900 Spring of Freedom Street, NW
Washington, DC 20008
tel. (202) 274-9103
Fax: (202) 363-6308
Web site: http://www.mzv.cz/washington

The Czech Republic also has consulates in Los Angeles and New York.

U.S. IMMIGRATION REQUIREMENTS

Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoption can be found on the Bureau of Consular Affairs Web site, travel.state.gov, under “International Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “ How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site, travel.state.gov.

U.S. EMBASSY IN THE CZECH REPUBLIC : Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel. Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate. By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency. The Consular Section is located at:

American Citizen Services Unit
U.S. Embassy
Trziste 15
118 01 Prague 1
Czech Republic
Tel. (420) (25702-2000)
Fax: (420) (25753-4028)
Web site:http://www.usembassy.cz

APPLYING FOR A VISA AT THE U.S. EMBASSY IN THE CZECH REPUBLIC :

U.S. citizens may submit immigrant visa applications to the consular section at the U.S. Embassy in Prague between 9 a.m. and noon, Monday through Friday. The immigrant visa for the child will be issued the same day as their visa appointment.

ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: ../info/info_457.html .

ADDITIONAL INFORMATION: Specific questions about intercountry adoption in the Czech Republic may be addressed to the U.S. Embassy in Prague. General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:

  • Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
  • U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

  • Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
  • Consular Information Sheets: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets (CISes) 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 CIS for that country, the State Department may issue a Public Announcement alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • USCIS web site - http://uscis.gov/.