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Citizenship Through International Adoption

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Citizenship Through International Adoption 6 Citizenship Through International Adoption Argentina • Australia • Brazil • Canada • China Costa Rica • France • Germany • India • Israel • Italy Japan • Mexico • Russian Federation • South Africa Sweden • Turkey • United Kingdom February 2021 LL File No. 2021-019773 LRA-D-PUB-002367 The Law Library of Congress, Global Legal Research Directorate (202) 707-5080 (phone) • (866) 550-0442 (fax) • [email protected] • http://www.law.gov Contents Comparative Summary ............................................................................................................................. 1 Map: Citizenship Following International Adoption ................................................................................... 6 Argentina..................................................................................................................................................... 7 Australia .................................................................................................................................................... 11 Brazil .......................................................................................................................................................... 27 Canada ....................................................................................................................................................... 38 China .......................................................................................................................................................... 49 Costa Rica .................................................................................................................................................. 54 France ......................................................................................................................................................... 60 Germany .................................................................................................................................................... 64 India ........................................................................................................................................................... 74 Israel ........................................................................................................................................................... 80 Italy ............................................................................................................................................................ 89 Japan .......................................................................................................................................................... 95 Mexico ...................................................................................................................................................... 101 Russian Federation................................................................................................................................. 104 South Africa ............................................................................................................................................ 113 Sweden .................................................................................................................................................... 122 Turkey ...................................................................................................................................................... 138 United Kingdom .................................................................................................................................... 144 Comparative Summary George Sadek Foreign Law Specialist I. Introduction This report surveys acquisition of citizenship through international adoption in 18 countries around the globe. It provides a general overview about the main legislative instruments governing international adoption and acquisition of citizenship in each of the surveyed countries. The report shows that, in most of the surveyed countries, citizenship laws are the main piece of legislation governing the acquisition of citizenship through intercountry adoption. However, adoption laws in Italy regulate the acquisition of citizenship of adopted foreign children. The report sheds light on the required process and procedures of adoption in the surveyed countries. In Brazil, Canada, Israel, Australia, Sweden, the United Kingdom (UK), Turkey, China, France, and Russia, the adoption process entails the release of the health and criminal records of the adoptive parents as well as their income to determine their eligibility to adopt children. Some of the surveyed countries obligate the adoptive parents to attain a certain age before they submit their adoption application. For instance, in Germany, Japan, and Israel, the adoptive parents must not be under the age of 25 years old. Canada and Sweden require a person not to be less than 18 years of age to adopt a child. While the prospective adopters in the UK must be over the age of 21, China requires the age of the adoptive parents not to be younger than 30 years old. In Turkey, adoptive parents must not be younger than 30 years old or be married for at least five years. In France, adoptive parents’ must not be younger than 28 years of age. In addition to the age requirement, countries impose other requirements. For example, Israel requires that the adopted child be of the same religion as the adoptive parents. The court will waive this requirement if it is satisfied that the adoption will not have an adverse effect on the child’s welfare. Brazil, Israel, and Sweden mandate a social and psychological assessment report of the adoptive parents. Sweden also requires an adoptive parent to register the adoption with the Tax Authority. Turkey stipulates that married couples may adopt if they have been married for at least five years. Russia prohibits adoption by unmarried or same-sex couples. II. International Adoption Australia, Israel, Italy, Brazil, Canada, Costa Rica, Mexico, Sweden, the UK, Germany, Turkey, South Africa, China, India, and France, which are members of the 1961 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention), align their domestic laws and procedures with the convention. Other countries, such Japan, Argentina, and Russia, which are not members of the Hague Adoption Convention, do not adhere to its provisions. Russia has signed the convention but not ratified it. Surveyed countries that are members of the Hague Adoption Convention are required to designate an entity to be “the Central Adoption Authority” (Central Authority). The main function of the Central Authority is to supervise the intercountry adoption process. In contrast, The Law Library of Congress 1 Citizenship Through International Adoption: Comparative Summary countries such as Argentina and Japan that are not members of the Hague Adoption Convention do not have a Central Authority and assign local courts to approve the international adoption process. Table 1: Hague Convention Countries and Nonmember Countries Australia, Brazil, Canada, China, Costa Countries with Central Adoption Rica, France, Germany, India, Israel, Authority under Hague Italy, Mexico, Sweden, South Africa, Convention: Turkey, United Kingdom Nonmember countries that use local courts to manage adoption Argentina, Japan procedures: Nonmember countries that use a government body to manage Russia adoption procedures: A variety of government agencies and bodies serve as the Central Authority in the Hague Adoption Convention’s member states. Those government agencies include the following: the Ministry of Labor, Social Affairs, and Social Services (Israel); the Ministry of Equal Opportunity and Family (Italy); the National Council of Adoptions (Costa Rica); the Family Law and Parental Support Authority (Sweden); the Department of Education (UK); the Directorate General of Child Services of the Ministry of Family, Labor, and Social Services (Turkey); the Department of Social Services (South Africa); the Ministry of Civil Affairs (China); the Ministry of Women & Child Development (India); and the Ministry of Foreign and European Affairs (France). Despite the fact that Russia has signed but not ratified the convention, it has assigned the Ministry of Education as the main governmental institution responsible for international adoptions. In Australia, Brazil, Canada, Mexico, and Germany, the Central Authority could be on both the federal and state levels. For instance, the Australian Department of Social Services performs the duties of the Central Authority on the federal level. There is also a Central Authority for each Australian state and territory, referred to as the State and Territory Central Authorities. Similarly, on the federal level, the Brazilian Central Federal Administrative Authority manages international adoptions with other countries. On the state level, the State Adoption Judiciary Commission in Brazil manages the adoption process in cooperation with the local district courts in the state. Concerning Canada, in addition to the Federal Central Authority, each Canadian province and territory has its own central adoption authority. In Mexico, two government bodies at the federal level comprise the Mexican Central Authority, and there is an adoption authority in each of the 31 states and Mexico City. In Germany, the Federal Office of Justice acts as the federal central adoption authority. On the state level, the central adoption authorities
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