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INTERCOUNTRY ADOPTION

April 2008


DISCLAIMER:  The following is intended as a general guide to assist U.S. citizens who plan to adopt a child from a foreign country.  Three sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the eligibility of individual children for adoption, as well as the adoption of children in that country in general; 2) the laws of the adoptive parents’ state of residence establish qualifications they must meet in order to adopt; and 3) U.S. immigration law governs the immigration of the child to the United States.  In addition, the Hague Convention on Intercountry Adoption, to which the United States became a party on April 1, 2008, establishes legal and regulatory requirements for intercountry adoption. 

 

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: The Government of Brazil requires that prospective adoptive parents meet the following conditions:

• Persons over the age of 21 may adopt, regardless of marital status;
• The adopting party must be at least 16 years older than the potential adoptee;

 

RESIDENCY REQUIREMENTS:  Brazilian law requires prospective parents to live in Brazil with the child for a cohabitation period of at least 15 days for children under two years of age and at least 30 days for older children.


TIME FRAME: The average time to complete an intercountry adoption in Brazil varies from three months to one year.


ADOPTION AGENCIES AND ATTORNEYS:  Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing authority in the U.S. state where the agency is located or licensed.  Please also see Important Notice Regarding Adoption Agents and Facilitators at the Department of State, Bureau of Consular Affairs web site travel.state.gov .

Because Brazil is a Convention country, adoption services must be provided by an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider. These terms are defined in 22 CFR Part 96 and explained in the Department’s website Brochure for Prospective Adoptive Parent(s).  For purposes of this document, accredited agencies, temporarily accredited agencies, and approved persons are referred to with the shorthand term “accredited adoption service providers.”

It is essential that prospective adoptive parent(s) seeking to adopt from a Convention country use an accredited adoption service provider.  The Department 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 www.hcch.net.


ADOPTION FEES IN BRAZIL: The U.S. Embassy in Brazil discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in Brazil at risk.

There are no government fees to open a dossier with the CEJAs.  Unfortunately, it is difficult to determine an average cost for attorneys in Brazil since prices vary from state to state, and on the qualifications of the attorney.  


BRAZILIAN ADOPTION LAW: In October 1990, Brazil promulgated a new Federal Statute for the protection of children and adolescents.  In accordance with this law, priority in adoptions is given to Brazilian citizens.  Other major terms of the law include:

• Adoption by proxy is prohibited;
• A child being adopted will only be allowed to depart Brazilian territory once the adoption has been finalized;
• Adoption requires the consent of the birth parents or of the legal representative of the potential adoptee.   Consent will be waived with regard to a child or adolescent whose birth parents are unknown or who have been stripped of their parental rights;
• International adoption agencies are allowed to act on behalf of the prospective adoptive parents.

Furthermore, an adoption home study evaluation is required to determine the suitability of the applicant(s) to become adoptive parent(s).  The home study must be performed by a professional social worker who is authorized by local authorities in Brazil to perform such work.  In general, home studies done in the U.S. are acceptable as long as the adopting parent(s) present a Portuguese translation authenticated by the Brazilian Embassy and/or Consulate in the United States .


ADOPTION PROCEDURES: To begin the adoption process, prospective adoptive parents must apply for permission to adopt from the State Judiciary Commission of International Adoption (CEJA) in the state where the adoption will occur (listed above).  According to CEJA statute, the adoptive parents will need to file the documents listed below.

Once the documents are submitted, CEJA processes the application.    A lawyer is not required for this service.  CEJA also provides prospective adoptive parents with a “Habilitation Approval Certificate” and eventually identifies the children eligible for adoption from a database of prospective children.

The U.S. Consulate in Rio de Janeiro provides a letter addressed to the CEJA  stating that the United States will comply with the Hague Adoption Convention (i.e. that the adopted child will be a United States citizen and have all rights as any United States citizen). This letter is provided only after the DHS has approved the I-600A application and a copy of the approval is received by the United States Consulate in Rio de Janeiro.

Once the adoptive parents satisfy Brazilian adoption requirements, a judge may grant a final adoption.  The Brazilian government will then allow the child to leave Brazil .     The adoptive parents can change the child’s name and request a new birth certificate (listing their names as parents) at the Brazilian Civil registry office.  Afterwards, the adoptive parents need to apply for a passport for the child at the Brazilian passport office.


DOCUMENTS REQUIRED FOR ADOPTION IN BRAZIL :  Any foreign couple or person adoption a Brazilian child must have an authorization from the State Judiciary Commission on Adoption (CEJA). According to CEJA statutes petitioners must provide at a minimum the following:

1. A Home study including:
   a. Psychological evaluation
   b. Medical report of prospective parents saying they are in good health and mentally and physically capable to adopt,
   ( U.S. medical reports are acceptable if translated into Portuguese and authenticated by the Brazilian Embassy and/or Consulate in the U.S. ) Certificate of Residence – proof of home ownership or an affidavit from the prospective parent’s landlord regarding the apartment and lease including pictures from the house (inside and outside),
   c.Pictures of prospective adoptive family and grandparents (if possible).
   
2. ‘I-171H’ form, Notice of Approval of I-600A petition;
3. Copy of Petitioner’s U.S. passport(s), photo and signature page;
4. Police records, requested within one year;
5. Last filed Federal Income Tax (return);
6. Marriage certificate (if applicable);
7. Birth certificate (if not married);
8. Divorce Decree (if applicable);
9. Applicant’s Current state of residence law on adoptions, including statement  that  the law is still in effect (generally obtained at a state Court House, from a Senator’s office, or  lawyer);
10. Handwritten signed statement from the petitioner saying s/he is aware that adoption in Brazil is free and irrevocable;
11. Statement that petitioner is aware that s/he must not establish any contact in Brazil with prospective child’s birth parent(s) or guardian (if applicable) before the authorization from CEJA is issued. 

 

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD: For more information on authenticating U.S. documents to be used abroad, please see the Judicial Assistance section of our website.


BRAZILIAN EMBASSY AND CONSULATES IN THE UNITED STATES: 

Brazilian Embassy
3006 Massachusetts Avenue, NW
Washington, DC   20008
Phone: (202) 238-2700
Fax: (202) 238-2827
Website: www.brasilemb.org

Brazilian Consulates are located in the following U.S. cities:  Boston, Chicago, Houston, Los Angeles, Miami, New York, and San Francisco .


U.S IMMIGRATION REQUIREMENTS: As of April 1, 2008, U.S. citizens wishing to adopt in a Convention country must begin the process by filing with the U.S. Citizenship and Immigration Services (USCIS) a form I-800A Application for Determination of Suitability to Adopt a Child from a Convention Country.  Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, USCIS website to download forms and filing instructions.

Parents who do not have an approved I-600A must file their Form I-600 (Petition t Classify Orphan as an Immediate Relative) with the USCIS office having jurisdiction over their place of residence in the United States . In general, a parent who has an approved I-600A may file Form I-600 either in the U.S. or at a USCIS office in the country where the immigrant visa will be issued.   If there is no USCIS office in that country, the I-600 may be filed with the consular section of the U.S. Embassy or Consulate where the adoption case is being processed.


U.S EMBASSY IN BRAZIL : Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section is located at:

Avenida Presidente Wilson, 147, Castelo
Rio de Janeiro RJ 20030-020
Ph: (55) (21) 3823-2000
Fax: (55) (21) 3823-2083
E-mail: IVadoptionRDJ@state.gov


APPLYING FOR A VISA AT THE U.S. CONSULATE IN BRAZIL:  The U.S. Consulate in Rio de Janeiro is the only consulate in Brazil that issues immigrant visas, including adoption visas.  Petitioners should contact the Immigrant visa unit to verify if their I-600A/I-600 approval has arrived and to schedule their child’s immigrant visa interview.  Adoptive parents can file the I-600 at the American Consulate in Rio de Janeiro only if the I-600A has been approved by DHS.   Pre-scheduled appointments are required.  Adoptive parents are asked to be at the Consulate at by 8:00 a.m.  Since wait times vary greatly, adoptive parents should be prepared to spend the day at the Consulate. 

Adoptive parents are required to bring the following documentation to the U.S. Consulate on the day of the visa interview:

• Form I-600 (petition to classify orphan as an immediate relative);
• Form DS-230 parts I and II;
• Original of petitioner’s and spouse’s (if applicable) U.S. passports.  If one of the adoptive parents is not going to be present on the day of the interview, a notarized copy of the data page of the U.S. passport will be necessary;

• Child’s Brazilian passport;
• Original and certified copy of child’s birth certificate (before the adoption), with official translation (if NOT in Portuguese or English);
• Original and certified copy of child’s birth certificate (after adoption), with official translation (if NOT in Portuguese or English);
• Original and certified copy of Adoption Decree with official translation (if NOT in Portuguese or English);
• Medical report on the child, done by one of the doctor’s on the Immigrant Visas Unit’s Panel Physicians list – please contact the U.S. Consulate’s website for this list – www.consuladodoseua-rio.org.br ;
• Affidavit of support (Form I-134 and proof of income – last federal income tax forms, 1040s-for IR-4 cases only);
• Three (3) frontal face pictures of the child;
• Power of Attorney (if the petitioner has not signed form I-600 and will not be present for the interview);
• Immigrant visa application fee in either Brazilian currency or dollars – cash or international credit cards are acceptable (payable at the U.S. Consulate).

 

NOTE: Visa issuance after the final interview now generally takes at least 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.  Adoptive parents should verify current processing times at the appropriate consulate or embassy before making final travel arrangements.


ACQUIRING U.S. CITIZENSHIP: Please see the Child Citizenship Act of 2000 for further information on acquisition of U.S. citizenship for adopted children.

ADDITIONAL INFORMATION:

• U.S. Department of State Office of Overseas Citizens Services - For information on intercountry adoption and international parental child abduction, and security information for U.S. citizens traveling abroad, call Toll Free 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. EST/EDT, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.

• U.S. Department of State Visa Office - For information on immigrant visas for adopted orphans, call (202) 663-1225. Press 1 for additional information on visas, and press 0 to speak to a Visa Information Officer, available 8:30 a.m.  - 5:00 p.m. EST/EDT, Monday through Friday (except Wednesdays 11 a.m. - 12:00 noon)
• U.S. Citizenship and Immigration Services (USCIS) - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
• National Visa Center (NVC) Public Inquiries (603) 334-0700, Email: nvcinquiry@state.gov.
• Country Specific Information - The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at travel.state.gov or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours.
• USCIS web site

 

 

 

 

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