Russian Judicial Assistence

Russia in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): Q: How will the Agreement affect U.S. adoption agencies' ability to work in Russia? This Agreement will add no additional authorization requirements under U.S. domestic law. However, under the Agreement, only adoption agencies that are specifically authorized by Russia will be permitted to provide services in adoptions to or from Russia. The Department has agreed to provide the Russian Ministry of Education with the list of U.S. adoption service providers accredited or approved in the United States to provide services under The Hague Convention. The Ministry may, at its discretion, decide to grant requests for authorization only to U.S. adoption service providers who have obtained such accreditation or approval, and may not necessarily authorize all of the organizations on the list provided.

Russian authorization of adoption organizations

More about Russia

Adoption agencies must apply to the Russian Ministry of Education and meet the criteria established by Russia to be authorized to operate in Russia. The U.S. Department of State will publish the specific authorization criteria on (internet link) adoption.state.gov once they become available. Adoption service providers will have 60 days following the Agreement's entry into force to submit the required information in order to continue to provide services in adoptions from Russia. The Ministry must make a decision about an adoption service provider's continued authorization in Russia within 30 days of receiving the required information.

Adoption service providers seeking authorization to operate in Russia for the first time will be able to submit an application at any point after the Agreement's entry into force. The Ministry must make a decision about the new provider's authorization request within 60 days of receiving the application.

Adoption service providers that do not meet the selection deadline The Ministry has confirmed that any adoption agencies currently operating in Russia that do not submit the required documentation for authorization under the Agreement within the required 60-day timeframe after the Agreement's entry into force will be allowed to apply for re-authorization after one year.

Developments

Q: Does the Agreement impose any new or more stringent responsibilities on adoption agencies? Adoption service providers authorized to operate in Russia will need to meet requirements established by the Russian Ministry of Education or by Russian law in order to obtain and retain authorization to provide services in intercountry adoptions from Russia. The Agreement lays out several new or expanded requirements for receiving and maintaining authorization that may be imposed on adoption service providers. Adoption service providers may be required to submit documentation assuring that they will comply with certain requirements including the following:

Post-adoption requirements • To inform prospective adoptive parents of Russia's adoption procedures and post-adoption reporting requirements. If the authorized organization assists with a subsequent dissolution and/or placement of a child with another family, the authorized organization must also inform the new prospective adoptive parents of the Russian procedures and post-adoption reporting requirements.

• To monitor the living conditions and upbringing of adopted children as instructed by Russia. The monitoring would have to be carried out at the family's home by the authorized organization's social worker, or by another social worker or organization licensed to evaluate the home.

• To provide periodic reports following an intercountry adoption to the Russian authorities. The reports would have to contain reliable information about the child's psychological and physical development and adaptation to his/her new life.

• To confirm an adopted child's lawful entry into the United States and the child's acquisition of U.S. citizenship.

Details

Adoption disruption and dissolution requirements • To notify Russian authorities and the U.S. Department of State's Office of Children's Issues as soon as reasonably possible if a case in which it provided services (even cases facilitated before the Agreement entered into force) is pending dissolution or has dissolved. The notification may need to include information on any proposed placement or new adoptive family, the expected (or completed) timeframe for the U.S. court's decision (or any decisions reached by the U.S. court). At the same time, for cases still pending a court decision, the authorized organization may be required to request the consent or non-consent of the Russian authorities to the proposed re-adoption, and if a statement is provided by the Russian authorities before the re-adoption decision is made by the court, present the Russian consent or non-consent information to the court for its consideration.

Authorized organization requirements • To notify the Russian authorities and transfer any pending cases or post-adoption reporting responsibilities to another authorized organization in the event that an authorized organization chooses to cease operating in Russia.

More about the Issue

Q: What if my case started before entry into force? Prospective adoptive parent(s) initiating an adoption prior to the Agreement's entry into force will be able to complete the process under the current (pre-Agreement) procedures. Cases will be considered initiated if the prospective adoptive parents have registered their documents to adopt in Russia prior to entry into force. Q: Is any part of the Agreement effective retroactively? The Agreement does not apply retroactively. Under the Agreement, Russia may impose requirements on adoption agencies regarding the disruption or dissolution of an adoption that took place prior to entry into force of the Agreement. For example, an authorized organization may be required to report a disruption or dissolution as soon as reasonably possible after it discovers that a case may, or has, been terminated, regardless of when the intercountry adoption was completed.

Resources

See Also

• Consular Assistence
• Judicial Assistece
• Children
• Adoption
• Russia