Kazakhstan Adoption Process

In Kazakhstan, parents are required to select an orphan, and then apply for adoption through the court. Information about the child’s medical history will be available only at the orphanage during the selection process.

It was recently reported that as many as 61 children tested positive for HIV in the Shymkent region of southern Kazakhstan. Government officials stated the children were infected by contaminated blood transfusions and the reuse of medical equipment.

Americans who recently adopted a child from the affected region of Kazakhstan should consult their child’s physician about appropriate testing. While medical examinations were conducted during the immigrant visa process, they do not include HIV testing for children under age 15.

As of September 16, 2006, the Center for Disease Control instructed Kazakhstani panel physicians to institute mandatory HIV testing for all adopted children.

Prior to the adoption, prospective parents must live with the chosen child for a minimum of 14 days at his or her place of residence. This required time is considered the “Bonding Period.” During this period, they must reside in the town where the orphan is living, and visit the orphan on a regular basis. Prospective parents may then submit their adoption application to the civil court for final decision.

Any previously divorced applicants must present notarized copies of all divorce decrees. Singles must also prepare notarized letters identifying an appointed guardian if the parent can no longer care for the child. The designated guardians must also write a separate letter, with notarized signature, accepting this designation.

After the court hearing, Kazakhstani law provides a 15-day “Appeal Period” before the adoption becomes final. A judge can waive this period at discretion, but this is a rare occurrence. The court decision, adoption certificate, post-adoption birth certificate and child’s Kazakhstani passport cannot be obtained until the judge finalizes the adoption. Parents should expect to stay in country a minimum of 60 days to complete all requirements.

In addition, the child will need a permanent exit visa from the local Migration Police Office where he or she resides. They must be registered with the MFA in Astana prior to departure. The process is usually completed by adoption coordinators upon a power of attorney issued by the new parents.

When applying for an immigrant visa, candidates must bring the original documents, copies and their translations to the U.S. Embassy Almaty Consular Section by 12:00 p.m. at least one business day prior to the interview. After the paperwork is submitted, visa issuance generally takes 24 hours. In the 2005 Fiscal Year, 755 U.S. visas were issued for Kazakhstani orphans. In 2004, the number totaled 826.

The following paperwork is required for immigrant visa interview: the child’s Kazakhstani passport, two photos, copies of the parents’ passports of origin, applicable medical examinations, I-600, DS-230 and I-604 forms, and appropriate original and new birth certificates.

It is also necessary to determine that the child has been legally adopted in Kazakhstan by issuing the original adoption approval decree from a civil court, and presenting an adoption certificate.

Applicants must also prove the child is an orphan as defined by U.S. immigration law. They need to produce the original certificate or letter signed by a biological parent relinquishing all parental rights. If no letter exists, an original written explanation is needed from the maternity hospital or local police station describing how and when the child was abandoned and a certification the mother could not be located.

Also desired is an original letter granting permission for the adoption from the organization or person with previous custody. This document should also provide information as to whether the biological parents or relatives have attempted to contact the child. If either parent is deceased, the original or an official copy of their death certificate and a cause of death should be included.

Kazakhstan requires all prospective parents submit a Post Placement Report filed every year until the adopted child turns 18. Outlined, is how they are adjusting with their new American family. Failure to do so may impact the adoption process for future families.

Parents must also maintain the child’s Kazakhstani citizenship until he or she is 18 years old. They must also agree to allow visitation rights for U.S. Kazakhstan Consulate representatives up to two times a year until the child turns 18.

The Ministry of Education, Committee on Guardianship and Care oversees all intercountry adoptions in Kazakhstan. It is located at 83 Kenesary St., Astana, Kazakhstan 010000.

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