INTERCOUNTRY ADOPTION




June 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. 

The adoption of children from countries that are party to the Hague Convention must follow the procedures outlined by the Convention, and its U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA).  More information on the IAA and the Convention can be found on our website under Hague Adoption Convention . 

 The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding.  It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only.  Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time.  This flyer reflects our current understanding of the law as of this date and is not legally authoritative.  Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.


THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:

Chile  is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) and with which the Convention is in force for the United States .  


TRANSITION CASES: Under U.S. law, an adoption case involving a Convention country already in process on April 1, 2008 when the Convention entered into force with respect to the U.S. did not/not change into a Hague case on that date. These transition cases will continue to be processed in accordance with the immigration regulations for orphan adoptions which were in effect at the time the case was filed, explained in the State Department Flyer “ How Can Adopted Children Come to the United States ”.

If the Application for Advance Processing of an Orphan Petition (I-600A) or Petition to Classify an Orphan as an Immediate Relative (I-600) was filed before April 1, 2008, then the Convention and the IAA will not apply to that case.  The Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS) considers a case properly filed when USCIS receives an application or petition along with any required filing fee.  The filing date is stamped on the application or petition to show the time and date of actual receipt.   For further information on transition cases, please see the FAQs: Transition Cases and the Hague Adoption Convention.

PLEASE NOTE:  Chilean adoption law gives priority to Chilean families over non-Chilean families.  Most Chilean children available for intercountry adoption are at least four years old.  Not all children eligible for adoption in Chile meet U.S. immigration requirements to receive an orphan visa, so it is important that adopting families consult with the U.S. Embassy in Santiago before beginning any adoption procedures to ensure that the adoption complies with U.S. law.  Under Chilean law, children to be adopted may not leave the country until the adoption is complete.


PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S. : Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Chilean orphans:

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

0

FY 2006

3

FY 2005

5

FY 2004

4

FY 2003

9

 

ADOPTION AUTHORITY IN  CHILE :  SENAME (Servicio Nacional de Menores) is the clearinghouse for adoptions and approves parents who wish to adopt.  Prospective adopting families must contact SENAME first before beginning any adoption proceedings.  SENAME can be reached at:

Servicio Nacional de Menores de Chile (SENAME)
Unidad de Adopción
Huerfanos 587
Santiago, Chile
Telephone: (56)(2) 398-4447
www.sename.cl


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Only married couples between the ages of 25 and 60 can adopt in Chile .  The adoptive parents must both be at least 20 years older than the child being adopted.


RESIDENCY REQUIREMENTS: There are no residency requirements to adopt in Chile .


TIME FRAME:  Intercountryadoptions from Chile normally take about two (2) years from start to finish.  This time is measured from the time the prospective adoptive parents contact SENAME expressing their intention to adopt until the time the adoption is completed.  Reasons for this prolonged length of time vary from availability of children to length of time to obtain hearings.


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 Chile 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 “ A Guide for Prospective Adoptive Parents .”  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 CHILE: The U.S. Embassy in Chile 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 Chile at risk.

Fees vary, but prospective adoptive parents should expect to spend no more than $300.  Prospective adoptive parents should report exorbitant fees to the U.S. Embassy or SENAME.


ADOPTION PROCEDURES:  Families interested in adopting in Chile must apply and be approved by SENAME, which keeps the national registry of children eligible for adoption.  The first stage of the application process is to send SENAME, at the address above, a letter or email that includes both prospective adoptive parents’ names, dates of birth, contact information and any preferences, including the reasons for these preferences, for a child or children.

The children on the national registry have been declared eligible for adoption (susceptible de ser adoptado) by a judge and all parental rights have been terminated.  SENAME matches available children with prospective adoptive parents.  Blood relatives are always given priority, followed by unrelated Chilean families, then non-Chilean families.  Prospective adoptive parents do have the right to decline a specific match, which they would do by simply notifying SENAME.  Prospective adoptive parents should consider carefully declining a specific match as they will be required to begin the process again and will have to explain, in detail, the reason for their declination.

After a child is successfully matched with a family, there is a wait to obtain a hearing with a judge.  The normal wait time is between 6 to 12 months.  At the hearing, the judge may determine that the prospective adoptive parents need to provide further documentation, but all of the stated required documents would have already been submitted and in the adoption file (see below “Documents for Adoption in Country”).  Either SENAME or one of the approved adoption agencies must be present at the hearing, along with both prospective parents.  The child is not normally present for the adoption hearing. 

Note:  It is extremely hard to obtain a duplicate certified copy of the adoption decree – it is highly recommended that parents ask for an extra certified copy while present at the hearing.

Once the adoption is approved, the judge will inform the civil registry and provide the information for a new birth certificate, with the adoptive parents' names.  This part of the process can take between 15-30 working days.  The new birth document is used to obtain a Chilean identification card (also known as a R.U.T. number), which is required to obtain a Chilean passport.  This part of the process can take between 15-30 working days as well.  Typically adoptive parents will remain in Chile for one to two months to complete the adoption process.


DOCUMENTS REQUIRED FOR ADOPTION IN COUNTRY: The following documents are required by SENAME after the initial letter or email from the prospective adoptive parents is received.  They will not accept these documents with the initial letter or email.  Prospective parents will receive a letter from SENAME acknowledging receipt and asking for the following documents below.  Once the package of documents is received, SENAME will begin the process of matching a child; 

  • Birth certificates and marriage certificate of the prospective adoptive parents;
  • Certificate issued by a Chilean Consul in the U.S. that states that the parents have met all U.S. adoption requirements;
  • Favorable home study conducted by an accredited agency in the U.S. ;
  • Physical and psychological exams demonstrating the well-being of the parents;
  • Proof of parents’ financial situation, i.e., ability to successfully support the child;
  • Recent photographs of each of the prospective adoptive parent(s);
  • Three notarized letters of recommendation from U.S. community, religious or other governmental authorities;
  • Since all Immigrant Visas issued in Chile will be IR-3 visas, the U.S. Embassy will issue a certificate stating that the child is eligible for U.S. citizenship automatically after he/she legally enters the U.S. with an immigrant visa.  In order to obtain this certificate, adopting parents and/or their agent must come to the Embassy Monday, Wednesday or Friday morning between 8:30-11:00am. 

 

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.


CHILEAN EMBASSY AND CONSULATE IN THE US   :

Embassy of Chile
1732 Massachusetts Avenue, N.W.
Washington, DC 20036
Tel: (202) 785-1746
Fax: (202) 887-5579
http://www.chile-usa.org

Chile also has consulates in Chicago, Houston, Los Angeles, Miami, New York, Philadelphia, San Francisco, and San Juan


 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 (www.uscis.gov) to download forms and filing instructions.


U.S. EMBASSY IN CHILE : 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:

Consular Section - Immigrant Visas
Avenida Andrés Bello 2800
Santiago, Chile
Tel: (56)(2) 335-6550
Fax: (56)(2) 330-3005
Web site: http://www.usembassy.cl
Email: SantiagoVisa@state.gov
Public Service Hours: Mondays and Thursdays, 8:30 a.m. to 11:30 a.m.
I-600 Petition filing: Monday through Friday, by appointment


APPLYING FOR A VISA AT THE U.S. EMBASSY IN COUNTRY:  Prospectiveadoptive parents who are traveling to Chile to finalize an adoption should send an email to: santiagoimmigration@state.gov to inform the U.S. Embassy Santiago of their impending trip.  Once the adoption is completed and the documents listed below are all ready, adoptive parents should appear at the U.S. Embassy on Monday, Wednesday or Friday between 8:30 a.m. and 11:00 a.m.

Note: adopted children need not come for this initial appearance.  At this point, the documents will be reviewed and the U.S. Embassy will discuss with the parents any final details needed. 

Then, the U.S. Embassy will set up the final interview date and give the letter needed for the child to go to obtain his/her medical exam.  This interview date is typically within 3-5 working days from the initial appearance.  The child will need to be present on the final interview date. 


NOTE: Visa issuance after the final interview now generally takes the minimum 1-2 days 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.

Documents needed for Immigrant Visa;

  • I-600 Petition (Petition to Classify Orphan as an Immediate Relative) or the I-800 Petition (Petition to Classify Convention Adoptee as an Immediate Relative) if it has not been filed directly with the USCIS.  As both parents must sign the I-600, if one parent is not present at the time of filing, it must be signed ahead of time (please see note below about Chilean immigration requirements if one parent plans to travel alone with an adopted child). The applicant will need the I-800 for cases that are filed after April 1, 2008.
  • Child’s Chilean passport.
  • Four (4) passport photos (5 x 5 cm. with white background).
  • Forms DS230 Part I and II (which can be found on www.travel.state.gov).
  • Child's birth certificate legalized by the Ministry of Justice and Foreign Affairs and an English translation.\
  • Adoption decree legalized by the Ministry of Justice and Foreign Affairs and an English translation.
  • Suceptibilidad de adopción (document that proves the child’s eligibility for adoption) legalized by the Ministry of Justice and Foreign Affairs and an English translation.

At the FINAL interview, the Medical examination and any other documents not submitted previously will be required.

Chilean Immigration upon Departure - Immigration departing from Chile is quite different than other countries.  Adoptive parents must be aware of special procedures required if both adoptive parents will not be present at the immigration counter at the airport.  For example, if one parent departs before another, the child is traveling alone, or parents take separate flights.  The parent traveling with the child must have a notarized authorization from the other parent to take the child out of Chile – this notarized authorization must be done at an approved Chilean notary.  There are many notaries throughout Chile , if assistance is required locating one, please send an email to: santiagoimmigration@state.gov .  For further information on Chilean requirements on taking children out of Chile , please visit www.investigaciones.cl .


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