Requirements of Bulgaria:
• The adopting parent must have turned 18 years of age, his or her legal ability ought to be “sui juris” and he or she must have not been deprived of parental rights;
• The adopting parent must be at least 15 years older than the child being adopted, unless spouses adopt and the requirement is satisfied for one of them, or unless a spouse adopts the child of his or her spouse;
• The adopting parent ought to be in a good health condition and not have been convicted for crimes;
• No one could be adopted by two persons unless the latter are spouses;
• No person older than 18 years of age could be adopted;
• Twins are to be adopted only together. Siblings are adopted together as well if they have emotional bond with each other.
Requirements of the USA:
• The adopting parent must be with habitual residence in the USA;
• The adopting parent must be a citizen of the USA;
• In case both spouses adopt and one of them is not a citizen of the USA, the latter ought to reside in the US legally and also adopt the child;
• If the adopting parent is not married, he or she must have turned at least 25 years of age. If spouses adopt, the age is irrelevant;
• No denials for approvals of І-800А, І-600А, І-800 or І-600 over the course of the last one year should exist for wither of the applicants.
Foundation “Sveti Konstantin i Elena” informs the adopters before concluding the contract about: the goals and the primary ativity of the organization; the permition for mediation and its expiry date; the exact amount of the state fees and the required funds for the mediation; the work organization and the established ethical principles and rules of behavior according to art. 4, para. 1, item 2 of the Ordinance 2/2014; the adoption procedure pursuant to the Bulgarian law; requirements to be met according to the law of the country of habitual residence of the adoptive parent; the documents needed for the adoption; the consequences of adoption under the law of the country of habitual residence of the child and the adoptive parent and with the list of documents that must be submitted for the purpose of adoption of a child habitually resident in the Republic of Bulgaria.
List of documents in the preparation of a dossier of adopeters for the adoption of a child with habitual residence in the Republic of Bulgaria.
First stage – registration with the register for adoptive parents under art. 113, para. 1, item 2 of the FC, the following documents are submitted:
1. Application to the Minister of Justice of the Republic of Bulgaria, containing:
• Short presentation about the adoptive parent – name, nationality and citizenship, number of the ID document, date and place of birth, country of habitual residence, permanent and current address;
• short history of our family;
• information about the economical and social status;
• information about the health condition of the adoptive parent and the members of his family
• information about the central authority or the accredited foreign organization who is mediating to the adoptive parent, including persons for contact, address, telephone, representation, conditions of the license of the accredited organization and the accredited organization under art. 116 of the FC and information about the BAO
• Characteristics of the child that he wishes to adopt in accordance with the permition for adoption, including the specifics of the health status and/or development that the adoper accepts.
• Motivation for the adoption
• Date and signature
2. Permission for adoption of a child, according to the law of the state, in which the adoptive parent usually resides in;
3. Certificate issued by the competent authority, certifying that the adopter is not deprived of parental rights
4. Home Study about the adoptive parent, prepared by organization licensed in accordance with the Hague convention at the place of habitual residence of the adoptive parent, containing: information about the family members including their health status
5. License of the agency, accredited in accordance with the Hague convention, which conducted the home study
6. Medical Certificates for the health condition of each of the adoptive parents, reflecting their physical and psychical condition and proving lack of serious chronic, contagious and venereal diseases, AIDS, tuberculosis, etc., which are dangerous to their life, the laboratory tests should be attached
7. Document of the criminal record for each adopter
8. Marriage license. In case of adoption by spouses, the Home study shall contain date for both of them
9. Power of attorney in favor of Foundation for representation in the adoption procedure
10 Contract and appendixes 1 and 2
11. Copy of the ID documents
12. Declaration from the adopters about the characteristics of the child that he wishes to adopt in accordance with the permition for adoption, including the specifics of the health status and/or development that the adoper accepts
13. Document for state fee
All the documents must have an apostille, except the documents under art. 10 and 11
Upon submittion of the dossier in the MOJ a document for the state fee must be attached.
Note:
USA
Item 7 – the conviction documents must be from the FBI
Item 2 – the document is issued by the USCIS. “The Hague accredited agency assistes for this document.”
GREECE
Item 2 – the document is isuued by the competent social service that prepared the social report
Item 5 – no document has to be presented
Second stage – after receiving a certificate for proceeding with the procedure for adoption and after the meeting with the child the following document are submitted:
1. Written consent or denial of the adopter about the following:
The consent shall contain the statement of the adoptive parent on the following:
1. that he is informed about the health condition of the child
2. that he is informed about the consequences of full adoption;
3. that he has personally met the child;
4. that the court stage of the adoption shall be started.
1. Notarized declaration stating that the adopted child shall not be given for another adoption;
2. Notarized declaration stating that the child adopted by the adoptive parents shall not be subjected to experimental treatment and that no part of his/her body will be used for medical purposes of donorship before the child dies;
3. Notarized declaration stating that our consent for adoption is not bound with material benefit;
4. Declaration form the foreign accredite organization for post adoption monitoring for a period of two years, with preparing of a report every 6 months, starting from the date of the court decision for adoption of the child.
5. Certificates for paid state fees.
The procedure for international adoption of a child from the Republic of Bulgaria by adopters from aboard.
Registration in the register for adopters
The adopters prepare a dossier, which contains all the documents reffered in the list of documents.
The medical documents are valid for a period of one year from the date of submittion of the dossier.
The dossier is submitted by the BAO /Bulgarian accredited organization/ or the central authority of the relevant country of residence of the adoptive parents.
After submittion of the dossier the MOJ review the documents if they meet the requirements of Bulgarian legislation and the legislation of the adopters according to item 2 of the list of documents. The adopters are registered under an unique number in the register for adoptive parents. The BAO informs the adoptive parents via the FAO.
Determination of suitable adoptive parent
Council for international adoptions with the Ministry of Justice determins a suitable adopter being guided by the interest of the child and the ability of the adoper to provide for its physical, psychical and social well-being, the information about the personality of the adopter and other circumstances important for the adoption.
Initiating the procedure for adoption
The Minister signs a certificate for starting the procedure for adoption. The BAO informs the FAO by sending the notificaition, a report for the child, a picture for identity, in some cases video materials and photos are applied.
In two months period from receiving of the certificate, the report and the picture, the adopters have to make a 5 days contact with the child.
It is recommended both parents to be present. If it is impossible for serious reasons of official (work), healthy character, the contact can be carried out by one of the spouses or the period can be shorter. In this case the family or the missing parent signs the competent legal declaration.
After the contact with the child the pointed in the list documents are presented – second stage
The dossier is reviewed again by the MOJ.
In case all the legal requiremets are met the Minister of Justice gives a consent for the adoption and the dossier is sent to the court.
Riview of the dossier in court
It is possible the court to request additional documents or updated ones of the presented in the dossier documents. The court shall pronounce a decision at a hearing.
Second travel of the adopters
For adopters form USA
The second trip must comply with the following
The adopters have to wait 3 working days for the passport of the child, after that a compulsory medical examination, vaccination and a compulsory TB test have to be performed upon a requirement of the US Embassy. Prepartion period – 3 days. Interview for obtaining an immigration visa in the US Embassy in Sofia. The visa of the child can be received on the next day after 4 PM.
For adopters from Europe
3 working days for a passport of the child.
Enough time must be envisaged to pick up the child from the relevant institution.
The families, who are applying for a healthy child need to know, that the MOJ does not bound with a term for receiving a proposal for a child.
According to the bugarian legislation the age difference between the child to be adopted and the adopter can not be less than 15 years. Required for at least one of the spouses. /The Recommended Practice of the MOJ for the upper age limit – not more than 50 years between the adopter and the adoptee /recommended for at least one of the spouses/
The Foundation can assist and provide escort for the child to the USA.
The Foundation is working as well on a program for finding of adopters for chidren with special needs. According to the bugarian legislation those are children with health issues or older than 7 years.
In case the adopters wish to adopt a specific child with special needs, they submitt the following documents:
Application to the MOJ /with content which is indicated above/
Power of attorney in favor of the Foundation
Signed Contract with the Foundation
Letter form a social worker from the FAO that indicates, that social research process will be completed in the stated term and the adopter can provide for all health, educational and other needs of the child.
In this case the MOJ gives a 6 months period for submitting the dossier in the MOJ. If the dossier is not completed in this period the homestudy is to be submitted. MOJ extendes the time limit for submission of the dossier with the specified in the law period.
All of the above for the procedure is valid in this case too.
USA
The adopters form USA must contact a Hague accredited agency. Our Foundation can recommend agencies we work successfully with.
• The Prospective adoptive parents must be habitually resident in the US;
• The Prospective adoptive parents must be American citizens: if the the prospective adoptive parent is not married, he/she must be at least 25 years old, if the prospective adoptive parents are spouses and one of them is not an American citizen, the last said must reside legally in the US and also to adopt a child;
• The Prospective adoptive parents must have an approved I-800A form;
Procedure
Submitting of I-800A form (Application for determination of Suitability to adopt a child from a Convention country) in the USCIS and receiving an approval I-797C;
After USCIS are convinced that the prospective adoptive parents are capable of providing for the adopted child and provide him with a stable home, the approval of the Application I-800A is issued – I-797C. I-797C must indicate the specific Convention Country to adopt the child from and the specific characteristics of the child – number of children, gender, age, specific needs etc. The I-797C form is valid for a period of 15 months from the date of the fingerprints, but its validity can be renewed for another 15 months by submitting an Application № 3 with I-800A by the prospective adoptive parents.
1. Submitting an application for adoption in the country of origin and reviewing a proposal for a child, together with a Report under art. 16 of the Hague Convention
2. Submitting an I-800 form in the USCIS (Petition to classify Convention Adoptee as an Immediate Relative);
3. Adoption of the child in the country of origin;
4. Obtaining an immigrant visa for the child;
5. Types of immigrant visas and acquisition of US citizenship;
6. Recognition of the decision of the Bulgarian court for adoption
Selection of an accredited agency and providing of a social report
US citizens wishing to adopt a child form a Convention Country must first choose an American accredited organization, temporay accredited organization or an approved person to mediate in the intercountry adoption. After entering into force of the Hague Convention for the USA, the adoption of a child from a Convention country can be done only with the mediation of an American agency accredited by the Council of accreditation or the Department of human resources of Colorado. Furthermore, only such an agency can prepare a social research of the adopter and to prepare the social report. If the social report is prepared by a non accredited adoption agency, the report must be approved by an accredited agency, so the adoption to be authorized by the services of the United States.
The social report must be prepared by a Hague accredited agency or if prepared by a non accredited agency, must be approved, confirmed by a Hague accredited agency, so the adoption to be authorized by the services of the United States.
Tuberculosis tests on the departing child are mandatory for the US, upon request of the US Embassy in Bulgaria
For the US the child must have an immigrant visa to travel to the United States.
Accredited agencies we work with in the USA are listed in our site. Of course there is no obstacle for us to work with an agency form the USA, chosen by you.
Greece
In Greece the accredited agencies under the Hague convention are the social services in the respective regions – prefectures: Attica, Central Macedonia, West Greece, Crete, Epirus. The adoptive parents can contact the Bulgarian accredited organization to support them with consultations and advices during the preparation of the documents. Also the adoptive parents from Greece can contact the Directorate of the Central Authority for International Adoptions in Greece – KADY.
When you contact us you will receive all the information and a list of documents, list of costs and the information provided in the legislation, Regulation 2 и 3/24.10.2014 in Greek language. The adoption is regulated mainly by the provisions of the Civil Code (articles 23 and 1542 to 1588), Law 2447/1996, amend. 2008 of Decree 610/1970 (articles 19.20.22, para. 2 and 23) of Presidential decree 226/1999 and of Civil procedure code (article 800). The Convention for the Protection of Children and Co-operation in the International Adoptions, signed in Hague on 29.05.1993 (the Hague convention) was ratified in Greece with Law №. 3765/2009.
Age requirements according to the national law of Greece, art.1543 and 1544, GCC
The person who adopts must be at least 30 years old and not to exceed 60 years. Moreover, the difference between the adoptive parent and the adoptee must not be less than 18 years or more than 50 years. These age limitations are not in force in respect of the spouse who wishes to adopt a child already adopted or a child who is in a process of adoption by the other spouse. In case that the child is being adopted by both spouses, it is enough the conditions with regard to the age to exist in the face of one of the spouses. The law allows only the adoption of minor child (under 18 years).
Marriage between adoptive parents
It is not necessary the person who adopts to be married nor matters whether is male or female. It is possible even man or woman without a husband or a partner to adopt a child.
Documents required for filing a record for international adoption in accordance with GCC, Law N. 2447/96, art.3, para.3, Decree 226/1999 and art. 15 of the Hague convention
The adoptive parent should contact the central authority for international adoptions – Directorate /Kady/ or the accredited regional service /organization/ and should necessarily indicate the country of origin of the child for adoption. In the application should be indicated the sex with the respective preferences for the age of the adoptee. The application must contain a certification of the authenticity of the signature of the prospective parent by a public authority.
To be taken into consideration that the above documents must be stamped with an apostille for a country where the relevant convention is in force – Hague on 05 October 1961.
Kady may request additional documents for the child for adoption by the country of origin in order to protect effectively the interests of the child.
PROCEDURE
1. The applicant must submit a declaration and the needed documents for implementing and conducting social studies: а) in Kady or b) in the accredited organization. In the first case, the file is submitted from Kady to the competent territorial Social service with a mandate to conduct social studies.
In the second case, the accredited organization checks the fullness and completeness of the documentation and the validity of the documents attached thereto and is sending the case to the competent territorial directorate for conducting the social study together with the notified request, reports to Kady the details for social service where the file concerning the adoption is sent.
It is taken into consideration, that the country of origin of the child where the Hague Convention on Children’s Protection and Co-operation in the International Adoptions is in force, must also be confirmed.
The social report records the following information:
• history of application and all previous applications for adoption,
• history and description of the personality of each of the applicants separately (age, place of origin, paternal family experience in the childhood and adolescence, parental and family roles within the family of the father, interpersonal relations with parents, siblings and other persons in the environment, education, professional development, occupation and interests, goals and ambitions in the family, assessment of the competence for parenting etc.),
• history and description of the marriage (development of the relations of the spouses, perception of marital roles, reciprocal or dissatisfactions in the marriage, financial issues, entertainments and obligations within and outside the family, etc.),
• physical and psychical health,
• presence of other children (biological or adopted, history of the children, relations between the children and the parents, methods of discipline, problems, etc.),
• reasons for adoption (objectives related with the adoption, expectations, satisfaction, offering love, protection and care for adulthood, ambitions for the child, etc.),
• knowledge and experience of the applicants regarding to the awareness of the children and their problems,
• views and perceptions of the applicants about the adoption institution (informing the child who has been adopted, support and assistance in searching of the biological family),
• financial situation,
• description of the object (the house and the neighborhood where will the child live, availability of bedroom for the children )
• parental environment (relations with relatives and expectations),
• information and references from other persons (if they want),
• any additional element that is important for the social worker,
• proposal of the social worker about the characteristics of the child, for example gender, in accordance with the expectations of the applicant, age (according to the Civil Code) and the country which is to respond to the request for adoption.
After conducting the social study, the social report is prepared and if the competent social worker assess that the applicants are suitable and they can adopt a child, a certificate of suitability is prepared, as defined by article 15 of the Convention.
In the social report must be reported the age of the child for adoption and the age of the applicants in accordance with the provisions of articles 1543 and 1544 of the Civil Procedure Code. The social report and the certificate of suitability are two different documents. The social report is prepared by the social worker who conducted social studies and is signed by this person, as defined in article 4 of Decree 226/99, and the certificate for conformity – suitability is issued by the Social service that conducts the social studies.
The approved documents with an apostille stamp are sent to Kady together with a copy of the whole documentation submitted by the accredited service /organization/ in order Kady to check them again and to send them to the relative central authority in the country of origin for the adoption of a child. The file can be translated by the competent authority for translation of documents at the Ministry of Foreign Affairs.
After the admission of the adoption in the country of origin of the child the prospective parents must notify Kady for the arrival of the adopted child in Greece.
For more information contact our email address: elena@inet.bg or phone numbers : +3592 889 29 55, + 3 592 889 72 50. We will respond promptly to your request.