Before anything else, there are a few basic concepts that are very important to know:

1. TIMELINE: Bulgaria has only just recently gotten the ball rolling again as far as Inter-Country adoptions. Even in the best of times in the mid-1990s no one could ever predict how long the proceedure would take from family to family, month to month. You must be very aware that AT THIS TIME things are still moving slowly.
   • There was a HUGE backlog of waiting parents to sort out, some families were waiting for longer than three-four years, and more and more families from all over the world being added to the list every day!! The backlog is almost eliminated so perhaps in the next year we can get a sense of the actual timeline.
   • There is an emphasis on finding homes for the older waiting children first, before they age out of the system, and 5-6 year olds before they graduate to the school-aged orphanages.
   • There is also a priority of finding homes for children with special needs. These needs may be significant (Downs Syndrome, blindness, various diseases, children needing surgery, etc.), but also may be something one might consider relatively minor or correctable (child of a schizophrenic parent, cleft lip, cross-eyed, etc.).
   • Historically, anytime there has been any hint of change in Bulgaria - elections, political turnover, new procedures or laws, a change in international opinion, etc. - all adoption movement slows down. Even though things ARE finally moving again right now, there could be more delays crop up from time to time.
   • If your understanding is that your wait will be less than one to two years, please question this with your agency.
   • Referrals for young "healthy" children is the slowest category. New emphasis is being put on encouraging adoptions within the country, and so more Bulgarians are waiting to adopt "healthy" young children than ever before and there is a waiting list of Bulgarian families that want to adopt "healthy" young children up to the age of 2.
   • Traditionally, in the past, there were many children of "healthy" Romani (gypsy) and Turkish heritage united with families who adopted internationally from Bulgaria. The Bulgarian government is saying that this is no longer true, that there is no evidence that there high numbers of Roma or Turkish children on the list of children waiting for families. Officials have stated that many times the Bulgarian Romani community cares for these children if the birth family cannot.
   • The MOJ is encouraging the Social Home Directors to register young healthy children quickly, but it takes time to get the proceedure well coordinated. Factors are complex and as varied as the setting of each orphanage. Historically hesitancey has been due to a lack of understanding of the process, suspicion of foreigners and their motives in adoption, a desire to encourage local adoptions, fear that losing children through adoption will result in closing the "Homes" and loss of jobs for the staff.
   • How long will a family that submits a dossier expect to wait for a "very young, healthy child"? At this point there is no way anyone (agency or Bulgarian official) can give you an accurate timeline. They seem to be working as best they can.
   
   

2. AGE OF CHILDREN: At this point it is not looking realistic that any non-Bulgarian family would be able to adopt a healthy infant under the age of one year (and realistically probably not under the age of two years) from Bulgaria, unless the child has some special needs or is part of a sibling group being adopted together. At least not at present. Even "healthy" children under the age of 3 or 4 are a rarity at present.
   

3. SPECIAL NEEDS OF THE CHILDREN WHO DO NOT HAVE SPECIAL NEEDS.
   • Dr. Dana Johnson (University of Minnesota International Adoption Clinic) says that "the chance that a child adopted from an orphanage will be completely normal (whatever that means) when she first arrives home is essentially zero". http://www.comeunity.com/adoption/health/adoption-orphanage-development.html
   • It is a fact that the longer a child has been being raised in an institution, the greater the risk of delays in that child, and the longer it will take to deal with those delays when united with their new families.
   • Most of the children will arrive in their new homes with situational global delays (fine and gross motor, cognitive, social, speech & language, etc.) that usually resolve, at least to some extent, with the help of a loving family, adequate nourishment, consistency of care, appropriate therapy, assessment of issues, counseling, education, physical exercise, etc..
   • However, many of the children adopted from Bulgaria, especially those over the age of 4 or 5, have had a range of unexpected more serious and permanent problems ranging from mild Learning Disabilities to Pervasive Developmental Delay or even Autism.
   • Attention, Sensory Integration, Auditory Processing, Post Traumatic Stress, Grief, Depressive, Self-Esteem, Abuse, and Attachment issues are very common in these kids. Many of these problems are not simple, and can be life-long issues.
   • Many of these kids have developed coping strategies that often do not fit well in a family situation - from aggressive responses to withdrawal.
   • It has historically been the case that children listed with "Special Needs" vary greatly. It has been said that some Social Home Directors know that there is more funding for "Special Needs" children, so they may exagerate a child's needs. Therefore some of the children on the "Special Needs" list may turn out to have relitively minor needs, while others have very significant needs.
   
   

4. BE PREPARED. Our kids do not come as blank slates. Institutionalization is rough on a child, even the young ones. Be well versed in the issues that you and your child will probably face together.
   • Have photos and/or video of the child evaluated by a competant Interenational Adoption Physician.
   • Research information on post-institutionalization issues. There is a myriad of information on the Internet, and through most adoption support groups.
   • Join a support group, even at this early stage. You can ask questions of and meet families who have been through it. There are many Bulgarian and International Adoption e-groups and lists on-line, as well as person-to-person meetings in many areas. FRUA, INC (Families for Russian & Ukrainian Adoption, Including Neighboring Countries) has chapters in many states. http://frua.org/ Also see the Support Groups section of this website.
   
   

5. CHOOSE YOUR AGENCY WELL. Investigate you agency thoroughly. Spend a couple of months researching agencies on the Internet, in support groups, in adoption publications, etc. When you find an agency you are interested in, attend one of their informational meetings. It is important to spend the time choosing, then you will be able to make that frightening leaf-of-faith with your agency knowing that you trust them.
   

   See the Adoption Agencies section of this website for further information, links, and ideas on how to select an agency.
   

6. ASK YOUR AGENCY QUESTIONS.
   • How much experience does the agency have with foreign adoption?
   • How long has the agency been in business at the current location?
   • What support groups are available? Does the agency hold informational meetings and adoption education classes? Are there waiting parents groups or classes?
   • How many children did the agency place in the last year? How many were placed through the Bulgaria program? How old were the children?
   • What foreign contact was used? Does the agency have more than one avenue to pursue?
   • How many families are currently going through the process? (More does not necessarily mean better.) How many families have actually completed the process?
   • How long has the process been taking from start to finish? What is the time frame projection for adoptions from Bulgaria that are beginning right now?
   • What happens if a referral falls through? How long do you have to make a decision once you receive the referral? What happens if you meet the child and you discover that you are not comfortable?
   • What is the agency responsible for and what is expected of you?
   • What are the fees? When are they due?
   • Ask what type of medical information (and how much) is given to prospective parents. Can the agency ask the "Social Home" questions about medical concerns upon receipt of the medical report?
   • Ask what type of other information is given about the child and whether they give photos and/or videos of the child. If they take videos, what do they look for when filming a child?
   • Does this agency sponsor a "Baba" or similar program in Bulgarian "Social Homes"? Is it possible to set up such a program for your child once you have been assigned?
   • Ask each agency for several references of families that have completed an adoption through their agency, look for at least one family that has completed an adoption from Bulgaria within the past year. Also ask if there are any local families. IMPORTANT: Actually do CALL the references!!! Ask them all the questions you can think about related to their experiences with the agency, and their adoption.
   
   

7. Check out the following websites for additional advice:
   • Choosing an Adoption Agency: http://www.theadoptionguide.com/process/articles/choosing-an-adoption-agency
   • Adoption Agency Ratings: http://www.adoptionagencyratings.com/
   • Adoption Agency Checklist: http://www.adoptionagencychecklist.com/page651.html
   • Choosing a Provider: http://www.ethicanet.org/item.php?recordid=chooseprovider&pagestyle=default
   • How to Hire an Adoption Agency http://www.ehow.com/how_109418_hire-adoption-agency.html
   • Choosing an Agency: http://www.karensadoptionlinks.com/agency.html
   • Selecting an International Adoption Professional: http://international.adoption.com/foreign/selecting-an-international-adoption-professional.html
   • Steps to an Adoption: http://adopting.adoption.com/child/steps-to-an-adoption.html
   • Agency Questions: http://www.theadoptionguide.com/files/AgencyQuestions.pdf
   • How to Interview an Adoption Agency: http://www.comeunity.com/adoption/how/interviewing.html
   • Questions to ask adoption agencies: http://kazakhadoptivefamilies.com/questions.html
     

8. DEVELOP A RESPECT AND APPRECIATION FOR THIS UNIQUE AND WONDERFUL CULTURE. You are asking Bulgaria to place her valuable children in your care. Learn a little about this great culture and country.
   • Learn enough of the Bulgarian language to greet others, inquire as to their health, express gratitude, etc.
   • Learn about the beauty of the Valley of the Roses, the antiquity of the Rotunda Sveti Georgi, the history of Veliko Tarnovo.
   • Eat some of the delicious food. Yogurt was invented here. Nothing can match the freshness of Shopska Salada. Try fresh hylab, savory guyvetch, grilled kebapche, banitsa fresh out of the oven, refreshing tarator, and yummy sirine.
   • Get to know the warmth of the Bulgarian people.
   • Plan to share this love of the country with your child.
   
   

9. LEAP OF FAITH. Once you have researched the agencies, gotten as much information as you can, gotten as much feedback as you can - once you have settled on an agency and the program - THEN GO FOR IT!
   • There will be lots to do in the beginning.
   • Then you must be resigned to settle in for a good long wait. There will be nothing you can do to hurry it along. Attmepts to intervene with political power, excessive phone calls or letters do not result in speeding things along. Sometimes these tactics can result in slowing things down.
   • You have to take that leap of faith, and then lean back and be patient.
   
   

10. Adoption from Bulgaria is not for the faint of heart.
    

11. It is not for the impatient.
    

12. It is not for anyone looking for the easy way. No, this is certainly never going to be the easy way.

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    KEY PLAYERS IN BULGARIAN INTER-COUNTRY ADOPTIONS
    

    MINISTER MARGARITA POPOVA. Minister of Justice of Bulgaria 2009.
    

    DEPUTY MINISTER DANIELA MASHEVA, CHAIRMAN OF THE COUNCIL ON INTERNATIONAL ADOPTIONS OF BULGARIA. Appointed 2009.
    

    MINISTER MIGLENA TACHEVA. Minister of Justice of Bulgaria 2007 - 2009.
    

    DEPUTY MINISTER ILONKA RAICHINOVA. Bulgarians call her ‘The Angel’. Deputy Minister of Justice, Directory of the State Administration and Administrative Reform. Appointed by Minister Tacheva at the end of 2007 - 2009.
    

    GEORGI PETKANOV. Minister of Justice who resigned in the spring of 2007, citing personal reasons.
    

    ANTOANETA KALAUZKA. Director of “International Legal Child Protection and Intercountry Adoptions” dismissed August, 2007 by Minister Tacheva for non-execution of duties. One of the main reasons for her dismissal was the artificial hold of the adoption procedures. Minister Tacheva officially stated that there is no such requirement from the European Commission or a political reason for the decreased number of adoption procedures and it is "intolerable" that the adoptions are limited in numbers to far fewer than the number of waiting children.
    

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    Please note: Bulgarian adoption proceedures and regulations can be an ever-changing process. The following is only meant to be a guideline. Things may change at any time and make the following less than current.
    

    For the latest information PLEASE contact your agency!
    

    
    

    Here is the "Criteria used when considering the applications of prospective adoptive parents, entered in the register in accordance with Art. 136a, Paragraph 2(7)b". http://www.mjeli.government.bg/structure_files/Docs/Criteria.doc
    

    Here is the most current Family Code of Bulgaria, with requirements for foreign adoption from Bulgaria. http://www.mjeli.government.bg/structure_files/Docs/family%20code.doc
    

    Here is the most current Bulgarian Ordinance #3 with more information for foreign adoption from Bulgaria http://www.mjeli.government.bg/structure_files/Docs/ADOPTION%20ENGL.DOC
    

    SOURCES OF INFORMATION:
    

    website: http://adoption.state.gov/country/bulgaria.html
    US State Department-Bulgaria
    

    http://bulgaria.adoption.com/ is a good, general overview of the international adoption program in Bulgaria. This site includes travel information, as well as links to other sources.
    

    http://www.adoption.org/adopt/adoption-from-bulgaria.php provides links to other adoption sites, including discussion forums, agencies, and information specific to adopting from Bulgaria.
    

    http://www.adopting.org/adoptions/international-adoption-adopting-from-bulgaria.html provides links to other resources, including families who have adopted from Bulgaria and American agencies working in Bulgaria. http://www.bulgarianadoption.com/ provides some good information about the history and culture of Bulgaria, as well as an overview of requirements for adopting families.
    

    The address for the Bulgarian Embassy is:
    Embassy of the Republic of Bulgaria
    1621 22nd Street N.W.
    Washington, D.C. 20008
    tel: (202) 387-7969 fax: (202) 234-7973
    website: http://www.webhousing.biz/~bulgaria/
    email: Email consulate@bulgaria-embassy.org
    

    Bulgarian Consulate in Los Angeles:
    11766 Wilshire Blvd.
    suite 440
    Los Angeles, CA 90025
    Tel: (310) 478 6700 Fax: (310) 478 6277
    

    Bulgarian Consulate General in New York City:
    121 East 62 Street
    New York, NY 10021
    Tel: (212) 935 4646
    Fax: (212) 319 5955
    e-mail: Email consul@consulbulgaria-ny.org
    

    Bulgarian Consulate General of Bulgaria in Chicago:
    737 North Michigan Ave., suite 2105
    Chicago, IL 60611
    Tel: (312) 867 1904, (312) 867 1905;
    Fax: (312) 867 1906
    email: Email genconsbul@sbcglobal.net or Email consul@bgconsulchicago.net
    web site: http://www.bgconsulchicago.net/
    

    The address of the U.S. Embassy in Bulgaria is:
    U.S. Embassy Citizen Services
    16, Kozyak Street
    Sofia 1407, Bulgaria
    Telephone: Monday through Friday, +359 2 937 5100
    Fax number: +359 2 937 5320
    website: http://bulgaria.usembassy.gov
    email: Email acs_sofia@state.gov
    

    1994-1995 OFFICIAL GUIDE TO ADOPTIONS IN EASTERN EUROPE by David Livianu, Vol. 1, Adoption Laws and Orphanages, pp. 442-447, 472-476
    

    the Office of Children's Issues
    U.S. Department of State
    SA-29
    C Street, NW.
    Washington, D.C. 20520-4818
    telephone 888-407-4747; 202-501-4444
    E-mail: Email AskCI@state.gov
    

    Formal stand of the Bulgarian Central Authority for intercountry adoption, in accordance with the legislation in force and the recommendations of the European Institutions
    http://www.mjeli.government.bg/structure_files/Docs/FormalStand.doc
    

    Recorded information concerning significant changes in adoption procedures is available 24 hours a day at: (202) 736-7000, or by automated fax (calling from the telephone on your fax machine) at (202) 647-3000.
    

    Information on immigrant visas is available from the State Department's Visa Office, at (202) 663-1225.
    

    Application forms and petitions for immigrant visas are available from the U.S. Immigration and Naturalization Service, the nearest office of which is listed in the federal pages of your telephone book, under U.S. Department of Justice.
    

    Consular Information Sheets and Travel Warnings may be heard 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225 from a touch-tone telephone
    

    the Consular Affairs Bulletin Board (CABB). This service is free of charge, and may be reached at: (202) 647-9225.
    

    
    

    
    

    
    

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    THE CHILDREN

    
    

    • Children who are waiting on the registration lists are usually between the ages of 12 months and 16 years. New regulations may pave the way for children as young as 6 months to be on the waiting list, but available children that young will will probably be very rare.
    • Boys and girls are waiting. Historically there have been more boys available for adoption from Bulgaria than girls.
    • Historically, the highest number of children adopted from Bulgaria are of Romany/Roma (Gypsy) heritage. These children can be very Eastern Indian in appearance, with dark skin, hair, & eyes. Many of these Romany children have suffered poverty, lack of education, poor nutrition, illness, racial prejudice, physical, verbal, and sexual abuse.
    • Quite a few chldren of Turkish heritage have also been adopted from Bulgaria. These children frequently have olive skin, with very dark brown hair and eyes. Many ethnic Turkish children have also suffered from negative racial prejudices.
    • Some ethnic Bulgarian children are waitiing for families. Ethnic Bulgarians have a mix of Slavic, Bulgar, and Thracian heritage. They usually have olive skin, brown or hazel eyes, and brown hair.
    • There have also been a few children of Asian and African descent who have been adopted from Bulgaria.
    • Parents may specify both an age range and gender preference of the child they wish to adopt. However, historically the more flexible a family can be, the quicker a match may be found.
    • Children become available for adoption most frequently due to the following reasons: poverty in the birth family, teenage pregnancy, parental rights teminated due to abuse or neglect, or the child is orphaned.
    
    

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    BASICALLY HOW IT WORKS, AT LEAST AT THE TIME OF THIS WRITING - March 8, 2009
    

    
    

    Prospective adoptive parents must first contact an accredited adoption service provider in the United States or Bulgaria. Only those adoption service providers who have been accredited, temporarily accredited, or approved by either the Council on Accreditation or the Colorado Department of Human Services will be able to provide adoption services for Hague adoption cases.
    

    The new form for initiating an intercountry adoption is called I-800A. This form is used to determine suitability of the prospective adoptive parents. All cases must begin with the processing of I-800A. The prospective adoptive parents must file I-800A with the domestic USCS office having jurisdiction over their usual place of residence.
    

    
    

    
    

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    FAMILY CODE
    

    THE BULGARIAN FAMILY CODE, REGULATIONS REGARDING THE ADOPTION OF ORPHANS, ISSUED BY THE MINISTRY OF JUSTICE
    The Bulgarian Family Code is the main document in Bulgarian law that regulates adoptions, both for Bulgarian citizens living in Bulgaria and foreigners. This is more of a “ruling” than an iron clad commandment. It was often a guildeline to be interpreted, sometimes on a "case-by-case" basis by the courts. The first version was issued by the Ministry of Justice in 1992 and describes all the requirements and procedures to be followed for a foreign adoption to take place.
    

    Most adoption agencies, if asked, should be able to provide a copy of the most current adoption law, if available.
    

    Beginning in 2003 the regional directorates for social assistance keep registers of children who can be adopted under the conditions of full adoption. Applicant families must meet many requirements to be added to the list of waiting parents for international adoption in Bulgaria.
    

    There is an Adoption Council for each regional directorate for social assistance. The Adoption Council's job is to pair the children from the register with an eligible adoptive parent taking into consideration the order of entry in the register, qualities, whether he/she has not been nominated for eligible adoptive parent of another child and whether he/she has not filed application for adoption within the time-limits, as well as other circumstances of importance for the adoption.
    

    The Council attempts to pair the children with Bulgarian waiting parents. The prospective parents have a month and a half to file an application for adoption before the court. If this is not done, the Council will nominate another prospective adoptive parent. If, within 6 months from the entry of the child in the register at least three potential Bulgarian adopters have failed to file an application for adoption or if no eligible prospective adoptive parent has been nominated, the Council notifies the Council of Intercountry Adoptions within the Ministry of Justice to nominate an eligible foreign candidate adopter. The adoption shall be admitted only if it is to the interest of the person to be adopted.
    

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    DOCUMENTS REQUIRED FOR DOSSIER FOR A FOREIGNER TO ADOPT A CHILD FROM BULGARIA
    When foreign citizens apply to adopt Bulgarian orphans there is a pre-adoption approval required from the Office of the Minister of Justice of Bulgaria. The adoptive parents are to submit an application to the Minister of Justice requesting his consent to adopt a specific Bulgarian child. Attached to the application there should be proofs that the adoption is in the child’s interest, as well as information about the adoptive parents in the form of a dossier. Together with the prospective adoptive parents’ request, the following documents must be submitted to the orphan section of the office of the Ministry of Justice. All the documents should be legalized with an apostille.
    

    The forms, documents, and letters required for adoption by a foreigner are numerous, extensive, and are very specific. Things change in mid-stride. It is very easy to miss a step, or word things wrong. This is where your Adoption Agency can help you step by step so nothing gets missed.
    

    Click here for an example of how the medical forms must be worded: http://www.mjeli.government.bg/structure_files/Docs/Medical_EN.doc
    

    Letters from various professionals are required (IE: an internationally an accredited physician and psychiatrist, law enforcement agencies, etc) that need to cover very specific issues and be worded very exactly. Detailed proof of financial worth is required. Various certified vital statistic certificates must be provided. Several recommendations must also be included. The specific ingredients of the dossier change from time to time and new documents may need to be obtained farther down the road. Most documents are time limited and may need to be renewed/redone if the wait is long. Most of these documents need to be notarized, apostled, translated into Bulgarian, and approved. There are fees involved at almost every step of the way in the documentation process.
    

    An Adoptive Home Study of the social welfare service at the local administration at the place of residence or a report of a foreign organization authorized to mediate in adoptions by the respective government agency is needed. The adoptive home study must be prepared by an authorized adoption agency. The report shall provide details about the adopters.
    

    After the determination of a foreign adoptive parent, the Intercountry Adoptions Directorate will draw up a report on the child. The report shall be forwarded to the central authority of the receiving State Party to the Convention, and to the accredited body accordingly, and shall be accompanied by a full-length photograph of the child and, where necessary, also by video recordings and other materials about the child.
    

    Within two months from receipt of the report, the accredited body shall forward to the Ministry of Justice notice of consent or dissent to proceed with the adoption (Art. 11) together with a written application signed by the prospective adoptive parent and including a statement of consent to adopt the child in question, a statement that the prospective adoptive parent is aware of the health status of the child and has been informed about the effects of adoption, a statement that a contact has been established with the child, as well as consent for judicial proceedings to be launched.
    

    After receiving the Minister’s consent the adoptive parents apply to the First Regional Court in Sofia which is supposed to assess all gathered proofs and to pronounce itself on the application for adoption. The adoption hearing is carried out at the Sofia District Courthouse.
    

    During this period the prospective adoptive parent must establish with the child a personal contact of at least five-day duration.
    

    After the required documents are provided, the Intercountry Adoptions Directorate shall draw up a proposal to the Minister of Justice for giving an explicit written consent for the adoption. Within 3 days from the issuance of the written consent, the Ministry of Justice shall duly forward the file to the court.
    

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    THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION
    

    Because Bulgaria is a party to the Hague Convention, it must follow the procedures outlined by the Convention, and its U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA). Adoption services must be provided by an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider (accredited adoption service providers).
    

    The US signed the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention)convention in 1994 and finally ratified it on Apirl 1, 2008.
    

    It is essential that prospective US adoptive parent(s) seeking to adopt from Bulgaria use an accredited adoption service provider. The US Department of State maintains a current list of accredited adoption service providers. The list of accredited adoption service providers is also provided on the website of the Hague Permanent Bureau at http://www.hcch.net Homestudy agencies also need to be approved to work under the Hague Convention.
    

    The Hague Adoption Convention protects children and their families against the risks of unregulated adoptions abroad, and ensures that intercountry adoptions are in the best interests of children. The Convention also serves to prevent the abduction, sale of, or traffic in children. The goal is to standardize adoption requirements, allay fears that internationally adopted children are being treated as servants or otherwise misused, and improve the process by which a child can gain a permanent family.
    

    Re-adoption in the US is no longer necessary because the adoption will be finalized overseas. Naturalization and citizenship are now automatic when families arrive in the United States when adoptions are finalized in Bulgaria.
    

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    HISTORY OF BULGARIAN ADOPTION LAWS
    

    
    UN 1989 CONVENTION FOR THE RIGHTS OF THE CHILD
    Bulgaria signed and ratified the UN 1989 Convention for the Rights of the Child. Bulgarian adoption law and all the procedures accept the fact that priority is always given to Bulgarian families [according to the UN’s Convention on Children’s Rights] and only after there is clear evidence that Bulgarian families have refused to adopt a particular child can that child be placed for inter-country adoption.
    

    INTERNATIONAL ADOPTIONS BEGAN IN 1990 IN BULGARIA
    Inter-country adoption procedures in Bulgaria have been revised several times since they were allowed in 1990.
    

    In the early years, the Ministries of Health, Education and Labor and Social Care merely issued standard instructions to their orphanages allowing local directors to make their own decisions and recommendations regarding abandonment and adoption procedures.
    

    Any orphan left to be brought up in a state institution whose parents had given a preliminary consent to an adoption, or whose parents were unknown or missing were at the mercy of the Director of the institution to give his/her consent to the adoption (Article 54, paragraph 3). Such institutions included hospitals, orphanages, and maternity homes. Some Directors were supportive of adoptions and worked hard at getting the proper releases and paperwork, and finding appropriate families for the children. Some Directors did not permit international adoptions, and foreign waiting families were not even allowed on the grounds of such institutions.
    

    According to Dr. Milev of Bulgaria there were too many orphanage officials who were not doing their job properly to help the children. Explanations from some orphanage directors for not clarifying the child’s status as available for adoption ranged from apathy to deceit. There was a tendency on the part of some officials to see the disabled, ill, or child of an ethnic minority as unadoptable. They sometimes felt that they were too busy, or didn’t have the staff to see to the legwork of adoption. Some felt that the children were happy in orphanages. Some were reluctant to begin the process of declaring a child abandoned (which could take from six months to one year) until a prospective parent was identified.
    

    There were serious deficiencies and discrepancies in the original Bulgarian adoption law. There was not a clear judicial time frame when the biological parents’ rights should be suspended/terminated, for reasons of abandonment and negligence. There was not enough supervision from the courts on the guardianship/orphanage institutions to expedite abandonment procedures for social orphans who languished for years in a legal quagmire/limbo, without the possibility of being placed for adoption. A 6 month time limit for parental rights termination was approved.
    

    The original adoption ordinance of 1992 provided that no approval of the adoption shall be given where the family of the adopters has another adopted or biological child. (Adoption Ordinance #17, Chapter 3, Article 9). A supplemental alteration provided that this shall not apply in cases when particular humanitarian arguments make it necessary for the adoption to be allowed and this is the only possibility for an adoption of the child.
    

    When Article 9 was enacted letters poured into the Embassy in Washington DC and to the Ambassador in Bulgaria, who met with the Ministries. A "case by case" system was developed whereby they would review and on an exception basis approve adoptions by families with other children.
    

    The actual interpretation and enactment of Article 9 varied widely. In some cases families with other children were not able able to adopt, expect in cases of severe handicaps. Other cases proceeded without a hitch. Many families who had previously adopted from Bulgaria did not seem to be hindered by Article 9.
    

    If a particular child was turned down by many Bulgarian families, he or she sometimes was able to be adopted by a family with other children despite Article 9. The required number of families refusing to adopt the child depended, in part it seems, on how healthy and young the child was. There were cases where the Minister of Justice required nine refusals.
    

    Ethnicity sometimes influenced the decision of the Minister of Justice indirectly. Many Bulgarians are reluctant to adopt a child of a minority origin. More Bulgarian families would turn down such a child, therefore making it easier for the lawyer to build a case for international adoption despite Article 9.
    

    Sometimes the Ministry of Health requested a letter from the orphanage director recommending the adoptive parents and explaining why they should be his parents if they already have other children. Rejections could be appealed, and while it was not easy, there were many precedents. It could depend upon the attorneys and experience of the people working with the particular case.
    

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    BNR Radio
    Radio Bulgaria
    

    Life in Bulgaria
    

    Published on March 09, 2008 at 7:12 AM BG
    Updated on March 10, 2008 at 11:14 AM BG
    

    International adoptions – chance for children in social homes in Bulgaria
    

    Their fate is a lot different from that of children with a home and a family. They have to call the auntie working in the social home “mummy”, and their siblings are the other kids in the institution. If lucky enough these orphans are adopted and given a family and a home. Grown up kids, such from ethnic minorities and handicapped ones, however, stand very little chances of being placed in foster families.
    

    The Bulgarian adopters largely seem to prefer to become parents of physically healthy children of Bulgarian origin, who are below 3 years of age. There are very few exceptions, these being foreign nationals mostly, who sometimes decide to adopt children of Gypsy origin, or such badly needing medical treatment.
    

    According to the recent changes to the family code of 2003 foreigners shall be able to adopt abandoned Bulgarian kids provided they have turned one year and three Bulgarian prospective adopters have refused to take them. Parallel with that the ministry of justice decided to compile a register of children turned down for adoption by Bulgarian nationals, as well as such of prospective adopters from abroad. A council on international adoptions was also compiled, on which representatives of the health ministry, science and education ministry and labour and social policy ministry will be sitting, as well as such of the state agency for child protection, the foreign office and the justice ministry. Here is more from the chairperson of the council Ilonka Raichinova:
    

    “Our council first comes up with a suggestion, having discussed the child’s status and the features of the would-be adoptive parent,” Mrs Raichinova explains. “A shortlist of prospective adopters is compiled, and the council brings it for approval to the minister of justice, who has to endorse it in case he finds that all rights and interests of the child have been observed. A total of 1 324 kids have so far been entered in the register for international adoption. Quite many files arrive, lacking certain law requisites and required documents – medical certificates, social reports, etc, and this is a major stumble-block, which is a lot time consuming and hampers the effective process of adoption.”
    

    The oldest youngsters entered in the register for international adoptions out of the total of 1 300 will soon turn 18, and after becoming adults will have to take their life in their own hands. There are, occasionally, lucky sets of circumstances favouring grown up kids, as is the case with two Nigerians, born in Bulgaria, who were adopted at the age of 16, and are now living in an American family, enjoying full parental care. Says Ilonka Raichinova again:
    

    “There are more than 2 000 people entered in the register of adoption applicants. However, the figure of children proposed for international adoption and that of adoption applicants are practically incomparable. It is so because would-be adopters are predominantly looking to adopt healthy children, preferably very young – no older than 3. There are many children over 3 in our register, the bulk of them with very serious health problems and needing special and very expensive medical care and treatment. Their chances of finding a parent are close to zero, but sometimes, thank God, lucky exceptions occur.”
    

    The adoption procedure is very standard – the adoption applicant shall produce documents testifying to his or her ability to take care of a kid. Every six months, within a period of two years, post-adoption control is exercised in the form of reports from the social service of the country, which accepts the adopted child. These reports contain information about the condition of the child, how he or she is developing, whether enough care is received, if there is a mutual emotional connection with the adopting parent, etc. The most frequently asked questions on behalf of the adoption applicants are when exactly a proposal for adoption will be received. Sometimes, driven by a strong desire to speed up this process, the cooperation of dozens of organizations accredited to act as mediators in international adoptions is actively sought. Their services are also in high demand when desire for annulling adoption has been expressed, and though very rare, such cases occur.
    

    “Ever since I began work here, it has been the first time I encountered such a case. Word goes here of a Bulgarian boy, 7 or 8 years of age, adopted by an American family. This child definitely does not like his new home and his new family. Besides, he is big enough to voice his own opinion, and is not willing to continue to live in his new environment. He behaves badly with his adopters and wants to come back to Bulgaria, which is why his foster family officially requested from the Bulgarian justice minister to terminate the adoption,” Mrs Raichinova says in conclusion.
    

    Written by Diana Hristakieva
    Translated by Ivan Videnov
    

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    Volunteer Bulgaria
    Background Information
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    Bulgaria has the highest percentage of institutionalized children of any country in Europe and the former Soviet Union (UNICEF, TransMonee database). Bulgaria and Romania entered the European Union in January 2007, but the accession process paid only superficial attention to the human rights violations inherent in institutionalizing children and adults diagnosed with mental disabilities (defined here as intellectual and psychiatric disabilities). When a child is abandoned to the state in Bulgaria, he or she risks spending her whole life in institutions: whether run by the Ministry of Health, the Ministry of Education or the Ministry of Labour and Social Policy. Human rights violations in these institutions range from inhuman or degrading treatment arising from conditions of detention (Art. 3, European Convention for the Protection of Human Rights and Fundamental Freedoms, ECHR); violations of the right to the best attainable standard of physical and mental health (Art.12 International Covenant on Economic, Social and Cultural Rights, ICESCR) and the right to education (Art. 13, ICESCR), and for those under 18, a whole host of violations of the UN Convention on the Rights of the Child.
    

    In Bulgaria, 1 child in 50 grows up in an institution.
    

    Deliberately built in isolated settings by the previous communist regime, its 144 state “homes for children deprived of parental care” have an odd formal purpose, given orphans account for just 2 percent of their population. Centralized efforts to move away from the cruel practice of isolating mentally handicapped or delinquent children have created a strain on resources which is proving very difficult to manage.“ Twenty percent of our children come from families with serious problems, 14 percent have been convicted of crimes and another 8 percent have suffered from sexual violence,” Sokolova added.“People expect that our homes can produce miracles... Without (proper) support from the authorities, it’s an absurd expectation.” On the grounds of poor care, the government agency charged with protecting children’s rights has recommended the closure of sites such as the one at Tran and a home for mentally handicapped children at Mogilinio, in the north. But these orphanages continue to operate because their staff have jobs which cannot be given up.“ The homes produce marginals, outsiders,” says Slavka Koukova of Bulgaria’s Helsinki Committee for Human Rights, part of an international network of independent, not-for-profit watchdogs which has been monitoring these homes for years.“ The problems within these homes stem from incompetence at every level,” she underlined. Efforts at reform have been under way since 2001, with the very worst orphanages closed and families, usually Roma (Gypsy), given encouragement to take their children back. Some adoptions, however, have been snarled up in red tape for as long as three or four years, whereas the very fact of living in these establishments hinders a child’s development, Sokolova said. In 2003, Bulgaria began reforming its adoption system to bring it into line with international norms and in an effort to stamp out corruption and child trafficking. But the net result has been a sharp fall in the numbers finding new families: Just 708 children were adopted in 2007, against 1,600 per year prior to the changes.
    

    Bulgaria has more children aged 0-3 years in residential institutions than any other country in Central or Eastern Europe, the Balkans (including Romania), the Baltic and the former Soviet Union states. The current number of infants is nearly 3000 (Bulgaria’s total population is less than 8 million). There are also thousands of children at the age from 3 to 10 years and many teenagers living in institutional care. Overall there are an estimated 22 000 children currently reliant upon state institutional care in Bulgaria. The ‘orphanage industry’ in Bulgaria employs an estimated 11 000 staff to run children’s homes. Many of these staff are not professional care givers and are not evenly allocated. In some of the worst children’s homes (including many for disabled children), the ratio of children to caregivers can be as high as 40 to 1. Some larger institutions have over 150 children in them making the provision of individual care and attention to the children almost impossible, even for the most qualified personnel. Other institutions are in isolated locations, with limited access to other services and even where there have been improvements in material conditions they are unable to support the children in their socialization and inclusion in mainstream society.

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