General Information on Foreign Adoptions in Bulgaria

The Adoption Process

The Bulgarian government allows for the adoption of Bulgarian orphans by families and individuals in foreign countries. The issue of foreign adoptions is sensitive, however, and the Bulgarian government has introduced a fairly strict set of guidelines to regulate the process and to allay the concerns of the public, which are inflamed by sensational articles in the press. Nevertheless, the U.S. Embassy in Sofia has processed many successful adoption cases, and we expect the practice to continue. Bulgarian regulations prohibit foreign adoptions of orphans who are under one year of age.

Adoption does not automatically confer U.S. citizenship. Adoption allows the adoptive parents to petition for an immigrant visa for the child, who can then be brought to the United States for naturalization. The process requires an application to the Bureau of U.S. Citizenship and Immigration Services (USCIS). Please contact the USCIS office having jurisdiction over your place of residence for information on initiating the petition process.

You can find additional information on foreign adoptions at travel.state.gov.

As you complete the process of seeking an immigrant visa for your child, please note that your child may benefit from provisions of the Child Citizenship Act of 2000. This law, which took effect on February 27, 2001, facilitates the acquisition of United States citizenship for children adopted by U.S. citizens. Under this law, such children automatically acquire U.S. citizenship. In order to qualify for the child to receive an IR-3 immigrant visa, which allows for automatic naturalization upon entry into the United States, both parents must have seen the child in person before the adoption. In the event that you have not seen the child before the adoption, the Embassy in Sofia will issue an IR-4 immigrant visa. This means that you must submit an I-864 Affidavit of Support at the visa interview and the child will be readopted in the United States.

U.S. citizen parents interested in adopting a Bulgarian orphan should first contact USCIS and satisfy the U.S. pre-adoption requirements. The next step is to identify an orphan available for adoption. In July 2003, the Bulgarian Parliament passed a new adoption law. This law requires adoptive parents to deposit their applications directly at the Ministry of Justice (MOJ) using the services of an American adoption agency licensed in Bulgaria or a Bulgarian agency accredited by the MOJ. The names of all prospective adoptive parents are entered into a register. Another register keeps track of all Bulgarian children available for foreign adoptions. A Council consisting of representatives of the MOJ, the Ministry of Health, the Ministry of Education, and Social Services reviews each application. The Council offers a child to a prospective adoptive family. The MOJ provides photographs of the child and information about his/her medical condition. If the family declines to adopt a specific child, the Council should be informed within two months and a new child will be offered for adoption. Once a family (or a single parent) selects a child and the Council approves the parents' application, the case is directed to the Minister of Justice for final approval. When the Minister signs the parents' application, the paperwork is transferred directly to the Bulgarian court, which must give custody of the child to the adoptive parents. One or both of the adoptive parents should plan on making a trip to Bulgaria. When the court has given custody of the child to the adoptive parents, they should spend at least five days with their adopted son or daughter before the orphanage director releases their child.

Once the adoption is final, the child must have a medical examination conducted by the Embassy's Panel Physician, which costs approximately $40, and then the Embassy can issue the immigrant visa, which costs $380. If the U.S. parents have adopted two Bulgarian children but the children are not siblings, another $545 fee must be paid for filing an I-600 petition at the U.S. Consulate in Sofia.

The complexity of this process should make clear that it takes time, and prospective adoptive parents should be patient and not expect instant results. According to the new Bulgarian adoption law of 2003, the MOJ will process applications submitted by a licensed American or Bulgarian adoption agency. American adoptive parents may file their application with the Bulgarian Ministry of Justice only through a licensed agency. Each American adoption agency operating in Bulgaria should be either licensed by the MOJ or should use the services of a Bulgarian licensed agency. As of September 16, 2004, there are 19 Bulgarian adoption agencies approved by the MOJ. Three American adoption agencies have been licensed so far.

Availability of Children for Adoption

Recent statistics reflect the following pattern for visa issuance to Bulgarian orphans adopted by American citizens:

The statistics for fiscal year 2006 shows that the Embassy in Sofia issued 28 adoption visas. This number reflects the current trend of steady decline of foreign adoptions in Bulgaria. If this trends continues, we may expect less than 30 visas issued to Bulgarian orphans in FY 2007. The government of Bulgaria is encouraged by the European Union to reduce the number of foreign adoptions and to find alternative methods of placement of orphans and neglected children. According to the most recent information from the Ministry of Justice, there are very few children available for foreign adoption and about 1400 families and single parents from North America and Europe on the waiting list.

Approximately 80% of the children have medical condition. Please note that the parents’ applications are not processed in chronological order. An adoption Council at the Ministry of Justice reviews the applications and matches children to a proper family. Priority is given to parents wishing to adopt a child with medical condition.

Adoption Agencies Licensed by the Bulgarian Ministry of Justice

The Embassy is not in a position to recommend any specific agencies. Even some of the most successful agencies here have had occasional problems and dissatisfied clients. We urge all prospective adoptive parents to investigate an agency thoroughly before committing any funds.

Parents should be aware that the adoption process takes many months, sometimes more than one year. The American Embassy in Sofia cannot act as parents’ representative or as an adoption facilitator. If there is an unreasonable delay in the adoption process, however, the Embassy can make inquiries on behalf of the parents.

If you have questions or desire further information, please feel free to write or call directly to the Consular Section of the Embassy. Our telephone numbers are as follows:

+359 (2) 937-5444 (2:00 to 4:00 p.m.)
+359 (2) 937 5122 (Immigrant Visa Unit Fax)

E-mail: iv_sofia@state.gov

You may also write to us through the U.S. postal system at the following address:

Consular Section
Department of State
5740 Sofia Pl.
Washington, D.C. 20521-5740

Points of contact are Vice Consul Carolyn Turpin, Immigrant Visa Unit Chief, and Emanuil Georgiev, Consular Assistant for Immigrant Visas.

Frequently Asked Questions About Adoptions

Documentary Requirements for Foreign Adoptions in Bulgaria

The following documentary requirements for foreign adoptions in Bulgaria are given exactly as they appear in the Bulgarian Ministry of Justice's own English translation of official terms and procedures. The Embassy's comments are in brackets. [To be recognized by the Bulgarian authorities, all U.S. documents should bear an apostille attached by the Department of State (or the Governor’s office) of the state from which they originate. In Bulgaria they must be officially translated by a translation company, and then legalized by the Bulgarian Ministry of Foreign Affairs.]

1. Marriage certificate. If the adopter is not married, this circumstance shall be certified by a document issued by the local administration at the place of residence.

2. Certificate to prove that the adopter has not been deprived of parental rights. [In practice, this requirement is met by a statement provided by the licensed home study organization with the following information: (a) Confirmation of the married status of the adopters or the reason for the single status of an adopter; (b) The number of children already in the family or specifying that there are no children; (c) A statement to the effect that adoptive parent [s] have not been deprived of parental rights.]

3. Certificate issued by the local administration of the place of residence of the adopter stating the amount of his or her income and property.

4. Recommendation [report] of the social welfare service at the local administration at the place of residence or a report of a foreign organization authorized to mediate in adoptions by the respective government agency. The reports shall provide details about the adopters, the living conditions, the family and personal motivation for adoption, history of the marriage, etc.

5. Non-conviction certificate.

6. Health papers on the physical and mental health of each adopter, as well as medical certificate confirming the absence of grave chronic or contagious venereal diseases, AIDS, tuberculosis and other life-threatening diseases of the adopter.

7. Statement duly attested by the Notary Public that the child shall not be subjected to experimental medical treatment and that parts of its body shall not be used for donor purposes.

8. Power of attorney with the signature duly attested by a notary public, if the applicants act by proxy.

9. Certificate of the observance of all provisions of the national legislation of the adopters related to the approval of the adoption. [This requirement is met by the USCIS notice of approval of the form I-600A or I-600.]

10. Statement that the national legislation of the adopters does not provide for re-adoption or that the child shall not be given for adoption where the legislation permits re-adoption. [Because the United States has no such national legislation, a sworn statement or affidavit of the adopter(s) not to give the child up for re-adoption is accepted.]

11. All other adoption documents required by the national legislation of the adopters. [No additional documents are required for American citizens.]