Intercountry adoption

June 2008

Venezuela 

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:

Venezuela 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.) does 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 and are 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.

Please note: Venezuelan law does not allow for private adoptions.  To apply for an international adoption, a U.S. citizen living in the U.S. has to go through the U.S. Central Authority (U.S. Department of State, Bureau of Consular Affairs, Office of Children’s Issues) and they will send the request to the Venezuelan Central Authority (Ministry of Foreign Affairs or MFA).  The MFA will then send it to the Venezuelan Adoption Authority which is the "Consejo Nacional de Derechos del Niño y Adolescente" CNDNA, (National Council for Children & Adolescent Rights). 

According to Venezuelan law, before an international adoption is approved priority will be given as follows:

1. Relatives
2. Friend of relatives
3. Venezuelans with domicile in Venezuela
4. International Adoption

Every adopted child must have a pre-approved adoption in order to leave Venezuela.  After a year of living as a family, a family judge will decide upon the final adoption decree.

Adoption Authority in Venezuela:

The Venezuelan Central Authority is The Ministry of Foreign Affairs (MFA). The MFA will then send requests to the Adoption Office in the "Consejo Nacional de Derechos del Niño y Adolescente" (CNDNA).

Venezuelan Central Authority: Ministry of Foreign Affairs (MFA):

Ministerio del Poder Popular de  Relaciones Exteriores
Dirección General para Relaciones Exteriores
Avenida Urdaneta con Esquina Carmelitas
Caracas-Venezuela
Phone: (58-212) 806-4504

Consejo Nacional de Derechos del Niño y Adolescente (CNDNA)
venida Francisco de Miranda, Edificio Mene Grande, Torre B, Piso 2
Caracas-Venezuela
Phone: (58-212)287-0005/0757

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.

Because Venezuela 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 (PDF 2.77MB)”. 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 http://www.hcch.net/

Time Frame: It is hard to predict how long an adopting family should expect for the adoption to be completed.  There are many factors that determine how long the adoption and immigrant visa process takes, including how long it takes to have paperwork approved in the United States and in Venezuela.  In addition, factors including the desired sex and age of a child play a role, as well as the age of the prospective parents. In light of these factors, however, we may say it is a lengthy procedure.

Adoption Fees in Venezuela: The U.S. Embassy in Venezuela 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 Venezuela at risk.

The international adoption process in Venezuela is free of charge.  However, fees are incurred if a private attorney is hired and in the immigrant visa process.  Therefore, it is difficult to predict how much the entire adoption process will cost as each case has unique circumstances. 

Adoption Procedures:

1. Once an adoptive couple has decided that Venezuela is the country from which they wish to adopt, they must first contact the U.S. Central Authority in order to obtain a list of adoption agencies in the United States, nearest to the couple’s place of residence, that are accredited by the Venezuelan Government.  One of these adoption agencies in the United States will perform the home study and will assist prospective parents in preparing the Form I-800A (Application for Advance Processing of Orphan Petition), if not completed previously, and its supporting documents for approval by the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) division.
2. Once the I-800A has been approved by DHS, parents must compile the list of documents, below, for submission to the Venezuelan Central Authority.  Once the package of documents is approved by CNDNA, it will alert the Venezuelan Central Authority, the Ministry of Foreign Affairs (MFA).  The MFA will then inform the U.S. Central Authority, which contacts prospective adoptive parents about the availability of children in need of a family placement and the amount of time it is likely to take to complete the adoption.  This timeline will depend on several factors, including the parent’s age, the desired sex of the child, age of the desired child, and how many children are available at the time.  Medical, social, psychological, and nutritional assessments are provided to the parents.
3. After the parents are informed that they have been assigned a child, they then travel to Venezuela to begin the legal process with Venezuelan authorities.  The CNDNA will assist the family with obtaining the documents needed to complete the Venezuelan legal procedures.
4. Once all the Venezuelan legal proceedings are complete the family is ready to visit the U.S. Embassy to apply for the immigrant visa used to travel to the United States.  Please refer to the list below of specific documents required on the day of the immigrant visa interview.  The Embassy Immigrant Visa Unit is open Monday through Friday, except Venezuelan or U.S. holidays, from 8:30 a.m. to 11:00 a.m.  Requests for appointments can be made by emailing the Immigrant Visa Unit at: ImmigrantCaracas@state.gov.

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) an I-800A petition, 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’s USCIS website (www.uscis.gov) to download forms and filing instructions.

Documents to bring to the U.S. Embassy - Filing the Petition:

The following is a list of the documents required by the U.S. Embassy in order to process immigrant visas for Venezuelan children who have been adopted by U.S. citizens:

1. Proof of United States citizenship from the Petitioner (valid U.S. passport and U.S. birth certificate or Consular Report of Birth Abroad or U.S. naturalization certificate), originals and copies;
2. Child’s passport and one copy of the passport’s biographic information page;
3. Payment of U.S $355 or the equivalent in local currency (Bolivares Fuertes), per applicant (cash only);
4. Form I-800:  "Petition to Classify an Orphan as an Immediate Relative." This form has to be filled out completely, signed by both adoptive parents and filed with the U.S. Embassy before the child reaches his/her sixteenth (16) birthday;
5. Child's Birth Certificates (originals or authenticated copies):  All visa applicants must have their original birth certificate and a photocopy; Venezuelan birth certificates must be on sealed paper (papel sellado) and must be legalized (Hague Convention Apostille). See the Venezuelan web site for the requirements (www.mre.gov.ve);
6. Abandonment Decree or Custodial Parent’s Release (original or authenticated copy): This document should have the Venezuelan Family Welfare Institute's (ICBF) approval. Along with one simple copy of the decree;
7. Approved I-800A: Proof of approval by USCIS of the I-800A petition, Application for Determination of Suitability to Adopt a Child from a Convention Country

Documents to bring to the U.S. Embassy - The Interview:

Once the I-800 is approved an appointment can be made for the interview once the following requirements are ready.

Fees: The total fees for an Immigrant Visa are $400 dollars or the equivalent in local currency (Bolivares Fuertes). Each applicant must be prepared to pay this fee, in cash or with a credit card that accepts USD charges, at the time of interview. The fees will be paid with the Embassy Cashier on the date of interview. If the petitioner has already paid the fees to the National Visa Center (NVC) in the U.S., please bring a copy of the receipt.  The $400 fee is non-refundable.

Instructions on scheduling an interview can be found below. Each applicant must appear in person on the day of the interview. The following should be presented at the time of interview:

1. Color Photograph: Three (3) color photographs with white background, with a front view Size: 5cm x 5cm.
2. Passport: Passports must be in good condition. Passports must be valid and must have at least six months validity beyond the issuance date of the visa. The passport must not have a lapse of more than 5 years between renewals. Children must have their own passports. All Applicants must bring any and all previous passports and/or passports from another nationality.
3. Forms: Biographic data forms DS-230 Part I & Part II http://www.state.gov/documents/organization/81807.pdf (PDF 175KB)
4. Medical Examinations: Forms DS-2053, 3026, 3025, 3024. Medical examinations are valid for six (6) months only. A U.S. Embassy Panel Physician must be used.
5. Evidence of Support: Form I-864 (Affidavit of Support) must be submitted for family- based applicants. The petitioner’s federal income tax return (1040) and W-2 from the last three years must also be included. An additional sponsor may be submitted if needed. Any “co-sponsor” must also fill out the I-864 and submit tax documents as well. Sponsors must be domiciled in the Unites States.
6. Birth Certificate: All applicants must have their original birth certificate and a photocopy. Venezuelan birth certificates must be on sealed paper (papel sellado) and must be legalized (Hague Convention Apostille) see the Venezuelan web site for the requirements (www.mre.gov.ve). In the case of adoptions we must have both birth certificates – the one before the adoption and the one after.
7. Final Adoption Decree (original or authenticated copy): Along with one simple copy of the decree.
8. Travel Authorization: Both parents have to be present the day of the interview. A travel authorization is required in case one of the parents is not able to appear in person the day of the interview.
9. Marriage Certificate: Applicants must have original and one photocopy of marriage certificate, if applicable.
10. Divorce decree, Death Certificate or Annulment: Proof of the termination of any previous marriage(s) must also be submitted (e.g. death certificate, final decree of divorce or annulment). If applicable.
11. Military Records: Original and copy, if applicable.
12. Police Certificate: Required for all applicants from any country where the applicant lived more than twelve (12) months after the age of sixteen (16), for Venezuelan (Antecedentes Penales) see the Venezuelan web site for the requirements (http://www.mpprij.gob.ve/)
13. If you have been deported or have a voluntary departure, bring all your support documents related to your case. Also, if you have lived in the U.S. for more than six (6) months please bring all authorized extension documents issued by USCIS.

Courier Fee: All approved applicants must pay a fee to the courier service who will deliver the passport, visa and all additional documents after the interview. The passport visa and documents will be returned to a Venezuelan address. It normally takes 5-10 working days.

Appointments must be made through our email address at: ImmigrantCaracas@state.gov.

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.