Factsheet, Page 2
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ADOPTION PROCEDURES:
Prospective adoptive parents interested in adopting a child in Estonia should send a letter to the Estonian Ministry of Social Welfare (MSW) or to the adoption agency listed below indicating the sex and age of the child(ren) they would be interested in adopting. This letter should include information on the adoptive parents'' age and profession. Since foreign parents with Estonian background are given preference over foreigners with no Estonian heritage, adoptive parents should explain their ties to Estonia.
The MSW cautions that prospective adoptive parents should not visit orphanages to locate the child since it is unlikely that the child they choose will be permitted to be adopted by foreigners. According to the new adoption law, international adoptions may be processed through an adoption agency in the parents'' home country which has signed an agreement with the Ministry of Social Welfare.
Once prospective adoptive parents are approved for adopting in Estonia, the MSW places them on a list and begins the process of locating a suitable the child. This process can be lengthy (several years or more) as the number of children that can be adopted by foreigners is quite limited (only about 20 children a year). When the MSW finds a child that seems to meet the adoptive parents'' indicated desire, the MSW sends information about the child to the adoptive parents. If the adoptive parents would like to proceed with the adoption of the specific, proposed child, they must send the MSW a notarized application stating their request to adopt the child, indicating the child's first and last names. If the parents are not interested in the child the MSW proposes, they should notify the MSW and the MSW will continue searching for appropriate children. However, no more than three successive children will be offered to one prospective parent.
The new adoption law requires court approval of international adoptions and the adoptive parents'' presence at the court hearing when the adoption is finalized. The orphanage where the child is living is then notified that the child can be released into the adoptive parents'' custody. After the adoption has been approved, the adoptive parents get the right to change the child's name.
After the child has been adopted under Estonian law, the U.S. Embassy in Tallinn will complete the Overseas Orphan Investigation. The Embassy in Tallinn will forward this investigation as well as the other adoption documents to the U.S. Embassy in Helsinki where the child's medical exam is performed and immigrant visa is issued. Prospective parents should contact the Embassies in Tallinn and Helsinki respectively in advance to schedule appointments for the Orphan Investigation and immigration processing.
AGE AND CIVIL STATUS REQUIREMENTS: An adopting parent should be at least 25 years old (in exceptional cases the Court may give permission to adopt to a younger person). A child may be adopted by a couple only if they are legally married (two people of the same sex cannot adopt in Estonia). An individual can adopt a child if he or she is not married, or if he or she is divorced and the spouse has given permission for the adoption.
RESIDENTIAL REQUIREMENTS: There are no residency requirements for prospective adoptive parents in Estonia.
ADOPTION AGENCIES AND ATTORNEYS: Prospective adoptive parents may contact the U.S. Embassy in Tallinn, Estonia for a list of adoption agencies that are allowed to operate in Estonia. Neither the U.S. Department of State, nor the U.S. Embassy in Tallinn, Estonia can make any claims as to efficacy or professionalism of this agency.
Note: It is possible to apply directly to the Social Ministry until October 1, 2002. As of October 1st, 2002, the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (29 May 1993, Hague) will come into force for Estonia. According to this convention, private adoptions will no longer be possible. Each adopting parent or family will need to find an organization in their country of residence which are accredited to operate in Estonia. In the near future, the Ministry of Social Welfare will get in touch with adoption agencies that have applied to work in Estonia during the last three years, informing them what the requirements are in order to be selected. The Minister of Social Welfare and a commission will determine which agencies will be accredited to work in Estonia.
Prospective adoptive parents are allowed to use an attorney. However, as of October 1st, there will be no need for an attorney as prospective adoptive parents will be required to use an agency.
Credits: U.S. Department of State
