The Kenyan Adoption Committee has requested that the United States government remind adoption service providers and prospective adoptive parents of Kenya’s strict prohibition against pre-selection of children by prospective adoptive parents. The Kenyan National Adoption Committee, Kenya’s Central Authority under the Hague Adoption Convention, is likely to reject dossiers and/or referrals for families that have pre-selected a child or have had prior contact of any kind with a specific child, the child’s guardian, or individuals with power to determine a child’s eligibility or placement for adoption. This could include, but would not be limited to, contact through mission trips, volunteering at orphanages, or other relationships with the prospective adoptee. The sole exception to this prohibition is when a prospective adoptive parent can prove a blood relationship with a prospective adoptee.

The U.S. Intercountry Adoption Act, which implements the Hague Adoption Convention in the United States, and the Department of Homeland Security’s Interim Hague regulations require disclosure in the home study of any information relevant to the prospective adoptive parents’ eligibility to adopt under the specific requirements of the child’s country of origin (See 8 CFR 204.311(q)). Prior contact between prospective adoptive parents or any additional adult member of the household and a Kenyan child’s parents, custodian or other individuals or entity responsible for the child’s care may be grounds for denial of the Form I-800 (See 8 CFR 204.309(b)(2)).

Adoption service providers and prospective adoptive parents who wish to know more about intercountry adoptions from Kenya can visit the Department of State’s page on adopting from Kenya and the U.S. Embassy in Nairobi’s website for more information.

U.S. Mission Kazakhstan has reported that President Nazarbayev signed into law the new Family and Marriage Code on December 26, 2011. The Ministry of Education now awaits government approval of its new policies to accredit agencies and process adoptions.

The Department will post information on the new accreditation process and the new adoption procedures on www.adoption.state.gov as soon as we receive it, and will confirm when the new Hague Convention adoption process is in place in Kazakhstan.

On November 3, 2010, a proposed bill that would place a moratorium on intercountry adoptions from countries without bilateral agreements, including the United States passed a first reading in the Ukrainian parliament. On December 7, the U.S. Embassy in Kyiv learned the proposed moratorium bill has been scheduled for a second reading during the upcoming plenary session on December 16. As the plenary session does have several important agenda items, this schedule may be subject to change

depending on the progress of each issue.

Additionally, the U.S. Embassy in Kyiv was informed that a slight, but possibly important, change was made to the text for the second reading. The bill originally stated, “intercountry adoptions will not be allowed for the citizens and permanent residents of the countries with which Ukraine does not have bilateral adoption agreements.” The change eliminates the word “bilateral,” which may allow the possibility of multilateral agreements, like the Hague Convention on Intercountry Adoption, to take the place of bilateral agreements.

The Ukrainian State Department for Adoptions (SDA) has indicated that adoption processing will be conducted as usual until mandated by a change in legislation.

The Department of State cannot predict the outcome of the second reading. However, the U.S. Embassy in Kyiv is active in encouraging its counterparts to consider the Hague Adoption Convention as the best means to address concerns in the adoption process and to safeguard cases in progress. The Embassy is monitoring the situation closely. Any prospective adoptive parents with cases currently open in Ukraine are encouraged to contact the U.S. Embassy Kyiv Adoption Unit. The Embassy maintains a listserv to communicate with U.S. citizen prospective adoptive parents and will use this to send updates as information is available.