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International Adoptions in Russia

Age and Civil Status Requirements

INA § 101 (b) (1) (F) provides for the immigration of a child:

1. who is under the age of sixteen * at the time a petition is filed on his behalf; and

2. who is an orphan

• because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents or

• for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption.

3. and who either

• has been adopted abroad by a US citizen and spouse jointly, or by an unmarried US citizen at least 25 years old, who personally saw and observed the child prior to or during the adoption proceedings; or

• is coming to the US for adoption by a US citizen and spouse jointly, or by an unmarried US citizen at least 25 years old, who have or has complied with the pre-adoption requirements, if any, of the child's proposed residence.

* A recent amendment to the INA provides for the immigration of an orphan who is under the age of eighteen at the time the petition is filed, provided that child is the natural sibling of an orphan under the age sixteen who is being or was adopted by the same petitioner(s).

According to the Russian Law, to become available for adoption by foreign citizens, the child must have been registered in the state database for children left without parental care for not less than six months.

Prospective adoptive parents should be aware that the Russian government strongly encourages adoptive parents to adopt all children within a sibling group. Therefore, if a prospective adoptive parent identifies a child who has siblings, but does not wish to adopt the child's brothers and sisters, the Russian authorities may deny the adoption. Then adoptive parent will have to work with his/her adoption agency and Russian authorities to identify another orphan who has no siblings.