Adoption Information: Russia
Recent Developments
Please see the Department of State website for the most current information on Russian legislation that may impact intercountry adoptions from Russia. At present, USCIS continues to accept and process paperwork filed by prospective adoptive parents intending to adopt children from Russia. We, along with the Department of State, are monitoring the situation and will inform prospective adoptive parents of any changes.
What Russia’s Law Affecting Adoptions Means for U.S. Parents
On Dec. 28, 2012, Russian President Vladimir Putin signed Federal Law No. 272-FZ, which went into effect on Jan. 1, 2013. The law:
- Prohibits the adoption of Russian children by U.S. citizens,
- Prohibits adoption service providers from assisting U.S. citizens in adopting Russian children, and
- Requires termination of the U.S.-Russia Adoption Agreement. Russia has given the U.S. official notice that the agreement was ended on Jan. 1, 2014.
On Jan. 22, 2013, the Russian Supreme Court issued a letter to city and regional courts explaining the implementation of Federal Law No. 272-FZ. The letter instructs Russian courts to transfer children to the custody of their adoptive U.S. citizen parents if the court made its adoption decision before Jan. 1, 2013 (including those that entered into force after Jan. 1, 2013, after the 30-day waiting period after which the Russian court’s adoption decision enters into legal force and the final adoption decree is issued).
What This Means to Prospective Adoptive Parents
We continue to accept and process paperwork filed by prospective adoptive parents intending to adopt children from Russia. However, we remind parents that since Russian Law 272-FZ became effective, Russian courts have only issued adoption decrees if the court made a decision in the case before Jan. 1, 2013, whether that decision entered into legal force before or after Jan. 1, 2013. Therefore, U.S. families with pending Russian adoptions may wish to explore other options, particularly if the Russian court hearing their case did not make a decision on their adoption before Jan. 1, 2013.
Information for Dual Nationals
If you are a citizen of the United States and another country, and if you plan to adopt a child in Russia and file a Form I-600, Petition to Classify Orphan as an Immediate Relative, on that child’s behalf, USCIS will require evidence that the Russian court that granted the adoption was aware of your U.S. citizenship and your intent to bring the child to the United States to reside after the adoption.
If you plan to adopt a child in Russia and file a Form I-130, Petition for Alien Relative, on that child’s behalf, USCIS may require evidence that the Russian court that granted the adoption was aware of your U.S. citizenship and your intent to bring the child to the United States to reside after the adoption.
Please note: In Form I-130 adjudications, USCIS determines on a case-by-case basis whether a child meets the definition of an “adopted child” under Section 101(b)(1)(E) of the Act, which requires an adoption finalized before the child turns 16 years of age, and two years of legal custody and joint residence with the child, in order to qualify for an immigration benefit.
Related Links
- Please visit adoption.state.gov for the most up-to-date information.