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Sunday, July 25, 2010

Kazakhstan Adoption Alert

U.S. DEPARTMENT OF STATE
Bureau of Consular Affairs
Office of Children’s Issues

June 29, 2010

The U.S. State Department, Office of Children's Issues has issued the following Adoption Alert regarding Kazakhstan:

In May 2010, the Kazakhstani Embassy in Washington and Consulate General in New York stopped accepting new intercountry adoption dossiers. The Kazakhstani government said this policy on new adoption cases will remain in effect until the Hague Adoption Convention (the Convention) enters into force for Kazakhstan. Kazakhstan has indicated that it intends to enact its implementing legislation by September 2010. Kazakhstan will then need to issue Convention regulations before the Convention enters into force, so it is unclear when new adoptions will be processed there.

The Kazakhstani government has informed the Department of State that it will continue to process any cases for which the Kazakhstani Embassy or Consulate General had sent the prospective adoptive parents’ dossiers to the Ministry of Foreign Affairs by May 25, 2010. These will be considered transition (“non-Hague” or Form I-600) cases; the policy on new cases will not affect the processing of these adoptions. For more information, you may wish to check the Kazakhstani Embassy’s adoption Web pages.

At this time, prospective adoptive parents should not attempt to initiate any new adoptions in Kazakhstan. The Kazakhstani government will not process any new “non-Hague” or Form I-600 cases. Additionally, since the Convention has not entered into force for Kazakhstan, USCIS cannot process a Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, where the applicants indicate their intention to adopt a child from Kazakhstan.

May 14, 2010

It is Joint Council's understanding that the Minister of Foreign Affairs of the Republic of Kazakhstan has informed the Consulate General of the Republic of Kazakhstan in New York that effective May 15th the Embassy will temporarily no longer accept adoption dossiers, due to Kazakhstan's intention in joining the Hague Convention on Intercountry Adoption. It is unclear at this time how this will effect families who have received a referral in Kazakhstan, families who have previously submitted dossiers but have not yet received a referral, and families who had recently begun the process of adopting a child from Kazakhstan.

It is Joint Council's assessment that a suspension of intercountry adoption during the period of which Kazakhstan prepares to and implements the Hague Convention is not in the best interest of children and is in conflict with the very principles of the Hague and the specifics of the Hague Guide to Good Practice.

Joint Council will continue to communicate with our contacts with the U.S. Dept of State and the Government of Kazakhstan in assessing the situation and will update as more information becomes available.

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