VP 13-0-44518
Decided by Regional Commissioner February 21, 1958 Approved by Assistant Commissioner
Adoption of alien orphans — Section 4 (b) (2) (B), Act of September 11, 1957 — Approval of assurances — Petitioners must establish ability to provide proper and adequate home care — Findings and conclusions of recognized social agencies entitled to weight.
(1) To obtain approval of assurances under section 4 (b) (2) (B) of the Act of September 11, 1957, to bring an "eligible orphan" to the United States for adoption and permanent residence, the petitioners (prospective adopting parents) must establish not only that they are ready, able, and willing to adopt the child, but that they can and will provide proper and adequate home care.
(2) In determining whether the assurances shall be approved, the information and conclusions supplied by recognized social agencies participating in the adoption arrangements are entitled to weight. However, the agencies' findings are not to be given any conclusive effect, since the ultimate determination is the responsibility of the Attorney General alone.
IN RE:
Petition of V---- C---- A---- and T---- D---- A---- for approval of assurances for "eligible orphan" to be adopted under the provisions of section 4 of the Act of September 11, 1957.
BEFORE THE REGIONAL COMMISSIONER
Discussion: This case comes forward on certification to the Regional Commissioner, Southwest Region, for final decision in accordance with the provisions of 8 CFR 7.1 (b).
The petitioners, both residents of California, seek approval under section 4 (b) (2) (B) of the Act of September 11, 1957, of their assurances given to obtain a special nonquota visa for, and to bring to the United States for adoption and permanent residence as an "eligible orphan," the beneficiary, P---- A----. The female petitioner is a native-born citizen of the United States. Her spouse, a citizen of Greece, is a lawful permanent resident of the United States. They have been married since June 16, 1952. The beneficiary, born to an unwed mother on December 16, 1956, in Athens, Greece, is a citizen of that country, and is presently being cared for in The Metera, a baby center in Athens, Greece. His mother, who is mentally incapacitated due to an injury, has been confined to the General Neuropsychiatric Hospital of Athens, Greece, since October 10, 1957.
On July 24, 1957, the Athens Court of First Instance provisionally appointed the beneficiary's maternal grandfather as his guardian. On this same date the beneficiary's grandfather, in his capacity as guardian, agreed and consented in writing that his ward leave for the United States and be adopted there by American citizens through the International Social Service, Athens, Greece, and at the choice of the local Organization for the Protection of Childhood.
In order to obtain approval of assurances under section 4 (b) (2) (B) of the Act of September 11, 1957, the petitioners must meet certain requirements. A petition must be filed on Form I-600, for which no fee is required. Assurances satisfactory to the Attorney General must be given by the United States citizen and spouse that if the orphan is admitted to the United States they will adopt him in the United States and care for him properly. In this connection, the petitioners must establish their willingness to adopt the child and that they possess the mental, physical and financial ability to properly care for the child beneficiary (which latter item will include a showing of income, assets and liabilities). Additionally, they must show that the proposed home environment is proper and adequate and that the preadoption requirements, if any, of the State of the orphan's proposed residence have been met.
The assurances required by the statute are intended to establish not alone that the petitioners are ready, able and willing to adopt, but that such adopting parents would and could provide proper and adequate care for the child to be adopted. A favorable showing on both counts must be made before assurances can be approved.
Section 4 (b) (2) (B) requires that only one of the adopting spouses need be a United States citizen, but that both furnish the assurances. It having been established that the petitioners are legally married, that one is a citizen of the United States and that both have filed a petition on Form I-600, the first requirement has been met.
The petitioners have indicated their willingness to adopt the child by the submission of their I-600 and their request to the California State Department of Social Welfare for assistance. Service investigation showed that the male petitioner is employed as a civil engineer in San Francisco at an annual salary of $6,600; that he earns between $1,500 and $2,000 a year additionally in overtime; that the female petitioner is employed at a local bank at an annual salary of $2,100; that they have investments in common stock valued at $12,000 from which they receive interests and dividends of approximately $800 annually; that the petitioners have a savings account in the American Trust Bank in the amount of $1,475; have a $10,500 equity in their home which is valued at $20,000; that the female petitioner has an equity of about $12,000 in the estate of her grandparents which is the subject of litigation and from which equity funds are not presently available; that the female petitioner attended Stanford University for 2 years majoring in education and that the male petitioner holds a Master's Degree in engineering from the same university. The investigation further disclosed that proper facilities are available for the housing and care of the child. Neighborhood investigation disclosed that the neighbors expressed the highest regard for the petitioners and the wish that they would be successful in adopting the child beneficiary as they believed them to be good prospective parents.
A recent medical examination of the petitioners found them to be in good health with no evidence of any organic or functional disease.
Although the State of California has no preadoption requirements statutorily defined as such, its civil code requires certain procedures before the court can issue a final decree of adoption. Such proceedings include a requirement that the State Department of Social Welfare investigate and report to the court their findings relative to the desirability of the prospective parents. The reporting agency has been extended to include independent placement agencies licensed by the State Department of Social Welfare. Such report by the latter agencies may be waived, however, if this agency joins in the petition for adoption.
The Department of Social Welfare, State of California, with the assistance of the International Social Service, an internationally recognized social agency, made arrangements for the petitioners to adopt the child beneficiary. The first above-named agency submitted to this Service the petitioners' Form I-600, substantiating documentation, a certified abstract of the record of their case file relative to the petitioners and a summary of the beneficiary's record. The abstract reflects the petitioners' suitability as adoptive parents, and also sets forth the assurances that the pre-adoption requirements of the State of California have been met and that there appears to be no barriers to legal adoption by the prospective parents of the child beneficiary. The information and abstract presented by recognized social agencies are entitled to weight in determining whether the approval of assurances shall be granted. By reason of their experience and specialization in the field of social work, the information and conclusions supplied by such agencies are in the nature of, and admissible as, expert testimony. However, such information, abstract and conclusions may not be accepted as complete proof that the basic requirements have been established, since to do so would be to substitute such agency's findings for those of the Attorney General.
Although the mother of the child beneficiary is mentally incapacitated and confined to a neuropsychiatric hospital, her mental condition is the result of trauma and has not affected the mental condition of the child for whom a mental certificate has been issued certifying the child to be in good health and development. This information is being supplied the consular officer before whom application for a visa will be made, since that officer by the section of the statute here concerned is delegated the responsibility of determining whether the child beneficiary meets the definition of the term "eligible orphan" and is otherwise admissible to the United States except for the fact that the portion of the quota to which he would be otherwise chargeable is oversubscribed by applicants registered on the consular waiting list at the time his visa application is made. These determinations are not required to be made as a prerequisite for the approval of an I-600 application.
The petitioners have indicated their desire to adopt the child beneficiary, establish their financial, mental and physical ability to adequately and properly care for him, have demonstrated that the home environment prepared to receive the child is suitable and proper, and that all of the prerequisites of the State of California, the proposed State of residence of the child, have been met. All of the basic requirements set forth herein as conditions precedent for approval of assurances under section 4 (b) (2) (B) of the Act of September 11, 1957, having been established, favorable action on the petition is warranted.
Order: It is ordered that the petition for approval of assurances be and the same is hereby granted.