July 31, 2008

This is to provide additional information regarding the most recent legislative change in Ukraine (please refer to our Public Notice of April 25, 2008 on this website and on kyiv.usembassy.gov/amcit_adoptions_notice_0116_eng.html).

Please note that this notice is based on the general information that the U.S. Embassy in Kyiv has received from the SDAPRC and that all further questions regarding specific adoption cases should be addressed to the SDAPRC directly.

If only one of the adoptive parents complies with recently enacted age restrictions (requiring that the adoptive parents be no more than 45 years older than the adoptive child), the adoption can be completed in the younger parent's name only. We interpret this as meaning that adoption dossiers submitted to the SDAPRC after the new law came into effect (i.e, after April 23, 2008) would require the following:

1. The adoption application to the SDAPRC must state that the adoption will be by the younger parent with the permission from the spouse.
2. The I-171H or I-797C Form should list the younger parent as the main petitioner.
3. The final recommendation of the home study should state that the younger parent is approved for adoption and can adopt the child separately from the spouse, because the older parent cannot adopt a child in this age group due to the age restrictions under Ukrainian law (article 211, Part II of the Family Code of Ukraine).
4. The medical and police certificates, letters from employer, birth certificates and other required documents should be submitted for the younger adoptive parent only.
5. There should be written, notarized consent from the older parent for the adoption of a child from Ukraine by the spouse.

Note also that all these documents should be certified and apostilled in the appropriate way. Certified Ukrainian translations must be included, as always.

If the adoption dossier is already registered with the SDAPRC, you will be asked to submit the following:

1. An addendum to your original home study (with an apostille and translation, as appropriate).
2. A new application for adoption will also need to be changed to reflect that the adoption will be done by the younger parent with the permission from the spouse.

Please note that all orphans adopted by only one of the adoptive parents will be processed as IR4 cases. There are some additional paperwork requirements for IR4 visas:

• Form I-864 Affidavit of Support and supporting documentation. For instructions, please see on our website the Affidavit of Support Forms (I-864 series forms) - Frequently Asked Questions.
• Certified copy of the approved home study.
• Evidence that the pre-adoption requirements of the adopting parents' state of residence have been met. (Pre-adoption requirements, if any, vary from state to state. Information on how to prove that these requirements have been met may be obtained from state and local officials who have jurisdiction in adoption matters, licensed public and private adoption agencies, or the USCIS office that has jurisdiction over the prospective adopting parent(s) residence).
• Evidence that re-adoption is legally possible in the parents' state of residence, if applicable.
• A notarized statement from the parent who has not met the child that he or she intends to adopt this child in the United States (should contain the child's exact name).