An independent voice for ethical adoption
Notes from India ASP Webinar with DoS – 04/22/2009
On Wednesday April 22, 2009, the Joint Council on International Children’s Services hosted a webinar about adoption from India. According to JCICS, the webinar was part of The Office of Children’s Issues continued outreach effort to educate adoption service providers (ASPs) on how the Hague process works between the U.S. and India (including recent processing changes), to provide information about India’s various adoption laws and how they apply to prospective adoptive parents, and to acquaint ASPs with various internet-based resources. The Office of Children’s Issues, the U.S. Embassy in New Delhi, the National Visa Center, and the National Benefits Center made short presentations followed by questions from participants.
Below is a summary of the webinar. Also we’ve provided you with the following documents from the webinar for additional information:
Participants:
Bureau of Consular Affairs, Office of Children’s Issues
William Bistransky
Adoption Division co-chief
Office of Children’s Issues
Ruth Lincoln
Desk Officer
Office of Children’s Issues
Manav Jain
US Embassy, Delhi
Lynn Skeirik
National Visa Center
Donna Compagnolo
Assistant Center Director
National Benefits Center
Bill Bistransky, Office of Children’s Issues
Mr. Bistransky’s duties include working with Convention Central Authorities to make sure Convention adoptions are proceeding.
Office of Children’s Issues India Presentation
Key players:
Embassies – represented by Manav Jain
USCIS National Benefits Center – represented by Donna Compagnolo
National Visa Center – represented by Lynn Skeirik
Office of Children’s Issues – represented by Ruth Lincoln
There have been issues in processing cases because of the timing of NOC issuances and the judicial process. Recent focus has been on how to prevent this from happening in the future. The Embassy has been looking at various ways of treating these cases and they are evaluated on a case by case basis. The State Department and USCIS are committed to working through each of these cases to reach a legal resolution.
Ruth Lincoln, Office of Children’s Issues
Overview of the Convention process:
- PAPs have to apply and be found eligible to adopt by US Central Authority – I-800A filed with USCIS NBC
- After approval of I-800A, PAPs or ASP present that to the country of origin’s Central Authority. Central Authority refers a specific child
- After a child identified and accepted, the Central Authority issues Article 16 report which contains among other things, the child study report and social, medical, psychological history
- PAPs apply to determine if they are eligible to adopt and emigrate a child to US. At that point they file I-800 with NBC. NBC adjudicates the form and if it is provisionally approved, it is sent automatically to the posts and a visa application is filed
- Once the visa application is filed, it is evaluated by a consular officer to determine if there are any potential ineligibilities that are not covered by a waiver
- If everything looks okay, the consular officer issues the Article 5 letter and sends it to Central Authority of the country of origin. It is very important that PAPs do not proceed with the court process until Article 5 letter transmitted
- PAPs may then finalize the adoption or apply for a grant of custody in the country of origin
- After finalization or grant of custody, the country’s Central Authority issues an Article 23 certificate certifying that the adoption decree or custody order is Convention compliant
- At the point when the Article 23 certificate is received, PAPs may contact the consular section to schedule the visa interview. At that point the PAPs may or may or may not have a new birth certificate. They will have a passport for the child and during the visa interview, consular officer will determine if child eligible to enter the US. If the I-800 is approved, the Hague adoption or custody certificate issued and an IH-3 or IH-4 immigrant visa issued
41 cases have been provisionally approved
19 IH-3 and IH-4 visas have been issued by Embassy or Consulates in India
In cases where adoptions are dissolved or disrupted or child abandoned, must be reported to central authority in country of origin. Also must be included in congressional reports.
See State Dept adoption website, CARA, country page, New Delhi Embassy
Manav Jain, U.S. Embassy, Delhi
Hague Adoption Process: US Embassy, New Delhi
As of April 1, 2009, adoption processing has been centralized in Delhi for new cases; existing cases at a consulate will still be handled by Mumbai unless there is a great complicating factor requiring Delhi to be involved. NVC is electronically sending files as of 4/1/09. Reasons for centralizing processing:
- 1) There have been complications in how Hague cases are being processed in India
- 2) CARA is located in Delhi and the Embassy has good contacts with them
The Embassy conducts an initial review of file and determines if there are any issues.
At that point, they will contact PAP or ASP via e-mail depending on whose email is provided and request a photograph of the child (which needs to be mailed in)
There is no need for parents or ASP to come to the Embassy unless child is 14 or over, then would need to do fingerprints before an Article 5 letter is issued
After receive DS-230 and photo, the Embassy will send the Article 5 letter by courier and e-mail it to CARA and ASP or parents or RIPA
Once it receives notice that the Article 5 letter was sent to CARA, PAPs have the green light to get court order and passport
Once a child passport is obtained, contact Embassy in Delhi, and ask for visa embassy appt. The court order should be e-mailed so the date of the order can be noted
In making appointments, the Embassy will try to accommodate travel plans as much as possible
Once an appointment is set, a medical appointment can be set. For completed adoptions, the Embassy will contact CARA directly for the Article 23 letter
If child is 16 or older will need police clearance
Ask families to arrive not more than 30 min before appt time. Ask for visa for adoption, will get a ticket and ask to proceed inside. Staff will review file, medical report and court order. Directed to go and pay the fee. Give receipt to staff so can match it with the file.
After that, consular officer will call the child’s name for an interview. Once conducted, decide if visa issuable. If so, parents can wait an hour or come later on to pick up visa and visa packet
Then issue visa and Hague certificate
If visa is not issuable, the Embassy will say on the spot what the issue is and how it can be corrected. Has happened only once so far.
Once the family arrives in US, taken to “secondary” for processing at port of entry. Once in secondary, will be processed and entered into the system.
Post placement reports are required every six months and annually for two years
Information about adoption laws in India
**Once they’ve been done, can’t be undone. CARA is in the process of stating this to resolve some of the cases that have been done out of order.
Who can adopt:
Same-sex couples cannot adopt
Has to be 21 year age difference
Second adoption will only be considered when first one has been completed. Simultaneous adoptions are okay e.g., siblings
Age requirements and length of marriage requirements
Financial stability requirements
HAMA:
1956, applies to all Hindus, Buddhists, Sikhs and Jains regardless of nationality
21 year age difference
If have a son or grandson, cannot adopt a second male child. Same for females
Second adoption only possible after first completed
Parents must attend court hearing to complete an adoption under HAMA
GAWA:
1890
Until 2008 only method for non-Hindus to adopt
Guardianship is the same as custody, but child does not have inheritance rights
Under GAWA, can adopt more than one child of same gender
Parents must adopt the child within two years and they don’t have to attend the court hearing. If not, guardianship ends at age 18
Juvenile Justice Act:
Promulgated in 2000; Regulations enacted in 2008
Can be used by Hindus and Non-Hindus
Same gender children can be adopted and parents must attend court hearing
Gives full adoption rights
Embassy analysis is that only reason one would use HAMA and GAWA is because they are unable to attend court hearing
Intra-family and Tibetan adoptions basically cannot be done right now. CARA is requiring things to be done in a different order. The Embassy is working with them on how to resolve this to enable these types of adoption to happen
Contact info:
ivnd@state.gov
Outcome of Embassy’s recent meeting with CARA:
The Embassy met with CARA in early April. The Embassy asked CARA not to issue NOCs until they issue Article 5 letters because they noticed a pattern of PAPs going to court before I-800 were provisionally approved. Therefore, if PAPs have NOC at end of process, they can’t go to court. What has happened since then is that CARA said it will delegate the authority to applicable Child Welfare Committee or RIPA to issue an Article 16 letter. The Embassy just received a letter from CARA today detailing what will be in an Article 16 report so Embassy can recognize it when they see it. The Embassy is confident they should be able to resolve any conflicts.
Lynn Skeirik, National Visa Center
As of April 20, all adoption petitions are now sent from NVC to posts by electronic transmission using a program called sharepoint. Processing has now been cut from weeks to a few days.
Transfer of adoption related notifications from CIS to posts overseas now goes through NVC so using same method to transfer visa 37s, I-171Hs or other adoption related communications.
Donna Compagnolo, National Benefits Center
What Article 16 package should include:
A copy of a child’s birth certificate, or secondary info e.g., court decree identifying child
Documents certifying that the child is available for adoption
Irrevocable consent from parents or documentation that rights were terminated or child was abandoned. Should be in writing that parents were advised that no payment were made or that consent was not induced
Social history for child, ethnic, and cultural background and history of how the child became an orphan
Medical history report that is complete and thorough as possible
If child referred more than 6 months after 15th birthday, documentation that child was referred before 16th bday
Foreign language documentation accompanied with English translation
ASP should complete statement under penalty of perjury that information from Central Authority is a true and complete copy
For certain older children, statement from ASP signed under penalty of perjury verifying that the Central Authority made the placement as of date noted in that statement
ASP state provided under penalty of perjury that pre-placement training completed
For adoption in U.S., statement under penalty of perjury detailing plan for post-placement services and completion of any pre-adoption state requirements
Q and A
1. Some ASPs receive inconsistent advice re homestudies. What are the recommended protocols to clarify these differences?
Contact NBC at its general number: 877-424-8374 or nbc.hague@dhs.gov
2. I-800 provisional notices from NBC to NVC are sent by ground. Can this be made quicker?
These are sent by UPS/FedEx. If it has not arrived within 5 business days, contact their offices for delivery confirmation info.
3. If delivery is sent to to the wrong office, who should be contacted?
Contact nbcinquiry@state.gov
4. Clarify how the Article 23 letter is satisfied for India. Is NOC sufficient?
9 FAM 42.21 note 14.9:
Guardianship: For guardianship only, CARA does not issue an Article 23 letter, so the guardianship order is sufficient.
For full and final adoption, the Central Authority does issue an Article 23 letter. Right now, send court order by e-mail to Embassy. Embassy will then ask CARA for the Article 23 letter itself because they can get it done in a few days.
5. Questions about CARA’s letter concerning pre-April 1 pipeline cases. Does DOS/CIS agree with this process?
CARA uses “pipeline,” but basically these are cases already issued NOC. The Embassy will deal with them case by case. After April 1, 2009, no more NOC issuances before Article 5 letter being issued.
6. How to distinguish between I-600 or I-800 cases?
Embassy says best way to designate is for ASP to send a copy. Right now they are processing about ½ of each.
7. PAPs are asked to complete DS-230 Parts I and II at the same time and then sign in front of officer at interview.
8. US Embassy’s website in Delhi has been recently updated:
http://newdelhi.usembassy.gov/ivhagueadopt.html
CARA’s website is also out of date. Can Embassy advocate for them to update their website? Yes.
9. ASPs are caught in a bind because written agreements are required with RIPAs whereas CARA says there should be no written agreements. The issue is that agreements are required with “supervised providers.” Is the relationship with a RIPA fit the supervised provider relationship? DOS is not certain this is always necessarily the case. More clarification from the community is needed.
10. Has CARA looked into openness of courts to process under JJA? US Embassy is not aware of judges not willing to grant adoptions under the JJA. They have had cases passed under JJ Act and have issued visas.
11. What docs are needed for visa appointment in Delhi?
Medical report, child passport, court order.
12. Foster care allowed if a letter is obtained from CARA post-NOC and before court order. New Hague rules forbid foster care unless CARA issues a letter. Can CARA prepare a blanket letter?
It’s CARA’s decision and the Embassy would not protest CARA’s decision.
13. Can Embassy assist if a family has not finalized adoption within two years and is not moving forward?
Not sure, need specific fact pattern.
14. Is the VCA stamp on the CSR sufficient without anything else?
The Embassy just received CARA’s letter today, so they will need time to understand what the requirements will be.
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