Difference between revisions of "How to Adopt from Nicaragua"

Latest revision as of 23:05, 5 March 2015

A Nicaraguan boy.
Source: flickr.com.

Adoption Authority

Nicaragua's Adoption Authority

Ministry of the Family (MiFamilia) - their guidelines (Spanish)

Adoption Law (Ley de Adopción) - guiding document (Spanish)

The Process

The process for adopting a child from Nicaragua generally includes the following steps:

Choose an Adoption Service Provider
Apply to be found eligible to adopt with U.S. Citizenship and Immigration Services (USCIS): file an I-600A
Be matched with a child
Adopt the child in Nicaragua (expected time frame in country: 12-18 months)
Apply to find your child eligible for adoption: I-600
Apply at the U.S. Embassy in Managua for your child's immigrant visa

1. Choose an Adoption Service Provider:

The first step in adopting a child from Nicaragua is usually to select a licensed agency in the United States that can help with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. Learn more about choosing the right agency.

2. Apply to be Found Eligible to Adopt: I-600A:

To bring an adopted child from Nicaragua to the United States, you must apply to be found eligible to adopt (Form I-600A) by USCIS.

Nicaragua's Ministry of the Family will verify that the prospective adoptive parent(s) have been approved by USCIS to adopt a child from abroad and that they have translated and notarized copies of the home study conducted in the United States. In addition to meeting the U.S. requirements for adoptive parent(s), you need to meet the requirements of Nicaragua as described in the "Who can adopt" section of this flyer.

The I-600A is valid for 18 months from the approval date and can be extended once prior to its expiration for an additional 18 months at no extra charge. If the adoption is not completed before the extension of the I-600A expires the prospective parents will have to file a new I-600A and pay the fee.

3. Be Matched with a Child:

If you are eligible to adopt, and a child is available for intercountry adoption, the Ministry of the Family will place you on a waiting list until a child is identified. It is important to note that the Ministry of the Family will go through a number of steps to ensure that the child has been abandoned and that no biological family members are willing to take in the child. During this time, you will remain on the waiting list pending further processing. The Ministry of the Family will then provide you with a referral to an eligible child. Each family must decide for itself whether or not it will be able to meet the needs of a particular child and provide a permanent family placement for the referred child. Learn more about making this critical decision.

The child must be eligible to be adopted under Nicaragua's requirements, as described in the "Who" section of this flyer. The child must also meet the definition of an orphan under U.S. immigration law. Learn more.

4. Adopt the Child in Nicaragua:

Many prospective adoptive parent(s) hire a Nicaraguan attorney to assist them in initiating and completing the adoption process with the Ministry of the Family. This is advisable due to the complexity of the Nicaraguan legal system and the shortage of English speakers. A list of attorneys is available from the U.S. Embassy in Managua.

FEES: The Ministry of the Family does not charge a fee for adoptions. Typical associated charges for the process will include personal legal fees and fees for obtaining notarized legal documents. These fees generally range from $1,200 to $1,500 USD. Due to the required 3- to 6-month fostering period in Nicaragua, also consider the cost of living in Nicaragua during that time period and the potential time away from work.

TIMELINE: The process for finalizing the adoption in Nicaragua generally follows this path and can take 12-18 months to complete in-country.

PRIMARY APPLICATION: The adoptive parent(s) file an application with the Ministry of the Family stating their intent to adopt from Nicaragua.

DOCUMENTS REQUIRED: The following documents are required:

1. Notice of approval (I-171H) issued by USCIS;

2. Home study (I-600A fulfills this requirement);

3. Letter addressed to Dra. Maria de los "ngeles Reyes, Directora General de Adopción (Director General for Adoptions);

4. Birth certificate(s) of prospective adoptive parent(s);

5. Marriage certificate of prospective adoptive parent(s) (if applicable);

6. Medical examination of prospective adoptive parent(s);

7. Letter(s) of employment for the prospective adoptive parent(s);

8. U.S. police record (FBI fingerprints fulfill this requirement);

9. Psychological evaluation by a U.S.-based adoption agency;

10. Two 2" x 2" color photographs of the prospective adoptive parent(s) with a white background.

A letter from a U.S.-based adoption agency indicating that it will follow-up with the case in the United States once the adoption has been completed in Nicaragua. Nicaragua's Ministry of the Family requires a U.S.-based adoption agency to conduct at least two family visits during the first year after the adoption and to report on the welfare of the child. These reports need to be sent directly to the Ministry of the Family's adoption advisory council ( Consejo de Adopción)

NOTE: Documents with a * next to them must be authenticated for use abroad. Learn how to get documents authenticated for use abroad. Additional documents may be requested.

CONSEJO DE ADOPCIÓN:Once all the data is evaluated and necessary investigations performed, the case is presented to the Ministry of the Family's Consejo de Adopción for a decision on the parent(s)' eligibility to adopt. At this time they will match the parent(s) with a child available for adoption in Nicaragua.

FOSTERING PERIOD: Once the primary application is approved, the prospective parent(s) will enter a mandatory three- to six-month fostering period in Nicaragua with the child. During this period, at least one of the adoptive parent(s) must live with the child and provide all physical and emotional support for the child. Often parent(s) who are not normally resident in Nicaragua choose to stay in an extended-stay hotel in Nicaragua or rent a home. Delays are possible during this time period.

SECOND CONSEJO DE ADOPCIÓN: Once that period is successfully completed, the Consejo de Adopción will meet again for a final decision on the adoption. If the adoption is approved by the Ministry of the Family, it will move forward to court approval.

COURT DECISION: Once the Ministry of the Family approves the adoption, the decision is then sent to a judge to formally order the final adoption decree, usually within two weeks after the final council approval. The judge has the authority to deny a case when there is a concern for the child's welfare. The Nicaraguan court issues the final adoption decree.

RECEIVE NEW BIRTH CERTIFICATE AND NICARAGUAN PASSPORT: When the final adoption decree is issued by the Nicaraguan court, you will be able to obtain a birth certificate (at least two original copies are recommended) from the Central Registry in Managua with the adoptive parent(s) surnames. You should also receive a Decree of Abandonment for the child.

Your child is not yet a U.S. citizen, so he or she will need a Nicaraguan passport. As soon as the new birth certificate has been issued, a passport should be obtained from Nicaraguan Immigration (approximately $20 USD). The normal turnaround time for a Nicaraguan passport is one to two weeks. Expedited same-day passport service is generally available for an extra charge (approximately $20 USD). Parent(s) will also need to obtain an "exit visa" from Nicaraguan Immigration in order to leave the country with the child (approximately $20 USD). The Nicaraguan exit visa is valid for 30 days and parents should wait until after receiving the U.S. immigrant visa before applying for a Nicaraguan exit visa.

5. Apply for the Child's Immigrant Visa at U.S. Embassy, Managua:

CONTACT THE IMMIGRANT VISA UNIT: Once you have obtained the final adoption decree from the Ministry of the Family, your child's new birth certificate and Nicaraguan passport, contact the Immigrant Visa unit to receive the Adoption Packet 4 which explains the following next steps in greater detail. The IV unit can be reached at ManaguaConsularIV@state.gov.

COMPLETE PACKET FOUR: The Adoption Packet 4 includes a detailed list of all the final documents/examinations and where to obtain them. Briefly, the following documents will be required:

1. I-600A approval notice with a copy of the valid U.S. approved home study;

2. Decree of Abandonment by the Ministry of the Family;

3. Final Nicaraguan adoption decree;

4. Child's valid Nicaraguan passport issued with adoptive parent(s)' surname(s);

5. Medical examination for the child (certified physician information is provided in the applicant's appointment letter);

6. Three 2"x 2" color photographs with a white background. Photos should be a frontal picture of the child's face;

7. Unsigned Form DS-260 completed with information regarding the child (not the parent(s));

8. Copies of your last federal tax return as filed with the Internal Revenue Service, including, if applicable, 1040 A, W-2 forms, 1099 forms, and all IRS Schedules. The U.S. Embassy requires adopting parent(s) to provide a signed, but not notarized Affidavit of Support (I -864 EZ) and proof of current employment;

9. Filing fee for the immigrant visa application;

10. The U.S. passport(s) of the adoptive parent(s).

FILE I-600 PETITION: The I-600 petition must be filed and the associated fees paid either by sending the documentation directly to USCIS in the United States or at U.S. Embassy, Managua at the time of the immigrant visa interview. If filing at the Embassy, fill out the applicant section of the document and the Consular officer will complete the official information section at the interview. Learn how.

SCHEDULE AND ATTEND VISA INTERVIEW: After the Adoption Packet 4 has been completed, contact the IV Unit again at ManaguaConsularIV@state.gov to schedule your visa interview. Immigrant visa interviews are conducted Monday through Friday from 7:30am to 12:00pm. At the interview, the adoptive parent(s) will be required to present all of the aforementioned documents as well as the child.

If the adoptive parent(s) are missing any documentation, the consular officer will inform them to return with the documentation at a later date. If the visa is approved, the child will receive their passport with their immigrant visa along with their immigration packet, which includes all of the aforementioned certificates and forms, within 1-2 working days. The visa is valid for six months from approval.

6. Bring Your Child Home

Once your child has received their passport and immigration packet, they are able to travel to the United States. DO NOT open the immigration packet. This packet will be opened at the port of entry by immigration officials once the adoptive parent(s) and child arrive in the United States.

To learn more about the Child Citizenship Act please read The Child Citizenship Act of 2000.

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