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February 1, 2006

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Reference ID Created Released Classification Origin
06KIEV404 2006-02-01 09:52 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kyiv
This record is a partial extract of the original cable. The full text of the original cable is not available.





E.O. 12958: N/A 

REFS: A) Kiev 165; B) 1/30/06 Bistransky-Lamora telcon; 
C) State 10864 

Sensitive but unclassified.  Not for internet 
distribution.  Please handle accordingly. 

1. (U) SUMMARY:  On Tuesday January 31, President 
Yushchenko signed the law giving interim adoption 
authority to the National Adoption Center (NAC), 
clearing the way for prospective adoptive parents to 
process their adoptions to conclusion.  The NAC has a 
plan in place to prioritize appointments and serve 
families in a timely fashion.  At a recent meeting with 
CG, NAC Director welcomed USG efforts to improve 
American parents' compliance with post-adoption 
reporting requirements.  The NAC advised that the 
Minister of Family, Youth, and Sports continued to be 
interested in a bilateral agreement on adoption.  END 

2. (U) On January 31, President Yushchenko signed the 
law, passed by the Rada on January 12, giving interim 
authority over adoptions to the Ministry of Education's 
National Adoption Center (NAC) until the new adoption 
authority is legally established under the Ministry of 
Family, Youth, and Sports (ref A).  This law will go 
into effect upon its publication in the Ukrainian 
parliament's official newspaper "Holos Ukrainy," which 
could occur as early as February 2.  The law, designed 
to fix the adoption processing gap created December 22 
when the Rada passed new adoption authority legislation, 
gives the NAC lame duck status to process adoptions 
until May 1, 2006 -- the final date by which the new 
adoption central authority must be established under the 
Ministry of Family, Youth, and Sports (MinFYS).  (Note: 
Lyudmila VOLYNETS and others in MinFYS have cautioned 
that the NAC would only be able to process adoptions 
until March 22 -- three months after passage of the 
initial December 22 legislation.  MinFYS officials 
expect a temporary suspension of all intercountry 
adoptions between March 22 and May 1, the date the new 
authority is expected to be operational.  End note.) 

3. (SBU) In a Friday meeting with CG, NAC Director 
Yevheniya CHERNYSHOVA said that the NAC would continue 
processing not only suspended cases, but also cases that 
had originally been scheduled through the end of 
January.  According to Chernyshova, there are 256 
dossiers caught in the recent stoppage.  103 are 
American cases (this includes all families from December 
and those that had been scheduled through the end of 
January).  Chernyshova said first priority would be 
given to prospective adoptive parents (PAPs) who had 
already identified children, and were only awaiting NAC 
concurrence to conclude the adoption in court.  Second 
in line would be PAPs who had been in the process of 
identifying children in December when the NAC suddenly 
lost its adoption authority.  Through the month of 
February the NAC would reschedule appointments for those 
PAPs (twenty five Amcit families) whose original January 
appointments had to be missed due to the suspension. 
Chernyshova said the NAC would give priority 
appointments to PAPs who were already in Ukraine (in a 
way, rewarding those who had chosen not to heed advice 
to delay travel until new procedures were confirmed). 

4. (SBU) CG briefed Chernyshova on USG efforts to 
encourage American parents' compliance with Ukrainian 
law on post placement adoption reports, including A/S 
Harty's conference call with American Adoption Service 
Providers (ASPs) (ref B).  Chernyshova welcomed news 
that the USG had engaged ASPs at such a high level and 
said she would report this to FYS Minister, Yuriy 
Pavlenko.  Chernyshova said only Canada and Spain had 
achieved 100 percent compliance, but these countries' 
citizens had not been able to submit new adoption 
dossiers, since the NAC had not had authority to accept 
them.  She equivocated when asked what would occur after 
presidential signature of the law. 

5. (SBU) Chernyshova relayed that Minister Pavlenko had 
returned from his trip to the United States still 
intending to pursue a bilateral adoption agreement with 
the United States along the lines of the U.S.-Vietnam 
agreement.  CG emphasized that the USG preferred to use 
a multilateral vehicle such as the Hague Convention on 
Intercountry Adoption.  CG noted that a bilateral 
agreement such as the one with Vietnam could take years 
to conclude.  Since the U.S. and Ukraine were moving 
toward Hague Convention accession, a bilateral agreement 
should not be necessary.  Chernyshova rebutted that the 
minister's present thinking was in favor of a bilateral 
agreement regardless of the progress towards the Hague 
Convention.  She noted that other countries such as 
Italy, which were already signatories to the Hague 
Convention, were discussing bilateral agreements within 
the convention framework. 

6. (U) COMMENT: We have been actively engaged on this 
issue since December 22, and we look forward to 
efficiently processing orphan visa cases for the 
families who have been caught in the suspension.  We 
will continue to track developme
nts in the coming weeks 
and appropriately inform the American adoption community 
through e-mail notices and web page updates. 




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