Azerbaijan


 

Country Status

Azerbaijan is currently processing adoptions by US citizens on a LIMITED basis.  Only five families successfully completed adoptions from Azerbaijan in the fiscal year 2007.  The Department of State strongly urges families to consider the "likely difficulties and uncertainty" in beginning the adoption process with Azerbaijan at this time.  Please see the notices below for more information.

For a list of Joint Council agencies working in Azerbaijan, please consult our Country Programs page.
 

 

March 30, 2007-

The U.S. Department of State has released the following statement on adoptions from Azerbaijan:

The current procedures for processing international adoptions in Azerbaijan remain unclear due to recent changes in the governing legislation and responsible authority. In late December 2006, the adoption process in Azerbaijan essentially stopped due to the publication of amended laws meant to bring domestic legislation into conformity with the Hague Convention. In March 2007, the State Committee for Family, Women and Children’s Issues was named the new governing authority, replacing the State Adoption Commission. No further information on the Committee’s activities with respect to international adoption is available at this time. The procedure and timetable for completing already pending cases, i.e. those begun under the former legislative framework, is also not yet known. The Embassy has engaged the Azerbaijani government on this issue at all levels, and continues to seek clarification about the future of international adoptions given the recent legal changes.

Since the previous suspension of international adoptions in Azerbaijan in March 2004, the Embassy has consistently encouraged international adoption as a viable option when domestic adoption is not possible for an Azerbaijani child. Given the circumstances, however, the Department of State urges all U.S. citizens considering the possibility of adopting in Azerbaijan to weigh very carefully the current and past, serious and recurring difficulties. Although adoptions remain technically open, the future of international adoptions in Azerbaijan remains uncertain. A number of U.S. adoption service providers have decided already that the situation is in too much a state of flux for them to operate comfortably. The latest legislative changes have not improved the situation. There are not only no guarantees that adoptions will be achieved on a regular basis and in a transparent manner, but also no assurances that currently pending adoptions will be processed expeditiously.

 

February 9, 2006 -
The U.S. Department of State posted the following notice on its Important Notices website, thereby replacing the notice of April 29, 2005.
 

Azerbaijan Adoptions Resume but Slowly

Intercountry adoptions from Azerbaijan resumed in August 2005, after an April 2004 suspension in order to conduct an investigation into adoption practices.  To date, only three American families have completed adoptions.  Many families continue to face bureaucratic delays.

In November 2005, the Baku City Department of Health, a key player in the selection and referral of children in international adoptions, saw a complete turnover of personnel. As a result, many dossiers were, again, held up for an extended period of time and have still not been approved by that department.  In addition, during the transition from one administration to another, two children who already had referrals to American families were re-referred to Azerbaijani families. 

This year the Azerbaijani Parliament will consider a new law on international adoption. However, there are no drafts of the law available and the U.S. Embassy in Baku has not received any information on this new law.  The Embassy will continue to seek clarification from the Azerbaijani Government about the future of adoptions and encourage international adoption as a viable option when domestic adoption is not possible for an Azerbaijani child. 

At this time the Department of State urges all U.S. citizens thinking of adopting in Azerbaijan to consider very carefully the likely difficulties and uncertainty.  Although adoptions are technically open, a number of U.S. adoption service providers have decided the situation is in too much a state of flux for them to operate comfortably.  There are no guarantees that adoptions will be achieved on a regular basis and in a transparent manner.


April 29, 2005
The U.S. Department of State posted the following  notice on its Important Notices website.  JCICS will post any new information on this site as it becomes available.

The Government of Azerbaijan has effectively suspended intercountry adoptions pending implementation of new procedures.  The Azerbaijani Embassy in the U.S is not accepting new case files.   Implementation of these new procedures requires parliamentary approval, and it is unlikely that Azerbaijan’s parliament will do so before the current session of parliament ends June 1, 2005.  The next session of parliament begins in late November 2005. 

January 6, 2005
The U.S. Department of State recently sent this notification to prospective adoptive parents adopting from Azerbaijan.

Adoptions Moving Forward

In December 2004, the Government of Azerbaijan allowed 5 adoptions by American families to move to the courts for completions.  Although the highest levels of the Azerbaijani Government have assured U.S. Embassy that international adoptions will resume, official authorization has not yet been given.  The U.S. Embassy sent a diplomatic note, a type of formal inquiry, asking when adoptions will resume. 

Outreach Efforts

The U.S. Embassy met with Azerbaijani MP Gular Akhmedova to discuss her concerns about international adoptions. Embassy officials stressed the many protections that U.S. law affords children and the integrity of the U.S. adoption process.   MP Akhmedova praised aspects of the U.S. adoption process while still expressing concern over alleged abuses in Azerbaijan.

October 22, 2004 - The U.S. Department of State recently sent this notification to prospective adoptive parents adopting from Azerbaijan.  As we learn of new developments regarding international adoption in Azerbaijan we will update this site.

Dear Parents: Like you, the Office of Children's Issues is aware of reports that the Government of Azerbaijan has concluded its investigation into adoption practices and is now allowing adoptions to move forward.  We have asked the U.S. Embassy in Baku to verify with the Government of Azerbaijan whether this is true.  We will send out an update when we received clarification.

Sincerely,

Office of Children's Issues
Bureau of Consular Affairs
U.S. Department of State

October 4, 2004 - JCICS met with U.S. Department of State officials last week and among the topics discussed included Azerbaijan's temporary suspension of international adoptions.  The Department of State has been informed that the investigations are still on-going and no date has been communicated as to when adoptions will resume.  The investigations are impacting both international and domestic adoptions and are not believed to be related to any actions by U.S. agencies.  There are approximately sixteen pending cases by U.S. citizens and 200 pending domestic cases.  The U.S. government has been advocating for the processing of pending cases and has met with many high level officials in the Azerbaijani government.  As JCICS learns of new information, we will post it to our website. 

September 14, 2004 - To date we have not heard that Azerbaijan has lifted the temporary suspension and we have not received a response from our letter sent to the Vice-Prime Minister. We assume that the investigation is continuing but we are seeking clarification and we will continue to advocate for pending cases to be processed and a speedy resolution to the investigation.

June 30, 2004 - Joint Council sent a letter to the Vice-Prime Minister Elchin Efendiyev in Azerbaijan outlining our concern for the waiting children during this extended investigation.  It is our understanding that the investigation has been extended until September 2004.  JCICS is advocating for pending cases to be processed concurrent to the ongoing investigation. In addition to the Vice-Prime Minister, JCICS sent communication to the United States Ambassador in Azerbaijan, along with a consular officer and an Azerbaijani NGO. For a copy of the letter, click here.

May 21, 2004 - The Prosecutor’s Office notified the Embassy on May 20, it has extended its suspension of adoption by 30 days.  The U.S. Department of State has updated their notice on the adoption suspension.

Azerbaijan Suspends Adoptions, May 5, 2004

The Prosecutor's Office of the Republic of Azerbaijan has informed the U.S. Embassy in Baku that they have put a temporary hold on adoptions pending the results of an ongoing investigation, which they expect to conclude in the very near future. They have not provided a specific timetable, or speculated on what the results of the investigation will be. The Embassy will continue to press Azerbaijani officials for a swift resolution to the investigation.

The Embassy continues to remain intensely engaged with the Government of Azerbaijan about international adoption. Embassy officials have urged the Deputy Foreign Minister, Adoption Commission Officials, the Prosecutor's Office, and members of Parliament for a swift resolution of all pending cases, stressing that delays are not in the best interests of children and their waiting families.

Adoptive families who have accepted a referral of an Azerbaijani orphan are asked to contact the Office of Children’s Issues at askci@state.gov


For more information on Azerbaijan adoptions, click here for the Department of State's information flyer.

 

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