This blog only applies to Americans adopting from Ukraine.

Very recently the I-604 immigration form was modified. It is now called Determination on Child for Adoption. This impacts all Americans who are adopting internationally. And it makes things a little bit harder for Americans adopting from Ukraine.

The I-604 form is filled out by adoptive parents at the US Embassy in Kyiv after the adoption is final. (After the Ukrainian court hearing to approve the adoption, families must wait 10 days before they can pick up their child from the orphanage.) It is part of the visa processing which documents the child's adoptable status. The child must met the United States' definition of an orphan.

The biggest change is that adopted children have to match the criteria in the home study. Before now, just the total number of adopted children was matched.

For example...

A family's home study approved them for a girl who was 3 years or younger. But the family adopted an 11 year old boy. This wasn't a problem.

Now it is a problem.

I know the US Embassy in Kyiv sent out an email on April 6 about this change. However it was impacting families before now. I remember a family who had problems with this in Feb 2007.

But I didn't realize this also impacts families adopting children with special needs. If your home study asks for a healthy child but the adopted child has a diagnosis of crossed eyes, the visa could be refused.

Question number 5 in the new I-604 now reads:

Does the intended child fit suitability criteria noted in the home study/Visa37/approval notice for Form I-600A or approved I-600 as appropriate (age, gender, special needs, number of children, etc.)?

From: I-604 Form

The US Embassy has a suggestion for dealing with this issue. Don't put limitations in your home study. But the SDAPRC is using the home study to decide what types of children to refer to families.

So this seems like a catch-22 situation. Because Ukraine adoption is blind referral, families don't know exactly what children are available. How can they write their home study so that it will satisfy the US Immigration and the SDAPRC?

My opinion....have 2 home studies.

Be very open and general in your home study. Ask to be approved to adopt a child. Don't mention health, gender or age. Send this one to the US Immigration for processing the I-600A.

The second home study would list your criteria (age, gender, health, etc...) Send this one in your dossier to the SDAPRC.

Another option if your home study is already submitted, is to get an addendum that is very general. It removes all restrictions from your home study on the child's gender, age and health. And file it NOW with the USCIS with your I-600A petition. You really don't want to mess with this while in Ukraine.

The new version, which dates from October 30, 2006, requires Consular Officers to confirm that the adopted child fits suitability criteria noted in the home study/Visa 37 cable/approval notice for Form I-600A or approved I-600, as appropriate (age, gender, special needs, number of children, etc.).

Therefore, in order for an I-600 to be approved and an immigrant visa be issued, the child must meet the eligibility to adopt criteria as recommended in the home study.

A home study does not have to set such limitations, but if there are any, the adopted child must meet all these criteria.

For example, if a family is approved for adoption of an infant child they cannot receive an immigrant visa for a five-year old adopted child without USCIS authorization. Even though each case can be considered on its individual merits, any significant discrepancies (e.g., age difference over one year) may mean that the family needs to obtain an amended USCIS approval.

Given that Ukraine does not allow pre-selection of children eligible for intercountry adoption, most American prospective adoptive parents do not know the exact age, gender, health condition and sometimes even the number of their prospective adopted child(ren).

American families adopting from Ukraine are often compelled by the Government of Ukraine to accept a child or children of the age, gender and health condition different from that specified in their home study. We strongly recommend that such adoptive parents initiate the process of obtaining an amended USCIS approval as early as possible.

To do so, adoptive parents first have to obtain an addendum to their home study from their agency or social worker, which then should be submitted to the appropriate USCIS office. Only after the U.S. Embassy in Kyiv receives an amended approval notice (or Visa 37 cable) from USCIS will the Embassy be able to process an immigrant visa for the adopted child.

From: US Embassy in Kyiv's Email