May 26, 2010

The Department of State has released the following adoption alert regarding pursuing adoption in Nepal:

Caution About Pursuing Adoption in Nepal

The U.S. Department of State strongly discourages prospective adoptive parents from choosing adoption in Nepal because of grave concerns about the reliability of Nepal’s adoption system and the accuracy of the information in children’s official files. The Department also strongly discourages adoption service providers from accepting new applications for adoption from Nepal until reforms are made, and asks them to be vigilant about possible unethical or illegal activities under the current adoption system.

The Hague Conference on Private International Law recently released a report on its Intercountry Adoption Technical Assistance Program, based on a visit by a delegate from the Hague Conference’s Permanent Bureau to Nepal in November 2009, available at (http://www.hcch.net/upload/wop/nepal_rpt09.pdf). This report is the result of an independent analysis of Nepal’s intercountry adoption system under the new Terms and Conditions put in place in 2008. The report details a number of weaknesses in Nepal’s adoption system, including ongoing concern about the falsification of documents, improper financial gain, and lack of a child protection system.

Although the U.S. Embassy in Nepal has only seen a handful of adoption cases since the new Terms and Conditions went into effect, we share many of the concerns outlined in the Hague report. As a case in point, in one of the first cases processed by the Government of Nepal after the revision of the Terms and Conditions, the U.S. Embassy in Kathmandu found that the adopted child was not a true orphan and that the birth parents were actively searching for the child.

We encourage parents who have filed an application with the Ministry of Women, Children and Social Welfare (MoWCSW) in Nepal, but have not yet been matched with a child or received an Adoption Decree issued by the Government of Nepal, to consider a change of countries. The United States Citizenship and Immigration Services (USCIS) allow one change of country to be made in connection with one’s I-600A application without fee. A request to change countries should be made in writing to the USCIS Field Office where the I-600A was originally filed. More information about how to request a change of country can be found on the USCIS website at www.uscis.gov (Any subsequent request for a change of country would require a fee.).

Hague-accredited U.S. adoption services providers, and adoption service providers that may apply for Hague accreditation in the future are reminded that their actions in facilitating and/or processing adoptions in any country (whether Hague or non-Hague) will be evaluated during the Hague accreditation or accreditation renewal processes in accordance with the accreditation regulations (22 CFR Part 96), including whether, among other things, the provider has established and rigorously followed ethical adoption practices and operates in the best interest of prospective adoptive children.

Consular Officers are required to conduct an I-604 investigation to verify the child’s orphan status prior to immigrant visa processing. We generally rely upon the host government’s diligence to protect the safety and interests of their own children through careful administration of their national adoption process and use the I-604 investigation to confirm that this process has been followed. Because Nepal’s adoption process is questionable, it can be very difficult to satisfy the requirements of the I-604 investigation. Thus, these investigations could take a matter of months. Prospective adoptive parents are advised that they need to have flexible travel plans and be prepared to stay in Nepal while awaiting the results of the I-604 investigation or plan to make two trips (one to finalize the adoption and a second after the I-604 investigation is completed to bring their child home.)

When an I-600 is adjudicated by USCIS in the United States, consular officers must then conduct an I-604 investigation once the approved petition reaches the Embassy in Nepal to verify the child’s orphan status prior to immigrant visa processing. For I-600 applications filed at the U.S. Embassy in Kathmandu, the I-604 investigation is initiated after the prospective adoptive parents have appeared before a consular officer to sign the application.

Both DOS and USCIS recognize that it would be preferable for the I-604 investigations to be completed earlier in the process. However, under current procedures, the U.S. Embassy cannot begin the I-604 investigation until the PAPs have filed their I-600 application and have submitted the necessary documents pertaining to the adoptive child, such as police reports, newspaper announcements and certification of orphan status. The Department of State and USCIS are currently in discussion about possible ways to revise the procedures under U.S. Government control to mitigate this problem.

The U.S. Embassy in Kathmandu continues to meet with officials within the Government of Nepal and with other foreign missions concerning the current status of adoptions in Nepal. The February 25, 2010 joint statement issued by the International Adoption Working Group (an ad hoc group of Embassies in Nepal who have an interest in intercountry adoption issues) may be found at http://nepal.usembassy.gov/pr-2-24-2010.html.

Adoptive parents may contact the Embassy at adoptionsnepal@state.gov if they have questions.

Please continue to monitor http://adoption.state.gov for updated information as it becomes available.
 

May 4, 2010

The Department of State has released the following statement about adoptions from Nepal:

Adoption Alert: Nepal
Caution About Pursuing Adoption in Nepal
May 4, 2010

The U.S. Embassy in Kathmandu was closed on May 3 and will be closed on May 4 and 5 due to a nationwide strike. The closure may continue thereafter, depending on whether the strike continues and what the situation warrants. The Consular Section has scheduled back-up appointment dates as follows: If you are scheduled for an immigrant visa interview on Tuesday, May 4th, please come for your immigrant visa interview on Friday, May 14 at 13:00. If you are scheduled to pick up your immigrant visa and travel packet on Thursday, May 6th, and the Embassy is closed, please come to pick up your immigrant visa on Thursday, May 13th at 14:00. For additional information regarding consular services, please carefully read the full announcement that is posted on the Embassy’s website at: http://nepal.usembassy.gov/pr-04-30-2010.html. Please continue to monitor the Embassy website for updated information.

The U.S. Department of State strongly discourages prospective adoptive parents from choosing adoption in Nepal because of grave concerns about the reliability of Nepal’s adoption system and the accuracy of the information in children’s official files. The Department also strongly discourages adoption service providers from accepting new applications for adoption from Nepal until reforms are made, and asks them to be vigilant about possible unethical or illegal activities under the current adoption system.

The Hague Conference on Private International Law recently released a report on its Intercountry Adoption Technical Assistance Program, based on a visit by a delegate from the Hague Conference’s Permanent Bureau to Nepal in November 2009, available at (http://www.hcch.net/upload/wop/nepal_rpt09.pdf). This report is the result of an independent analysis of Nepal’s intercountry adoption system under the new Terms and Conditions put in place in 2008. The report details a number of weaknesses in Nepal’s adoption system, including ongoing concern about the falsification of documents, improper financial gain, and lack of a child protection system.

Although the U.S. Embassy in Nepal has only seen a handful of adoption cases since the new Terms and Conditions went into effect, we share many of the concerns outlined in the Hague report. As a case in point, in one of the first cases processed by the Government of Nepal after the revision of the Terms and Conditions, the U.S. Embassy in Kathmandu found that the adopted child was not a true orphan and that the birth parents were actively searching for the child.

We encourage parents who have filed an application with the Ministry of Women, Children and Social Welfare (MWCSW) in Nepal, but have not yet been matched with a child or received an Adoption Decree issued by the Government of Nepal, to consider a change of countries. The United States Citizenship and Immigration Services (USCIS) allow one change of country to be made in connection with one’s I-600A application without fee. A request to change countries should be made in writing to the USCIS Field Office where the I-600A was originally filed. More information about how to request a change of country can be found on the USCIS website at www.uscis.gov (Any subsequent request for a change of country would require a fee.).

Hague-accredited U.S. adoption services providers, and adoption service providers that may apply for Hague accreditation in the future are reminded that their actions in facilitating and/or processing adoptions in any country (whether Hague or non-Hague) will be evaluated during the Hague accreditation or accreditation renewal processes in accordance with the accreditation regulations (22 CFR Part 96), including whether, among other things, the provider has established and rigorously followed ethical adoption practices and operates in the best interest of prospective adoptive children.

Prospective adoptive parents who currently have active files at the Ministry of Women, Children and Social Welfare and who may already have an approved I-600 (Petition to Classify an Orphan as an Immediate Relative) from a USCIS Domestic Field Office may experience significant difficulties and delays. When an I-600 is adjudicated by USCIS in the United States , consular officers must then conduct an I-604 investigation once the approved petition reaches the Embassy in Nepal to verify the child’s orphan status prior to immigrant visa processing. Depending upon the circumstances of a case, this investigation may take up to several months to complete, even if the I-600 petition is already approved. We generally rely upon the host government’s diligence to protect the safety and interests of their own children through careful administration of their national adoption process and use the I-604 investigation to confirm that this process has been followed. Because the Nepali adoption process is questionable, it can be very difficult to satisfy the requirements of the I-604 investigation. When we cannot do so, we must return the case to USCIS with a recommendation that the I-600 approval be revoked.

Both DOS and USCIS recognize that it would be preferable for the I-604 investigations to be completed earlier in the process. However, under current procedures, the U.S. Embassy cannot begin the I-604 investigation until the prospective adoptive parents have a signed Adoption Decree issued by the Government of Nepal, and the Government of Nepal will not issue an Adoption Decree until the prospective adoptive parents are in Nepal. Thus, prospective adoptive parents are currently faced with the need to either make two trips to Nepal or to spend an extended period in-country while awaiting the results of the I-604 investigation. DOS and USCIS are currently in discussion about possible ways to revise the procedures under U.S. Government control to mitigate this problem.

The U.S. Embassy in Kathmandu continues to meet with officials within the Government of Nepal and with other foreign missions concerning the current status of adoptions in Nepal. The February 25, 2010 joint statement issued by the International Adoption Working Group (an ad hoc group of Embassies in Nepal who have an interest in intercountry adoption issues) http://nepal.usembassy.gov/pr-2-24-2010.html.

Adoptive parents may contact the Embassy at adoptionsnepal@state.gov if they have questions about the status of their case.

October 5, 2009

The Department of State has released a statement about adoptions from Nepal.  Please click here to read it. 

February 11, 2009

Joint Council has received the latest list of agencies accredited to work in Nepal. The full list of agencies may be viewed here.

January 9, 2009

The U.S. Department of State has released the following announcement:

On January 1, 2009, the Ministry of Women, Children and Social Welfare (MWCSW) established procedures for processing adoptions pursuant to the Government of Nepal’s (GON) new Terms and Conditions for adoptions.  The initial announcement stated that only 10 applications will be processed from each Embassy, Mission, or enlisted Agency in 2009.  It is understood that these requirements have been provided to all approved agencies.  According to Nepali officials, the new requirements will apply to all intercountry adoptions.  There is NO provision to permit adoptive families who may have already begun an adoption to continue (be “grandfathered”) under the previous regulations.

Prospective adoptive parents should be aware that Nepal suspended intercountry adoptions in 2007 because of serious irregularities as well as credible claims of fraud and possible child-buying.  It is not clear that the new adoption procedures will provide sufficient safeguards to ensure that intercountry adoption procedures will be transparent and will adequately protect the rights of children, birth parents, and adoptive parents. 

Although the government has announced that the MWCSW is prepared to begin processing intercountry adoptions, adoptive parents considering an intercountry adoption from Nepal should be aware that the current transition period likely will pose considerable delays and challenges as the Government of Nepal seeks to implement its new policies and regulations.  The Embassy continues to seek clarification regarding these procedures and will post additional details as they are available.

November 14, 2008

October 28, 2008

The Nepalese government has released a list of agencies approved to work in Nepal. Please see the attachment for details.

May 28, 2008

The U.S. Department of State announced that the Nepali Cabinet approved the following terms and conditions to govern the intercountry adoption process on May 2nd, 2008:

Some changes introduced by the new terms and conditions include:

• The WCS Ministry, not the orphanages, will be responsible for matching children with adopting parents. 
   
• Documented efforts by the orphanages to find an abandoned child’s natural parents will be intensified, as well as efforts to promote domestic adoption of these children by Nepalese families in Nepal as a first preference. 
   
• Adoption agencies must be registered with WCS in order to work in Nepal, and prospective adoptive parents must apply to adopt through these registered agencies. 

The legislation also stipulates that adoptive families who had been matched with a child prior to June 15, 2007 may be processed under the terms and conditions which were in effect at that time. 

November 6, 2007

Joint Council is very pleased to report that the Nepali Cabinet has approved the completion of the over 400 adoptions which have been suspended since April 2007.  

With a goal of ensuring that each child retained the right to find a permanent, safe and loving family, this truly collaborative effort included the governments of the United States, Spain, Italy and France along with advocates such as Joint Council and service providers such as Faith International and Holt International.  Undoubtedly, the nexus of our collective advocacy was a small group of loving and tenacious adoptive families.  These families remain committed to the children referred to them over six months ago and to all Nepalese children.  

Joint Council, along with other advocates will continue to work with the Nepali government to ensure the process of facilitating the adoptions serves the best interest of each child via an expeditious and legal manner.