Adoption Investigation
By: Daniel Espitia
Definition:
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities, along with filiation, from the original parent or parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction.
http://en.m.wikipedia.org/wiki/Adoption
Requierments:
Adoption between the United States and Colombia is governed by the Hague Adoption Convention. Therefore to adopt from Colombia, you must first be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).
In addition to these U.S. requirements for prospective adoptive parents, Colombia also has the following eligibility requirements for prospective adoptive parents:
Residency Requirements: There are no residency requirements for intercountry adoptions from Colombia.
Age Requirements: Both parents are required to be 25 years old. In practice, newborns are assigned to younger couples and older children to older couples.
Marriage Requirements: Colombian law allows adoptions by a married man and woman and common law spouses of more than three years. Single men and women are only allowed to adopt children over the age of seven on a case-by-case basis.
Income Requirements: Prospective adoptive parents are required to submit documentation confirming their ability to provide for the adopted child. This requirement may be met by only one parent.
Other Requirements: Gay or Lesbian individual or couple prospective adoptive parents are advised that they should consult with the ICBF regarding Colombia’s legal requirements prior to pursuing an adoption there. In addition, according to Colombian law, both parents must be found "physically and emotionally capable" to adopt.
What does Colombia require of the adoptive parents after the adoption?
Colombian law does not currently have any post-adoption requirements.
What resources are available to assist families after the adoption?
Many adoptive parents find it important to find support after the adoption. Take advantage of all the resources available to your family -- whether it's another adoptive family, a support group, an advocacy organization, or your religious or community services.
Info:
Colombia is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ( Hague Adoption Convention). Therefore, all adoptions between Colombia and the United States must meet the requirements of the Convention and U.S. law and regulations implementing the Convention.
Process:
Colombian Central Authority
BIENESTAR FAMILIAR (ICBF)
THE PROCESS
Because Colombia is a member of the Hague Adoption Convention, adopting from Colombia must follow a specific process designed to meet the Convention's requirements. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order to meet all necessary legal requirements for adoption.
Note: If you filed your I-600A with Colombia before April 1, 2008, the Hague Adoption Convention does not apply to your adoption; it could continue to be processed in accordance with the immigration regulations for orphan adoptions. Learn more.
Choose an Accredited Adoption Service Provider
Apply to be Found Eligible to Adopt
Be Matched with a Child
Apply for the Child to be Found Eligible for Adoption
Adopt the Child in Colombia
Bring your Child Home
Choose an Accredited Adoption Service Provider:
The first step in adopting a child from Colombia is to select an accredited or approved adoption service provider in the United States. Only these agencies and attorneys can provide adoption services between the United States and Colombia. Learn more.
Once prospective adoptive parents decide that Colombia is the nation from which they wish to adopt, they must first contact the ICBF, or an accredited adoption service provider in Colombia, in order to obtain a list of adoption service provider in the United States, nearest to the couple's place of residence, that are accredited by both the Colombian and U.S. Governments.
An accredited adoption service provider will conduct the home study and assist the prospective adoptive parents in preparing the paperwork necessary for Homeland Security, Citizenship and Immigration Services (USCIS).
Note: Many of the documents required for the Form I-800A are the same as those required by ICBF, so it is wise to review both lists to avoid duplicating efforts.
Apply to be Found Eligible to Adopt
After you choose an accredited adoption agency, you apply to be found eligible to adopt (Form I-800A) by the U.S. government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn more.
Please note that if you reside in Colombia, you should contact the U.S. Embassy in Bogotá for instructions. Anyone with questions may contact the embassy any working day from 2:00 p.m. to 3:30 p.m. and ask for the person responsible for processing visas for adopted children.
Once the U.S. Government determines you "eligible" and "suitable" to be an adoptive parent, you or your adoption service provider will forward your information to ICBF in Colombia. The Central Authority will review your application to determine whether you are also eligible to adopt under Colombian law.
Once USCIS has approved the documentation, parents must compile the following list of documents for submission to the ICBF:
Application Form for adoption (this can be provided by the ICBF or found on the ICBF Website);
Birth certificate(s)of the prospective adoptive parent(s);
Marriage certificate or proof of common law relationship of prospective adoptive parents;
Medical examination(s) by Board-certified physicians clearly stating that prospective adoptive parent(s) is (are) mentally and physically capable of caring for a child (or children);
National law enforcement clearance issued by a competent police authority. For U.S. citizens, this consists of a set of fingerprints, and their results, issued by the Federal Bureau of Investigation (FBI). These cards may be requested from the Department of Homeland Security. When completed, the cards for the U.S. records check as well as the USD $85.00 fee and a letter of intent (for adoption purposes) should be sent to the address below. The FBI may take as long as two to three months to return the completed results;
National Visa Center
Fingerprint Unit
32 Rochester Avenue
Portsmouth, New Hampshire 03801
Note: The set of fingerprints submitted previously with the Form I-800A cannot be submitted to the ICBF.
Birth certificates of any children previously adopted by the prospective adoptive parent(s);
Certificate of financial ability and employment letters explaining time of service and monthly salary received in U.S. dollars;
If self-employed, a certified document regarding the parent's(s') financial resources or last income tax return with supporting documents;
Social and psychological study of the prospective adoptive family that establishes physical, mental, moral and social capacity. The home study required by USCIS can fulfill both the U.S. and the Colombian requirements;
If there were previous marriages or partners of the prospective adoptive parent(s), proof of divorce and reasons for such dissolutions should be presented; and
Notarized statement clarifying any changes in name or indicating, "also known as." Generally, Colombian women do not change their names to that of their husbands. As a result, Colombian courts are accustomed to birth certificates, marriage certificates, and passports with no variation in name. If you have documents in both maiden and marriage names, you must submit a notarized statement indicating the reasons for the discrepancies in your documents.
Once the ICBF approves the package of documents, it will be in a position to inform prospective adoptive parents, through their adoption service providers, about the availability of children in need of a family placement and the amount of time it is likely to take to complete an adoption.
Be Matched with a Child:
If both the United States and Colombia determine that you are eligible to adopt, and a child is available for intercountry adoption, the Central Authority in Colombia may provide you with a referral for a child. Each family must decide for itself whether or not it will be able to meet the needs of the particular child and provide a permanent family placement for the referred child. Learn more about making this critical decision.
ICBF will inform the parents, through the adoption service provider, once a child has officially been assigned to them. Medical, social, psychological, and nutritional assessments are provided to the prospective adoptive parents, as well as photographs of the child. Prospective adoptive parents are given two months to make a decision as to whether to adopt that particular child.
Apply for the Child to be Found Eligible for Adoption:
After you accept a match with a child, you will apply to the USCIS for permission to adopt that child (Form I-800, Petition to Classify a Convention adoptee as an Immediate Relative). USCIS will determine whether the child is eligible under U.S. immigration law to be adopted and enter the United States. Learn how.
After this, your adoption service provider or you will submit a visa application for to a Consular Officer at the U.S. Embassy in Bogota. The Consular Officer will review the child's information and evaluate the child for possible visa ineligibilities. If the Consular Office determines that the child appears eligible to immigrate to the United States, he or she will notify the ICBF (Article 5 letter). For Convention country adoptions, prospective adoptive parent(s) may not proceed with the adoption until this takes place.
At this point, you may travel to Colombia to begin the legal process with Colombian authorities. The ICBF or the Colombian adoption agency will assist with obtaining the documents needed to complete Colombian legal procedures.
Remember: The Consular Officer will make a final decision about the immigrant visa later in the adoption process.
Adopt the Child in Colombia
Remember: Before you adopt a child in Colombia, you must have completed the above four steps. Only after completing these steps, can you proceed to finalize the adoption in Colombia.
The process for finalizing the adoption in Colombia generally includes the following:
Role of The Central Authority: Colombian law does not allow for private adoptions. Children may be adopted only through the Colombian Family Welfare Institute (ICBF) and approved adoption agencies. The ICBF will match the child with the prospective adoptive parent(s) and help with obtaining paperwork before the case moves to the Colombian courts.
Role of The Court: The Colombian courts require a letter from the U.S. Embassy in Bogota stating that they will issue an immigrant visa to the child if all adoption and U.S.
Note: Colombian law requires that both adopting parents be physically present when the adoption is presented to a "family judge." No exceptions are made to this requirement.
Role of Adoption Service Providers: Because Colombia is a Convention country, adoption services must be provided by an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider. It is essential that prospective adoptive parent(s) seeking to adopt from a Convention country use an accredited adoption service provider. The Department of State 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.
Time Frame: There is no set time frame for completing an intercountry adoption from Colombia. There are many factors that determine how long the adoption and visa process takes, including paperwork approval times, desired sex and age of the child, and the age of the prospective adoptive parent(s). Adoptive parents have reported the entire process taking 18 to 30 months.
Adoption Application: Prospective adoptive parents must first contact the ICBF or an accredited adoption agency in Colombia in order to obtain a list of adoption service providers in the United States that are accredited by both the Colombian and U.S. Governments.
Adoption Fees: It is difficult to predict how much the entire adoption process will cost as each case has unique circumstances. Adoptive parents have reported spending between $12,000 USD and $20,000 USD. The Colombian passport fee is approximately $30 USD. These expenses should have been itemized in the fees and estimated expenses section of your adoption services contract.
Bring Your Child Home
Now that your adoption is complete, there are a few more steps to take before you can head home. Specifically, you need to apply for several documents for your child before he or she can travel to the United States:
Birth CertificateYou will first need to apply for a new birth certificate for your child, so that you can later apply for a passport. Your name will be added to the new birth certificate. In Colombia, this should be processed at the same time as the adoption decree.
Colombian Passport
Your child is not yet a U.S. citizen, so he or she will need a travel document or passport from Colombia. The court will authorize a new passport, containing the information from the new birth certificate, when issuing the adoption decree.
Please note that as of July 2010, The Colombian Ministry of Foreign Affairs now requires eight business days to issue a new passport. A temporary, three-month validity emergency Colombian passport may be issued sooner, but the fee is higher, about 200,000 Colombian Pesos, or about USD $100.
U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child, you also need to apply for an U.S. visa from the U.S. Embassy in Bogota for your child. After the adoption is granted, visit the embassy for final review and approval of the child's I-800 petition and to obtain a visa for the child. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the Panel Physician's medical report on the child if it was not provided during the provisional approval stage. Learn more.
In order for the U.S. Embassy to issue the letter required by the Colombian family judges that commits the embassy to issuing an immigrant visa under the condition that all adoption and U.S. immigration requirements are met, the embassy needs to have received a Form I-800A (Application for Determination of Suitability to adopt a child from a Convention Country) approved by the USCIS.
Final Adoption Decree (original or notarized copy);
The $400 USD fee for an immigrant visa processed by the embassy,
Copy of Medical Exam: Before an immigrant visa can be issued, all adopted children must have a medical examination performed by the embassy's approved Panel Physician, named below. The cost of this medical examination is approximately $50 USD and must be paid by the parents directly to the physician, not to the embassy. The child's Colombian passport will be required for the medical appointment.
CHILD CITIZENSHIP ACT
For adoptions finalized abroad: The Child Citizenship Act of 2000 allows your child to acquire American citizenship when he or she enters the United States as lawful permanent residents.
For adoptions to be finalized in the United States: The Child Citizenship Act of 2000 allows your child to typically acquire American citizenship when the U.S. state court issues the final adoption decree. We urge your family to finalize the adoption in a U.S. State court as quickly as possible.
*Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.
Why:
Why Adoption
"The child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding…Intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin."
-Hague Adoption Convention, Preamble
Every child benefits from a loving home in deeply profound ways. Intercountry adoption has made this permanently possible for hundreds of thousands of children worldwide. When children cannot remain with a relative, and new parents within their communities cannot be found, intercountry adoption opens another pathway to children to receive the care, security and love that only a permanent family can provide.
