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INTERCOUNTRY ADOPTION

DENMARK, GREENLAND AND THE FAEROE ISLANDS

May 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: There are few children eligible for intercountry adoption from Denmark, with a long waiting list of Danish prospective adoptive parents.  While legally possible, intercountry adoption of a Danish orphan by foreigners is unlikely. 

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: No Danish orphans have received U.S. immigrant visas in the past five fiscal years.

ADOPTION AUTHORITY IN DENMARK: The Danish Ministry of Justice, Department of Private Law, is the adoption law-making branch of the Danish government and is also the Central Authority for the Hague Intercountry Adoption Convention. The Department certifies adoption agencies and monitors their work to ensure that they comply with the law.

Address:
Danish Ministry of Justice
Department of Private Law
Stormgade 2-6
1470 Copenhagen
Tel: +45-3392 3302
Fax: +45-3927 1889
Email:familiestyrelsen@famstyr.dk
Web site:http://www.familiestyrelsen.dk

Joint Councils are established at all Danish Government Offices throughout Denmark(Statsamt, an administrative office, mainly concentrating on family issues: divorce, child custody, maintenance. The prospective parents file their initial application with the local Joint Council of the Government Office in the jurisdiction where they reside. A Joint Council consists of three members – a social worker, a lawyer, and a medical officer. The Joint Council determines whether the initial application for adoption may be approved for further processing. Decisions reached by the Joint Councils may be appealed to the Danish National Board of Adoption, which is a department of the Ministry of Justice at:

Danish National Board of Adoption
Stormgade 2-6
1470 Copenhagen
Tel: +45-3392 3302
Fax: +45-3927 1889
Email:an@adoptionsnaevnet.dk
Web site:http://www.adoptionsnaevnet.dk

The Danish National Board of Adoption supervises the Joint Councils, observes national and international developments in adoption matters, collects information concerning adoption, negotiates with authorities and organizations in other countries, and supplies general information.

A complete list of Joint Councils can be found at http://www.hcch.net/index_en.php?act=authorities.details&aid=164.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Adoptive parents must be at least 25 years old, and cannot be more than 40 years older than the prospective child. Married couples must adopt as a couple. Single people can also adopt. Danish law prohibits same-sex couples from adopting in Denmark. 

RESIDENCY REQUIREMENTS:  Adoptive parents must be legally admitted residents of Denmark to adopt domestically or intercountry. Temporary visitors without an established home in Denmark cannot apply.

TIME FRAME:  From the initial contact with the Joint Council at the local Government Office until the adoptive parents can be united with the child, the time frame is a minimum of 18 months, but may be as long as 2½ years.

ADOPTION AGENCIES AND ATTORNEYS:  Domestic adoptions in Denmark are processed via the local Government Offices in the jurisdiction where the prospective parents reside.  Private adoption agencies are accredited by the Danish government to provide adoption services.  For a list of these adoption agencies, please visit: http://www.hcch.net/index_en.php?act=authorities.details&aid=163.

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 DENMARK:   Domestic adoptions of  Danish children are free of charge. The cost of an intercountry adoption (adopting a child in a third country and then taking him or her to Denmark to reside) can cost between Danish Kroner 72,000 and 110,000 ($ 12,000-18,500), depending on the country of the child’s origin. Travel expenses must be added to this amount. Once the adoption has been finalized, the adoptive parents are entitled to a Danish Government lump-sum relief benefit of Danish Kroner 40,000 ($6,500) to help reduce their overall expenses.

ADOPTION PROCEDURES: Prospective adoptive parents file an application with their local Government Office. The application is processed in three phases.

• The first phase determines whether the applicants meet the following general conditions for adoptive parents: the age difference between the applicants and the child should not in general should not be more than 40 years; couples must be married and have lived in the same household for at least 2½ years; the physical and psychological health of the applicants must meet certain criteria, the applicants’ home must be suitable to house a child; the applicants must be of proper financial standing; and the applicants cannot have a criminal record that would make them unfit to become adoptive parents. Applicants cannot proceed to phase two without approval by the Joint Council.
• The second phase is a pre-adoption counseling training program, mandatory for all applicants who have not previously adopted a child from abroad. The purpose of the training is to supply applicants with information concerning different aspects of adoption, and to provide a basis for the applicants themselves to determine whether or not they possess the necessary resources (financial as well as parenting abilities) to adopt a foreign child. The training course runs over two weekend sessions and one evening session on a workday. Participation in a pre-adoption training program costs Danish Kroner 1,500 ($250).  
• The third phase includes one or more interviews by the Government Office. At the end of the third phase, a home study report is presented to the Joint Council for final decision and approval. The prospective parents proceed by submitting their approval to one of the Danish government-authorized adoption agencies.

Adoption of a child is governed by the laws of the child’s country of origin.  The Department of State produces intercountry adoption flyers for every country in the world, and U.S. prospective adoptive parents, even if they are residing outside the United States, should consult the flyer for the country from which they plan to adopt.  The U.S. Embassy in the child’s country of origin will also be able to provide additional information.

DOCUMENTS REQUIRED FOR ADOPTION IN DENMARK:  The initial application form, which can be obtained from the local Government Office, must be accompanied by the following documents: birth certificate, marriage certificate, latest tax return showing financial status and documentation whether outstanding arrears exist, and a certificate of health. An application to participate in the pre-adoption counseling program must be filed with the Department of Private Law, Office of Training Programs. If the applicants wish to continue the process after they complete the counseling program, a third application must be filed to start phase three. When the child arrives in Denmark from his or her country of origin (after that country’s adoption procedures have been completed), the adoptive parents must apply to the Government Office for an Adoption Certificate. With the Adoption Certificate, the adoption is finalized, and pursuant to Danish law, the adopted child has the same rights as a biological child.

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/.

DANISH EMBASSY AND CONSULATES GENERAL IN THE UNITED STATES:

Royal Danish Embassy
3200 Whitehaven Street NW
Washington, DC 20008-3683
Tel: (202) 234-4300
Fax: (202) 328-1470
E-mail: wasamb@wasamb.um.dk
Web site: http://www.denmarkemb.org

Denmark has Consulates General in Chicago and New York City.

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 DENMARK: 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:

Dag Hammarskjolds Alle 24
2100 Copenhagen
Tel: +45-35 55 31 44
Fax: +45-35 38 96 16
E-mail: CopenhagenACS@state.gov
Web site: http://www.usembassy.dk

 

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

Immigrant visa petitioners may visit the Immigrant Visa Unit of the U.S. Embassy in Copenhagen without an appointment on Tuesdays and Fridays between 2 and 3 pm. Walk-in customers are served on a first-come, first-served basis; be prepared to wait up to an hour to talk to someone. When writing to the Visa Section, please include a Danish (daytime) contact telephone number and a regular (not e-mail) address, so that staff can respond appropriately.

Inquiries regarding immigrant visas can be sent via letter, fax (+45 35 38 96 16) or e-mail (copenhagenIV@state.gov) to the Immigrant Visa Unit.

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 adoption in Denmark may be addressed to the U.S. Embassy in Copenhagen. 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 international country 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/.