Legislation and Central Body
USA signs The Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption (Hague convention) on 31st March 1994 and it goes in force on 1st April 2008.
With the ratification of the Convention and acceptance of International Adoptions Act in 2000 for central body is selected the Department of State. The Department of Homeland Security and other government institutions have different tasks and competences.
Approval for adoption
According art.14 from the Convention the authorized institution for accepting applications for adoption is Department of National Security trough USCIS – United States Citizenship and Immigration Services. The procedure of international adoption can be performed only trough accredited organizations, temporarily accredited agencies or approved individuals. After USCIS is convinced that the candidate-adopters are in condition to care for the adopted child and to provide nurturing home they issue the approval of Petition I-800A – I-797C. The validity of the I-800A approval is 15 months.
Requirements towards the candidate-adopters
At the moment of submitting an application for international adoption the candidate adopters must:
- Have habitual residence in USA
- If the candidate-adopter is not married it is necessary to have turned at least 25 years
- If candidate-adopters are spouses and the one of them is not citizen of USA, he/she must reside legally in USA and to adopt the child as well.
- To have approved Form I-800A and not to be denied the issuance of the following Forms in the last year: Form І-800А, І-600А, І-800 или І-600.
Required documents for signing in the Register of MOJ
- Application to MOJ
- Copy from the passport of the applicant
- I-800A Approval under petition for defining eligibility for adoption of child from a country, side to the Convention
- Certificate for lack of depriving from parental rights and lack of data which could prevent the candidate-adopter to care for children
- Certificate for lack of presence in the register for child abuse, neglect or maltreatment of children and dossier for child abuse and domestic violence and clean court past
- International Home Study
- Medical certificate for good general condition and form for medical evaluation
- Conviction Status Certificate /FBI Fingerprints/
- Birth certificate / Marriage certificate
- Power of Attorney in favor of AMOR
- Contract with AMOR for mediation in international adoption
- Information about the exact amount of fees and expenses
- Declaration for AMOR under art.20, p.10 from Regulation № 2 from 24th October 2014
More detailed information about the required documents can be found in section Procedure – Required documents
Acknowledging of the decision of the Bulgarian court for allowing the adoption
According the acting law of USA the decision for allowing the full adoption of a child party to the Convention from citizen of USA is automatically acknowledged in all 50 states.
Character of the adoption
The adoption made in a country party to the Convention is acknowledged fully and by the force of the Bulgarian court decision the child receives IH-3 immigrant visa and becomes an American citizen upon entering the country. This citizenship is acknowledged in all 50 states. The relative connections with the biological family are terminated and with the new family are established such as with consanguinity.