INTERCOUNTRY ADOPTION


EL SALVADOR



August 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 at travel.state.gov on the Children and Family pages on intercounry adoption.

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:

El Salvador 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) consider 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.


IMPORTANT NOTE: The process for international adoptions in El Salvador can be lengthy and complicated for prospective adoptive parents.  The Salvadoran authorities responsible for administering adoptions are aware of the difficulties posed by the current process but disagree on whether current procedures should be amended.  Some local officials are attempting to streamline the current adoption process, but others prefer to leave current practices unchanged.  This causes the country's procedures to be applied inconsistently, and the experience of one adopting couple or parent may not be the same as that of another couple or adopting single parent. 


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

Fiscal Year       Number of Immigrant Visas Issued
FY 2007                                 16
FY 2006                                 15
FY 2005                                 16
FY 2004                                 16
FY 2003                                   6


ADOPTION AUTHORITIES IN EL SALVADOR:  Several Salvadoran governmental bodies are involved in the adoption process.  These include the Family Courts, the Procuraduría General de la República (PGR or Public Defender's Office) and The Salvadoran Institute for the Development of Children and Adolescents (ISNA).  The PGR is responsible for family welfare law in El Salvador.  ISNA is also responsible for the care of orphans and other children in government custody.  Representatives from ISNA and the PGR oversee international adoptions in El Salvador's adoption central authority, called the Oficina Para Adopciones (Office for Adoptions or OPA).  Information regarding Salvadoran laws and procedures for the purposes of adoption may be obtained by contacting:

Oficina Para Adopciones
Coordinador OPA
Procuraduría General de la República
9ª. Calle Poniente y 13 Ave. Norte, Torre PGR,
Centro de Gobierno
San Salvador, El Salvador
Phone (503) 2231-9418 - 2231-9424 or 2231-9412


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Under Salvadoran law, married adopting parents who are not Salvadoran citizens must:

Foreign, married couples wishing to adopt in El Salvador must:

  • both be over 25 years of age;
  • be married for at least 5 years and the elder spouse must be at least 25 years of age.
  • There must be a minimum of 15 years difference in age between the adopting parents and the child
  • Parents adopting a child under one year of age cannot be older than 45.
  • Single individual may adopt in El Salvador if they are at least 25 years old and at least 15 years older than the child to be adopted.
  • demonstrate that they are financially, morally, mentally, and physically able to provide for the adopted child.

Each applicant for adoption in El Salvador must also provide documentation that includes, but is not limited to, the following:

  • birth certificate;
  • marriage certificate;
  • criminal background check;
  • evidence of the adopting parents' financial situation;
  • health certificates for the adopting parents, and the child to be adopted;
  • home and psychological studies by an authorized state agency addressing family relations, moral attitudes, social behavior, finances, and the physical and psychological health conditions of the adopting parents (the family must also provide photos of the exterior and interior of their home);
  • certification from the adoptive parents' state of residence stating that they meet the legal requirements to adopt and that the state will monitor the welfare of the child after adoption;
  • proof of legal residence in the country of intended residence, as well as certified copies of the adopting parents' passports;
  • a statement identifying who will be responsible for the adopted child in the absence of the adoptive parents due to illness, disability or death;
  • certified copies of the birth and health certificates of any biological or adopted children of the adopting parents.



RESIDENCY REQUIREMENTS: Under Article 176 of the Salvadoran Family Code, adoptive parents who wish to adopt a particular child who is not related to them must be prepared to reside with the child in El Salvador for at least one year prior to finalization of the adoption.  To satisfy this requirement, the adoptive parent(s) must be appointed the foster parent(s) of the child by ISNA prior to the beginning of the one year co-residency.

Although personnel at the U.S. Embassy in San Salvador are familiar with some cases in which this requirement was not applied, the Government of El Salvador is now enforcing the co-residency requirement in most cases involving the adoption of a particular child.  U.S. citizen missionaries, Peace Corps Volunteers, contract employees and other relatively long-term residents in El Salvador are not exempted from the one year co-residency requirement as a formally decreed foster parent.    


TIME FRAME: Salvadoran adoption procedures can take 18 to 36 months to complete. This does not include the time necessary for the U.S. Embassy to complete its own investigation, as required by immigration regulations.  Because adoption fraud in El Salvador has taken a variety of forms, an investigation of each adoption is necessary to ensure that the child is an orphan, as defined by U.S. immigration law, and that the birth mother is aware that the child is being adopted irrevocably and will be taken from the country.  Investigation times vary depending upon the complexity of each case.


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.

Because El Salvador 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) at .  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.


ADOPTION FEES IN EL SALVADOR: The U.S. Embassy in El Salvador 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 El Salvador at risk.

The costs of adopting a Salvadoran child and taking him or her to the United States can vary considerably, depending primarily on the length of time required to complete the adoption process and the fees charged by Salvadoran attorneys.  The costs listed below are neither comprehensive nor unchanging but are provided to give prospective adopting parents a general idea of the financial outlays required.

Costs in El Salvador:

  • Salvadoran Attorney's Fee:  typically $3,000 - $10,000
  • Medical Examination for the Child:  $250 - $600 (includes vaccinations for all children and x-rays for children between 14 and 16 years of age)
  • U.S. Immigrant Visa Fee: $400
  • Salvadoran passport fee:  $10
  • Photos for U.S. Immigrant Visa:  $5
  • Room for two adults for one night at the Hilton Princess or Sheraton Presidente Hotel:  approximately $170

(Note:  While the Salvadoran government charges no fees for the services it provides in the adoption process, municipal and other authorities do charge for the documents and services they provide.  These fees typically are included in the Salvadoran lawyer's fee.  The prospective adopting parents should confirm with their Salvadoran attorney whether the attorney's fees will cover these additional costs.)


ADOPTION PROCEDURES:  Salvadoran law states that a child under 18 years of age may be eligible for international adoption if the child is abandoned or orphaned and a family court determines that the adoption is in the best interest of the child.  Salvadoran law also permits the adoption of a child over 18 who is under the care of a parent or relatives if a court determines the adoption is in the child's best interest.  However, prospective adopting parents should bear in mind that foreign adoptions of children over 16 years of age are not valid for immigration purpose for the U.S. Foreign adoptive parents must formally adopt Salvadoran children in El Salvador, in accordance with Salvadoran laws and procedures, before taking the children out of the country to live.  The Supreme Court of El Salvador advises that the granting of guardianships to prospective foreign adoptive parents for the purpose of allowing children to leave El Salvador for subsequent adoption abroad is prohibited. OPA investigates the circumstances of an orphaned or neglected child's family and seeks to find a close relative who may be willing to care for the child.  Once satisfied that adoption is in the child's best interest, OPA determines which prospective adoptive parents are suitable matches for the child. 

A committee composed of representatives of the Public Defender's Office, and ISNA then determines whether a specific child may be adopted by a particular set of parents.  Once the committee makes an affirmative decision, the Public Defender signs the approved adoption petition.  The case then goes to a Salvadoran judge, who rules on whether or not the court will issue a final adoption decree.  In order for the adopted child to be eligible for a U.S. immigrant visa, the adoptive parents must obtain this decree.
 
Once the court issues a final adoption decree, municipal authorities in the town where the child's birth was registered cancel the original birth certificate and issue a new birth certificate naming the adoptive parents as the child's parents.  The new birth certificate becomes part of a bound record book kept at the Alcaldia (city hall).


DOCUMENTS REQUIRED FOR ADOPTION IN EL SALVADOR: 

U.S. Documents

Each of the US Documents listed below must be either authenticated at a Salvadoran Embassy or a Salvadoran Consulate or apostilled by the competent authority of the adopting parents' country. 

 For more information on authenticating U.S. documents to be used abroad, please see the Judicial Assistance section of the Department of State website.

U.S. documents listed below must also be translated into Spanish by an individual appointed for that purpose by a Salvadoran notary public (as stipulated in Article 24 of the "Ley del Ejercicio Notarial de la Jurisdicción Voluntaria y de Otras Diligencias")

  • Certified birth certificate for the adopting parents;
  • Certified marriage certificate for the adopting parents;
  • Police clearance from the adopting parents' municipality;
  • Documentation of the adopting parents' financial situation (salary statements, bank accounts, etc.);
  • Home study completed by an agency authorized to conduct such a study in the domicile of the parents.  The home study completed for the I-600A/I-600 or I-800A/I-800 will fulfill this requirement;
  • Health certificate for the adopting parents;  
  • Certification issued by the adoptive parents' state Department of Health and Human Services, or institution for the protection of children, or an equivalent public entity stating that the adopting parents meet the legal requirements of that state to adopt and that the state will monitor the welfare of the child after adoption. 
  • The adoptive parents must submit a statement identifying who will be responsible for the adopted child in the absence of the adoptive parents due to illness, disability or death. 
  • Certified copies of the adopting parents' passports;
  • If the adopting parents have biological or adopted children, they must include certified copies of their birth and health certificates for each of them;
  • Photographs of the exterior and interior of the house of the adopting parents.

Salvadoran Documents:

  • Photocopy of the identity card and certified birth certificate of the Salvadoran attorney;
  • Health certificate for the child to be adopted;
  • Photographs of the adopting parents, adopted child, attorney;
  • Power of attorney for a specified Salvadoran lawyer to represent the adopting parents.  This power of attorney must be executed before a Salvadoran notary public or by a Salvadoran Consul at a Salvadoran Embassy or Consulate.  The power of attorney must specifically authorize the attorney to perform all necessary steps in the adoption process from beginning to end before the Public Defender's Office (PGR) and the Salvadoran Institute for the Development of Children and Adolescents (ISNA).  Including, but not limited to: the power to initiate judicial proceedings before a family court and having jurisdiction over the habitual residence of the adoptee.  The power of attorney must also authorize the attorney to perform the registration of the corresponding adoption certificate and migration and visa paperwork of the minor once the adoption is approved.
  • The designated Salvadoran lawyer must present two files of all the documentation, (one with the originals and the other with copies certified by the above mentioned appropriate Salvadoran notary public.  If the files exceed two hundred pages, both files must be divided in halves with a closing and opening statement from the notary attached to the divided files.  The Salvadoran attorney must comply with the requirements stipulated in Article 42 of the Salvadoran Family Code of Proceedings.



SALVADORAN EMBASSY AND CONSULATES IN THE UNITED STATES:

Embassy of El Salvador
Consular Section
1400 16th Street, Suite 100, N.W.
Washington, D.C, 20036
Tel: (202) 595-7500
Fax: (202) 232 3763
Email: correo@elsalvador.org
http://www.rree.gob.sv/sitio/sitiowebrree.nsf/pages/sembajadasconsulados_norteamerica.

Salvadoran Consulates are established in the following metropolitan areas:  Atlanta, Boston, Chicago, Dallas, Elizabeth (NJ), Houston, Las Vegas, Los Angeles, Santa Ana-California, Woodbridge-Virginia, Duluth-Georgia, Miami, New York, Long Island-New York, Nogales (AZ), San Francisco, and Washington, D.C.  Contact information for these consulates can be found at the web site listed above.


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.


U.S. EMBASSY IN EL SALVADOR: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department's travel registration section of our 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 U.S. Embassy in San Salvador is located at:

Final Boulevard y Urb. Santa Elena
Antiguo Cuscatlán, La Libertad
Tel. (outside the El Salvador): 011+503-2501-2999 within El Salvador: 2501-2999
Fax: (503) 2278-6020
E-mail: AdoptSanSal@state.gov


APPLYING FOR AN IMMIGRANT VISA AT THE U.S. EMBASSY IN EL SALVADOR: 

Once the Salvadoran adoption process is complete and the adoptive parents are in possession of all the documents listed above, they should contact the U.S. Embassy's in San Salvador at AdoptSanSal@state.gov  to schedule a visa interview appointment. 

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.


THE U.S. CITIZENSHIP AND IMMIGRATION SERVICES IN SAN SALVADOR: The office of the U.S.: Citizenship and Immigration Services (USCIS) that is located with the U.S. Embassy in San Salvador will accept I-600 or I-800 petitions from U.S. citizen adoptive parents if the home study conducted in the United States was previously completed and a certified copy is enclosed with the petition and if the adoptive parents authorize the local USCIS office to fingerprint them.


DOCUMENTS NECESSARY FOR APPLYING FOR A VISA FOR YOUR CHILD AT THE U.S. EMBASSY IN EL SALVADOR:   Since each case is different, it is possible that the Embassy will request additional documents after a preliminary review of the application and documents submitted by the prospective adoptive parent(s).  For processing the child's immigrant visa application, the following original documents are necessary:

  1. Child's original birth certificate with the name of biological mother;
  2. Child's new birth certificate with the child's new name and name of adoptive parents;
  3. Final court decree of adoption and all supporting documents;
  4. Intermediate decrees of adoption;
           a. Decree from OPA
           b. Decree from the PGR 
           c. Decree from ISNA
  5. Certified document in writing by all known parents irrevocably and unconditionally releasing the child for adoption and emigration;
  6. Power of attorney designating the Salvadoran lawyer to represent the adoptive parents;  
  7. Form I-600 (Petition to Classify Orphan as an Immediate Relative) or I-800 (Petition to Classify a Convention Adoptee as Immediate Relative);
  8. Form I-604 (Request for and Report on Overseas Orphan Investigation);
  9. Form DS-230 Part 1 and Part 2 (Application for Immigrant Visa and Alien Registration);
  10. Medical exam Form DS-157;*
  11. Child's Salvadoran passport with the adoptive parents' last name;
  12. Two front face photo, size 2" X 2" of the child's face, against a white background;
  13. Adoptive parent's income tax forms for the most recent filing year;
  14. Adoptive parent's affidavit of support (Form I-134) notarized by a U.S. notary or a   Consular Officer at the U.S. Embassy-San Salvador.
  15. Visa fee: $400.

*The examination by an Embassy-designated Panel Physician is designed to comply with specific visa regulations and is not intended to be a fully inclusive physical examination.  If adoptive parents wish to consult a pediatrician for a more complete physical exam, or for any health problems, the U.S. Embassy provides a current list of doctors and sources for medicines at: http://elsalvador.usembassy.gov/consular/english/visaim/medicalcenters.html .

Note: Visa issuance after the final interview generally takes 24 hours.  The Embassy normally cannot provide the visa to adoptive parents on the day of the interview.


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