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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.
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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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