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American Citizen Services > Adoptions
Attention: On June 21, 2001 Parliament of Ukraine amended the Civil Law of Ukraine changing the time for appeal of court decisions from ten to thirty days. This means that you might need to wait thirty days after the court hearing before you can continue the adoption process. With the growing number of adoptions by American citizens in Ukraine, we now must require notice of at least three (3) business days to schedule an appointment for preparation of the necessary documents needed at the immigrant visa interview in Warsaw. Please do not schedule your travel to Poland or your appointment at the US Embassy in Warsaw until you have received an appointment date with us. We cannot guarantee an appointment date that will accommodate your travel plans. Please review Part X of this document for instructions on how to schedule an appointment. INTERNATIONAL ADOPTION IN UKRAINE CONTENTS
II. Things you should know about adopting in Ukraine III. Law and general procedure IV. Adoption center database V. Initial registration with Adoption Center VI. Documents required for registration with the Adoption Center VII. Appointment scheduling with Adoption Center VIII. Grounds for denial to register IX. Meeting a child X. Pre-adoption medical examination XI. Court hearing XII. Post-adoption birth certificate and child's travel document XIII. Assistance from the U.S. Embassy in Kyiv XIV. Documents required for the interview at the U.S. Embassy in Kyiv XV. How to authenticate documents XVI. Only one parent travelling for an interview to Warsaw XVII. Medical examination for adopted children XVIII. Interview at the U.S. Embassy in Warsaw, Poland XIX. General information The number of Ukrainian orphans adopted by foreigners has increased rapidly over the past several years. In fiscal year 2001, American citizens adopted over 1,200 orphans in Ukraine, making Ukraine now one of the top six destinations for Americans adopting children abroad. These results speak for themselves, and we see proud new parents with their newly adopted children on a daily basis at our Embassy. Nonetheless, American citizens must have realistic expectations when coming to Ukraine. Ukraine is a young nation undergoing profound political and economic change as it moves from its Soviet past towards a market economy and integrates into Western institutions. While most American citizens adopting here do not register serious complaints with the U.S. Embassy, Americans should nonetheless expect that many things they take for granted in the U.S. may not be available in the country, or not of the quality found in the U.S. This includes certain goods and services, and levels of comfort in travel and accommodations. Expect to spend four to six weeks in Ukraine to complete the adoption process. Adoption decrees only become final after a statutory one-month period has elapsed without a successful appeal. Courts have been known to waive this period and allow newly adopted orphans to leave Ukraine with their new parents. The Supreme Court of Ukraine has recommended that regional courts waive the appeal period only when an adopted child suffers from extreme health problems. However, courts do not apply the law in a uniform manner. If the judge does not waive the appeal period, be prepared to wait another month after the court ruling granting you legal parenthood of your child. Many Americans prepare to travel to Ukraine twice, and hence obtain Ukrainian double-entry visas. With the number of foreign adoptions in Ukraine growing, adoption facilitation has become a booming business in Ukraine. Under current Ukrainian law, no adoption agencies or agents can be officially licensed in Ukraine, i.e. no commercial intermediaries may take part in the process of adoption. Only "facilitation" services such as translation/interpretation, room and board, transportation are allowed. The line between legal "facilitation" and illegal "intermediation" is not always clear, however, so Americans considering an adoption in Ukraine should choose their facilitators carefully. II. THINGS YOU SHOULD KNOW ABOUT ADOPTING IN UKRAINE
U.S.A. - Under U.S. law, prospective American parents wishing to adopt a child in a foreign country must, in all cases, initiate the process with the Immigration and Naturalization Service of the United States (INS) by filing form I-600A, Application for Advanced Processing of Orphan Petition. This petition must be filed at the appropriate INS office in the United States with jurisdiction over the adoptive parents' place of residence. If prospective adoptive parents reside outside the United States, the petition must be filed with the INS office that has jurisdiction over the family's country of residence. UKRAINE - Ukraine is now the only country in the region that has not acceded the Hague Convention on Adoptions. On January 28, 1996, effective April 1, 1996, a moratorium on adoption of children in Ukraine was lifted by the Ukrainian Parliament (Verkhovna Rada of Ukraine). On July 20, 1996, based on changes in, and amendments to, the Family and Marriage Code of Ukraine, the Cabinet of Ministers of Ukraine approved a Resolution on Adoption, thereby defining strict procedures and regulations for adopting Ukrainian children (orphaned or abandoned) by foreign citizens. IV. ADOPTION CENTER DATABASECitizens of foreign countries may adopt only those Ukrainian children who are qualified for adoption and have been registered with the Kyiv based National Adoption Center for 1 (one) year without any Ukrainian family coming forward to adopt them or become their guardians. The one-year waiting requirement may be waived only if children suffer from a disease mentioned in the list of the Ministry of Public Health Protection. On January 21, 2002, the Ministry of Health Protection of Ukraine issued an updated list of diseases allowing international adoption without one-year registration requirement. On February 15, 2002, the Adoption Center started registering children according to the new list. Children registered before that day, with the medical conditions stipulated by the old list, can be still adopted by foreigners without one-year registration requirement. Below is unofficial translation of the aforementioned list of diseases. APPROVED List of diseases
Orphanages are responsible for providing full and complete information on children available for adoption to the Adoption Center database in a timely fashion (within 1 week after they arrive at the orphanage). The local (district or 'rayon') office of the Ministry of Education creates a file for each child available for adoption and prepares an application that contains basic information about the child and his/her photo. They retain the application at their office for one month, during which time they encourage local Ukrainian families to adopt the child. After being kept at the district office for 1 (one) month, the application is forwarded to the regional or 'oblast' office of the Ministry of Education. This office has 1 (one) month to find a Ukrainian adoptive family for the child.* *Note: Under Ukrainian law, disclosure of information on children available for adoption to agencies or private citizens by Ukrainian officials is forbidden. If the child still has not been adopted by Ukrainian citizens, his/her application is forwarded to the Adoption Center to be registered in its database. Once a child's application reaches the Adoption Center, the Center has 12 months to find a Ukrainian family for the child. If the legal status of the child changes, the guardian authority will have to notify the Adoption Center of this change within 7 days. Children who, in accordance with list of diseases published by the Ministry of Public Health Protection, are determined to be unhealthy are not subject to the 'one-plus-one-plus-twelve month' waiting period and will be available for international adoption immediately. V. INITIAL REGISTRATION WITH ADOPTION CENTERAmerican prospective adoptive parents wishing to adopt a child from Ukraine must register with the Adoption Center to begin adoption proceedings in Ukraine. The Adoption Center is operated as part of the Ministry of Education and is the ONLY legal Ukrainian authority that maintains a database of children available and qualified for both domestic and international adoptions. The Adoption Center is involved in international adoptions from the initial to the final stages, e.g. from the moment prospective parents apply for registration to the point when, once a child has been identified, the case is forwarded to a court for adjudication. The Adoption Center's current address and telephone numbers are: 27 Taras Shevchenko Boulevard,Kyiv, Ukraine, 252032 Tel. (380)(44) 246-54-31/32/37/49; Fax (380) (44) 246-5452/62 Contact person: Ms. Tamara Kunko, Director. Please keep in mind that translators or interpreters are not available on the staff of the Adoption Center. Callers or visitors have to speak either Russian or Ukrainian, or have their own interpreters. VI. DOCUMENTS REQUIRED FOR REGISTRATION WITH THE ADOPTION CENTER1. Ukrainian law states that foreign citizens wishing to adopt Ukrainian children must submit a petition (written statement) to the Adoption Center, requesting to be registered as prospective adoptive parents and to be permitted to visit orphanages in order to meet, select, and establish contact with an orphan. Police, medical, and income records must be issued on the letterheads of respective agencies and signed by respective authorized officials. These records should not be on the letterheads of the U.S. adoption agency helping prospective parents with their adoption dossier. Otherwise, the Adoption Center cannot guarantee that the dossier will be approved and the family will be registered promptly as prospective adoptive parents. The petition must be accompanied by the following documents:
Comment: It is important to realize that by signing such a statement parents assume an obligation to comply with the requirement of Ukrainian law to register an adopted child with the Ukrainian Embassy or Consulate in the U.S. within 30 days after arrival to the U.S. Non-compliance with the registration requirement has been subject of numerous complaints from the Adoption Center and may have a very negative impact on international adoptions in Ukraine. Also, please note that the Adoption Center sends a copy of this document to the Ministry of Foreign Affairs of Ukraine for further transmission to the Ukrainian Embassy or Consulates in the United States to improve their oversight of the registration process. Please note that ALL eight documents from the list must be independent documents, e.g. one cannot be part of another. The documents will remain valid in Ukraine only for 1 (one) year from the date of issuance, regardless of their validity in the U.S. (e.g. I-171H form issued by the INS is valid for 18 months but cannot be used in Ukraine after 12 months have expired). 2. Ukraine has not signed the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. Therefore, all documents must be properly authenticated at the local and state levels in the United States, then at the Authentication Office, Department of State, Washington, DC followed by authentication at the Ukrainian Embassy or Consulates in the U.S. With this last authentication, the document is recognized as a legal document for use in Ukraine. Once the documents are authenticated at the Ukrainian Embassy or Consulate, they must be translated into Ukrainian. Translations have to be notarized and authenticated. If documents are translated in Ukraine, the translation has to be notarized by a state notary public only. 3. Citing all of the above requirements, along with the need to comply with Ukrainian Adoption Procedures, the National Adoption Center has recently reinforced its policy of direct contact with prospective adoptive parents. It now requires that adoptive parents initially send their documents directly to the National Adoption Center and only then advise their facilitators to check on the documents with the Center. The Center prefers that parents translate the documents in the U.S., but understands that it may be difficult to find proper translators in the U.S. Therefore, it will allow facilitators to come to the Center with a properly notarized, authenticated, and translated power of attorney to get the documents to translate and notarize them locally. 4. The Adoption Center must, within ten days, process the documents submitted by adoptive parents and enter them into their database. It is strongly recommended to make sure ahead of time that all submitted documents correspond to requirements of the Adoption Center. VII. APPOINTMENT SCHEDULING WITH ADOPTION CENTERThe National Adoption Center has enforced its new appointment policy. Before traveling to Ukraine, prospective adoptive parents must contact the Adoption Center, either personally or through their facilitators, at least four-five weeks in advance before planned travel and schedule an appointment with the Center. Otherwise, the Center cannot guarantee that a requested appointment will be scheduled. Only after doing so, should parents travel to Ukraine. Families will not be served if they visit the Adoption Center either without an appointment or on the day for which they have been scheduled. Once parents identify the sex and the age of the child(ren) they wish to adopt, the Adoption Center shows them applications of orphans available for adoption within this age group. The Center will then issue a letter of referral to allow the prospective parents to visit orphanages to meet, select, and establish contact with the child(ren). Along with the letter of referral, adoptive parents will be given their documents, bound, numbered, sealed, and signed by an official in charge of the Adoption Center, with a separate sheet specifying the number of pages and the prospective parents' registration file code. VIII. GROUNDS FOR DENIAL TO REGISTERNo standards have been established by law for approval or denial of prospective parents' applications to register at the Adoption Center. Eligibility is determined through a personal interview at the Adoption Center. However, based on previous experience, a violation of adoption procedures and regulations (e.g. visiting an orphanage without the Center's permission, meeting and selecting children for adoption prior to registration, not arriving for an interview, etc.) can be considered grounds for denial to be registered with the Adoption Center. In the case of registration denial, prospective parents must be notified of the denial in writing and all the documents they have submitted should be returned to them. IX. MEETING A CHILDOnce the Adoption Center issues permission for prospective parents to visit orphanages, parents may go there and meet with the child(ren), check medical records, and establish personal contact with the child(ren). When a child is selected for adoption, the Adoption Center removes the child's name from the database of orphans available for adoption. X. PRE-ADOPTION MEDICAL EXAMINATIONWhile meeting a child at the orphanage, you will be shown his/her medical history. If any doubts arise, or if you would like to get more details on the child's health condition, you may request an additional medical check-up of the child (including blood tests etc.). According to the law, every prospective parent has the right for additional pre-adoption medical examination of the child conducted by a private physician in the presence of the orphanage staff member. The panel physicians of both the American Medical Center and Clinic of Oil Industry of Ukraine in Kyiv (see part XVII) have expressed their readiness to perform pre-adoption medical examinations. Please check with them directly on their services and fees. Parents should make every effort to thoroughly understand the medical conditions diagnosed by local physicians. Please be sure the facilitator and/or interpreter you hire are competent to translate and explain complex medical diagnoses. Knowledge of the child's medical conditions is required for the I-604 interview at U.S. Embassy in Kyiv. Parents should verify that medical reports from the orphanage are thorough and reflect all information provided to the Ukrainian court for the hearing. XI. COURT HEARINGIt is important to mention that, in compliance with recent changes in, and amendments to, the Family and Marriage Code of Ukraine, the power to approve or deny an adoption remains solely with an individual judge. The judge's decision, in turn, will be based on a review of various documents of each individual adoption case during the court hearing. The law states that adoptive parents MUST attend this hearing. The Adoption Center has stated that this requirement will be strictly enforced following the recent resolution of the Supreme Court of Ukraine. In cases where one of the parents cannot be present at the hearing due to a compelling reason (e.g. major surgery, disability etc.), a judge may permit one parent to provide a power of attorney for the other parent, but it is totally under judge's discretion. The packet of documents for the adoption case is presented to the judge after being carefully examined by the Adoption Center. As a general rule, the judge's decision is announced and issued the day of the hearing. Attention: On June 21, 2001 Parliament of Ukraine amended the Civil Law of Ukraine changing the time for appeal of court decisions from ten days to one month. This means that you might need to wait one month after the court hearing before you can continue the adoption process, unless "immediate execution" for the court decision has been granted by the judge. Once the decision takes effect, the new parents are granted parental rights and legal responsibility for the child.
Please make sure that there are no discrepancies in the spelling of names in the court decree (parents' and child(ren)'s). If noticed, please request the court clerk to correct them immediately. Failure to do so may cause delay in issuing the post-adoption birth certificate and in completing the authentication process. The local (regional) ZAGS office (abbreviation for office of vital records in Ukrainian) will issue a post-adoption certificate of birth for an adopted child based on the final court decree and the original (pre-adoption) birth certificate only. Please remember that you will not be given back the pre-adoption birth certificate. Therefore, please make sure that you make a copy of the pre-adoption birth certificate before handing it over to the ZAGS authorities. Once you obtain the post-adoption birth certificate, you may apply for a travel document (blue or red passport book) for the child at the local (regional) VVIR (abbreviation for office of visas and registrations in Ukrainian). You will be required to present a written and notarized statement requesting that the travel document be issued. The post-adoption birth certificate, final court decree, and 4 passport-size photos of the child(ren) have to be submitted along with the statement. The Ukrainian travel document for an adopted child is a bilingual passport allowing the child to travel abroad. Please note that the new name of your adopted child in the travel document will be spelled in English but in the Ukrainian way, so it may look different from what appears on your passport. There is no need for concern about it as long as the child's name in Ukrainian on the travel document is the same as in the court decree. However, parents can request that the correct English spelling be noted on the blank page in the passport. At the time the travel document is issued, a special stamp is put in it showing that the child is departing Ukraine for permanent residence abroad. It is called a "PMZh-stamp" in Ukrainian, and is a mandatory stamp for all emigrants. Although, under Ukrainian law immigration authorities have from 10 to 90 days to issue passports or travel document for emigrants, VVIR authorities are usually co-operative when it comes to adoption cases, especially if an adopted child is sick and requires immediate medical care. The Embassy has been informed of some delays in issuing travel documents in some regions of Ukraine, but those delays were minor and don't seem to form a pattern. XIII. ASSISTANCE FROM THE U. S. EMBASSY IN KYIV1. One crucial fact that must be understood at the outset of the adoption is that a prospective adopted child is a citizen of the country of his/her origin and is subject to the jurisdiction of the local courts. The Embassy encourages prospective adoptive parents, therefore, to ensure that an international adoption strictly complies with Ukrainian laws. We are happy to answer your inquiries and provide any guidance for your particular case as best as we can. Please address your questions to American Citizens Services at the following e-mail address: [email protected]. The Embassy gives priority to adoption cases, and we will try to make your visit to us as short and comfortable as possible. Please note that the Embassy cannot provide legal consultations and/or advice. If there is a need, you can hire a lawyer. A list of law firms is available at the Embassy. 2. Below are instructions for processing adoption cases at the American Embassy in Kyiv.
The American Citizens Services Unit of the Consular Section of the American Embassy in Kyiv, Ukraine, processes just one piece of the adoption puzzle: we complete the I-604, Report of Overseas Orphan Investigation. Once you have completed the adoption, obtained the post-adoption birth certificate, the Ukrainian travel document for a child, and other related documents (see part XII), you will need to come to the Embassy for a review of the case (please make sure that you come to the American Citizens Services Unit of the Consular Section only after the month appeal period of the court decree expires unless you have judge's waiver). In addition, we authenticate the adoption court decree(s) and post-adoption birth certificate(s) of your child(ren) after the documents have gone through the Ukrainian authentication chain (see authentication procedures below in Part XV).
IMPORTANT! The American Citizen Services section of the U.S. Embassy in Kyiv has implemented an appointment system for American parents wishing to complete the I-604 and authenticate Ukrainian documents for their newly adopted Ukrainian child(ren). Please contact us at 490-4079 in order to establish a time and date of an appointment. If we are unable to take your call immediately, please leave your name, requested appointment date, and a contact telephone number on the voice mail. We will return your call as soon as we can. We require at least three (3) business days notice for an appointment. Please do not assume that you have an appointment by leaving a message on our answering machine. Appointments must be confirmed by us with a return phone call if the request is left on our answering machine. NOTE: The Consular Section is located at 6 Pymonenko St. in Kyiv. Telephone: (380)-44-490-4422/4000. Fax (380)-44-236-4892. Appointments for adoptive parents in Kyiv are available from 8:30 to 10:30 a.m. and from 2:30 to 3:30 p.m., Monday through Friday, except the last Friday of each month (we are closed to the public that day) and all Ukrainian and U.S. holidays. Please check our web-site at usinfo.usemb.kiev.ua for a list of official holidays when the Embassy and the Consular Section are closed. Please note that public hours are subject to change. Therefore, we advise you to contact us at one of the phone numbers above before you come to the Consular Section. When you come to the U.S. Embassy in Kyiv with your adopted child(ren) for the I-604 investigation interview, you will need the following documents:
This set of photocopies should contain copies of the already-authenticated documents with original stamps and signatures. This set of photocopies will not be returned to you. All other documents will be given back to you to take to Warsaw. Our facilities for making photocopies are limited. There is a fee of $1.00 per page if you come unprepared and we must make copies for you.
Documents 1 and 2 in Section XIV must be authenticated. You will need an authenticated birth certificate, in particular for use in the U.S. for all civil actions that would normally require a birth certificate (school registration, passport issuance on attaining U.S. citizenship, marriage, drivers license, etc.). Please follow the procedure below: 1. Bring your documents to the Ministry of Justice - Mykhailo Kotsubinskoho 12, Kyiv, Ukraine, tel.#235-4050/235-4083. They will place a stamp on each document certifying the authenticity of the issuing agency's stamp. Please allow some time (from one to three days) for the action at the Ministry of Justice to be completed. Currently, this service is provided free of charge. * 2. Next, take the documents to the Ministry of Foreign Affairs - Mykhailivska Ploshcha 1, Kyiv, Ukraine, tel. 212-8392/293-2906. They will place a stamp on each document certifying the authenticity of the Ministry of Justice stamp. Be sure to check each document carefully to make sure that the Ministry of Foreign Affairs official remembered to sign the document next to the stamp, below his/her hand-written name. Without this signature, we cannot complete the authentication procedure. For two-day service, a fee of 25 hrivnyas (approx. $5) per document will be assessed. The Ministry of Foreign Affairs accepts documents any working day 9:30 a.m. - 12:30 p.m. and returns documents the next day from 3:00 p.m. - 5:00 p.m. * * Ukrainian fees and working hours are subject to change. Please check with corresponding ministries in advance. Note: The Consular Section CANNOT conduct the I-604 interview the same day that you receive your authenticated documents from the Ministry of Foreign Affairs, since the last appointment for a day can be scheduled for 3:30 p.m.! 3. Bring the authenticated documents to the Consular Section (simultaneously with the final I-604 investigation). We will grommet a coversheet to your original document certifying the authenticity of the stamp and signature of the Ministry of Foreign Affairs. Now your document is valid for use in the US. Our fee is $30 per document. XVI. ONLY ONE PARENT TRAVELLING FOR AN INTERVIEW TO WARSAWIf, upon completion of adoption in Ukraine, one parent needs to return to the United States and cannot be present at immigrant visa interview in Warsaw, please note that the following documents must be signed by this parent prior to departure from Ukraine:
One of the requirements for immigrant visa issuance for adopted children is that a medical examination be conducted. It must be conducted prior to the interview in Warsaw by panel physicians at one of the following addresses:
Medical exams in the clinic of Oil Industry of Ukraine can be performed any working day (Monday through Friday) between 9 a.m. and 3 p.m. The cost is $50 for adopted children under 15. You will need to bring the child's passport or photo-ID (a birth certificate is sufficient if the child is under 16), one passport-size photograph, and a vaccination chart if one is available. The American Medical Center (AMC) performs medical exams every working day of the week from 9 a.m. till 10 a.m. The cost for a medical exam for adopted children and other applicants under 15 years old does not exceed $100. For details/appointments please contact AMC directly. If it is more convenient for adopted parents, medical examination for adopted children can also be performed by one of the panel physicians in Poland, listed below: Warsaw, Poland
Krak?w, Poland Dr. Jacek Markiewicz, Dr. Piotr Pieni??ek, Dr. Wies?aw Piotrowski, Dr. Janusz Otfinowski. Centrum Kardiologiczne "Amicor", Krakуw, ul. Obo?na 31.Tel.: 48/12/633-91-73 or 633-59-06. Pozna?, Poland
NOTE: Recent changes to US immigration law now require immigrant visa applicants to obtain certain vaccinations (listed below) prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations on behalf of immigrant visa applicants are now required to verify that immigrant visa applicants have met the new vaccination requirements, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations:
In order to assist the panel physician and to avoid delays in the processing of an immigrant visa, all immigrant visa applicants should have their vaccination records available for the panel physician to review at the time of the immigrant medical examination. Adoptive parents should consult with the health report from the orphanage to learn their child's immunization history. If your child does not have a vaccination record, the panel physician will work with you to determine which vaccinations your child may need to meet the requirement. Only a physician can determine which of the listed vaccinations are medically appropriate for the child, given his/her age, medical history, and current medical condition. Please note that for children under 10 years of age, it is now possible to receive a waiver of the vaccination requirements by completing an affidavit at the U.S. Embassy in which you pledge to have the child vaccinated within 30 days of his or her entry into the United States. Medical records for your child will be put into sealed envelope (please do not open it) to be taken to Warsaw and presented to an immigrant visa officer upon request. XVIII. INTERVIEW AT THE U.S. EMBASSY IN WARSAW, POLANDThe U.S. Embassy in Warsaw, Poland processes immigrant visas for children adopted in Belarus, Latvia, Lithuania, Poland and Ukraine. Once you complete the adoption process, please contact the U.S. Embassy in Warsaw to make arrangements for an appointment with an immigrant visa officer there. Do not wait to make your appointment in Warsaw when you come to the Consular Section of the Embassy in Kyiv.
Information on required documents for an immigrant visa interview and on other requirements for filing the I-600 is available at the U.S. Embassy in Warsaw, Poland. The following are the address, telephone/fax numbers, E-mail and web-site addresses for the U.S. Embassy in Warsaw, Poland:
U.S. Embassy Warsaw, Poland
XIX. GENERAL INFORMATION
Aleje Ujazdowskie 29/31 Tel. 48-22-628-3041/42/43...49 Fax. 48-22-627-4734 Web-site: http://www.usinfo.pl E-mail: [email protected] We encourage American citizens planning to stay in Ukraine for more than a couple of days to register with the Embassy upon arrival. This will allow us to contact you in case of an emergency. To register, you will need to present your U.S. passport and complete a basic registration form at the Consular Section. Any problems experienced by American citizens in dealing with local authorities or with the Adoption Center of Ukraine should be reported to the Embassy Kyiv (044-490-4079) or to the Office of Citizens Consular Services at the Department of State in Washington, D.C.:
2201 C Street NW, Washington, D.C. 20520 Tel. (202) 647-3445, 647-6714 rev. August, 2002 |
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