The Immigration and Naturalization Service has issued a guidance memorandum for its offices on the subject of immigration vaccination requirements for orphan children. US immigration laws require immigrants to document they have been vaccinated against a number of communicable diseases. The INS memo is a response to a law signed last November by President Clinton which exempts adopted chidren under ten years of age from the vaccination requirement. The adopting parents would have to agree to get the child the appropriate vaccinations within 30 days of the child’s admission to the US.

The INS advises that an affidavit must be signed by the parents relating to the above requirements before the visa can be issued. Parents also have the option of having the child comply with the normal vaccination rules and then seek a waiver for the vaccinations the INS or State Department-approved physician feels are inappropriate. The State Department is responsible for granting these waivers.

The INS reports that the State Department is preparing an standard affidavit form that will ensure that parents are aware of the new law and the existing exemptions. The affidavit form will be included with the submission of the OF-157 medical examination. Until a standard affidavit is available, the State Department is instructed its posts to issue a locally prepared affidavit form.

Waivers are also available in situations where an adoptive parent objects to the child receiving vaccinations on religious or moral grounds. Parents must be able to show 1) that they are opposed to vaccinations in any form; 2) the objective is based on religious belief or moral convictions (whether or not as a member of a recognized religion); and 3) the religious belief or moral conviction (whether or not as part of a “mainstream” religion) is sincere. To qualify for this waiver, parents must submit Form I-601, Application for Waiver of Grounds of Excludability.