INTERCOUNTRY ADOPTION


ARGENTINA



April 2006


DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

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.

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 office of the appropriate state government agency in the U.S. state where the agency is located or licensed. 

PLEASE NOTE:  Presently, intercountry adoption is not permitted in Argentina. Adoption is restricted to Argentine citizens and permanent resident aliens residing in Argentina.  The following information is for U.S. citizens who permanently reside in Argentina who wish to adopt Argentine children.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Because of the current Argentine government restrictions on intercountry adoption, the U.S. Embassy in Buenos Aires has issued no immigrant visas to Argentine orphans during the past five fiscal years.

ADOPTION AUTHORITY IN COUNTRY:

Secretaria National de la Ninez, Adolescencia y Familia.
Av. Peron 524 piso 1 ( for adoptions)
Tel: 4338-5800 into. 6012

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:
The government of Argentina requires that prospective adoptive parents must be at least 30 years of age if single.  There is no minimum age if married, but the couple must have been married for at least 3 years and have no offspring.  At least one of the prospective adoptive parents must be at least 18 years older than the adoptee.  If a couple can prove that they are physically unable to have a child the court will consider marriages of less than 3 years.

Married couples must adopt jointly, except in the following cases:
a) Legal separation decree
b) Spouse declared mentally incompetent by a court, or
c) Judicial declaration of absence of spouse (presumption of death).

RESIDENCY REQUIREMENTS:  Applicants must be Argentine nationals or permanent resident aliens of Argentina for at least the five years immediately preceding the application for guardianship, which is the first step in the adoption process.

TIME FRAME:  Once the guardianship is granted by the court, it takes between six months and one year to obtain the final adoption decree.

ADOPTION AGENCIES AND ATTORNEYS: There are some private agencies that help with adoption processing. However, adoptive parents must apply directly to the Consejo Nacionalde Niñez, Adolescencia y Familia.

Please see Important Notice Regarding Adoption Agents and Facilitators at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES: There are no fixed fees to conclude an adoption in Argentina.  The filing of the petition for guardianship to lead to adoption is free of charge.  Prospective adoptive parents are responsible for their attorneys’ fees, although some courts do provide free legal assistance.  The judge may set fees for other services rendered.

ADOPTION PROCEDURES IN ARGENTINA:  Biological parents may relinquish their children for adoption only through the courts.   This release is irrevocable and can only be signed at the court by appointment set by a judge at least 60 days after the child's birth.  It cannot be done immediately following the birth.  The law provides for the 60-day window after the birth of the child to allow the birth mother time to think about her decision.   During this 60-day period, the court may review the personal conditions of the biological parents, their age, ability to take care of the child, reasons for the release for adoption and any other considerations and information pertinent to this act.  A judge may request the opinion of, technical advice from, and/or the effective participation of a Defensor de Menores e Incapaces from the  Ministerio Publico de la Defensa  to determine the best interests of the child.


A release by the biological parents will not be necessary in those instances when the child is a ward of the court, already an orphan on the streets, or has been housed in a government institution continuously for more than one year without any indication of interest from the birth parent.

 Prospective adoptive parents must file an application with the court having jurisdiction over their domicile.  In that application, they may indicate their preference for the child’s gender and age, and whether they consider themselves capable to adopt a child with health or other problems.  The prospective adoptive parents’ names will be placed on a single nationwide list by filing date and be made public.  The Consejo de la Niñez, Adolescencia y Familia will inform them when their turn is reached.  Adoptive parents may check his/her status by contacting the Consejo at the address above.

The court will then release a child in guardianship to the prospective adoptive parents. The child will remain under the jurisdiction of the court for the full period of guardianship.  In no case will the child be permitted to depart Argentina.  Application for adoption can only be filed after the guardianship period of not less than six months and not more than twelve months has elapsed.  Birth parents will lose all rights and obligations after that time and these rights will be transferred to the prospective adoptive parents.  The application for adoption must be filed with the court having jurisdiction over the prospective parents' domicile or at the court that granted the guardianship.  The adopted child will be granted the father’s surname or compound father and mother’s surname if requested by the parents.  The adoptive parents may request the issuance of a new birth certificate identifying the adoptive parents as the child’s parents. 

After the adoption is finalized, the parents may apply to the Argentine Federal Police for the issuance of a passport.  See http://www.policiafederal.gov.ar.  To travel outside of Argentina, the child must carry signed written permission from both parents or from the non-traveling parent (if traveling with only one parent).  

By Argentine law, the adoptive parents must inform the child of his/her adoption before the age of 18. (According to the laws of Argentina, adopted children have the right to know their true biological identity and will have access to their adoption file once they have reached the age of 18.)  This is a commitment that the adopting parents must sign at the court at the time the adoption is granted. 

DOCUMENTS REQUIRED FOR ADOPTION IN ARGENTINA:

  • Prospective adoptive parent’s proof of Argentine citizenship or legal permanent residence in Argentina for the last five years.
  • A copy of the prospective adoptive parents’ marriage certificate (if applicable)
  • Evidence of good conduct,
  • Evidence of financial ability

NOTE: Additional documentation may be requested.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.state.gov/m/a/auth/.

ARGENTINE EMBASSY AND CONSULATES IN THE UNITED STATES:

Embassy of Argentina
1600 New Hampshire Ave., N.W.,
Washington, D.C. 20009,
tel. (202) 939-6400.

Argentina also has consulates in Los Angeles, Miami, Atlanta, Chicago, New York, and Houston.


US IMMIGRATION REQUIREMENTS:Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoption can be found on the Bureau of Consular Affairs Web site, travel.state.gov, under “International Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600 Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.

U.S. EMBASSY IN ARGENTINA: 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, https://travelregistration.state.gov/, 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:

4300 Avenida Colombia,
1425 Buenos Aires,
Argentina.

Main Tel: (011)(54)(11) 5777-4533.
Recorded consular information: (54)(11) 4514-1830.
Consular Section Immigrant Visa Unit fax is: (54)(11) 5777- 4448.
Email:   BuenosAires.IV@state.gov
http://argentina.usembassy.gov/

Immigrant visa petition filings for children adopted in Argentina are accepted at the U.S. Embassy in Buenos Aires by appointment only.  Adoptive parents should email the Consular Section’s Immigrant visa unit at: BuenosAires-IV@state.gov to request an appointment or to request information on documentation and other information you will be required to provide at the visa interview.

NOTE:  Adoptive parents should allow at least one week between the day of the final interview and receipt of the adopted child’s immigrant visa package.  The adoptive parents should not finalize their travel arrangements until they are advised that the adopted child’s immigrant visa has been approved and is ready for issuance

ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.

ADDITIONAL INFORMATION: Specific questions about adoption in Argentina may be addressed to the U.S. Embassy in Buenos Aires.  General questions regarding international adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:

  • Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard 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 by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
  • U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

  • Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
  • 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 flier. 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: http://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 by calling 1-202-501-4444.
  • USCIS web site