Difference between revisions of "How to Adopt from Uruguay"

Latest revision as of 04:47, 6 April 2015

Skyline of Montevideo
Source: Wikipedia.org.

Adoption Authority

Departamento de Adopción y Legitimación Adoptiva (DLAYA or Department of Adoption and Legitimating of Adoptions

The Process

Because Uruguay is party to the Hague Adoption Convention, adopting from Uruguay 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 so that your adoption meets all necessary legal requirements.

NOTE: If you filed your I-600a with Uruguay before April 1, 2008, the Hague Adoption Convention may not apply to your adoption. Your adoption could continue to be processed in accordance with the immigration regulations for non-Convention 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 Immigration to the United States
Adopt the Child in Uruguay
Bring your Child Home

1. Choose an Accredited Adoption Service Provider:

The first step in adopting a child from Uruguay is to select an adoption service provider in the United States that has been accredited. Only these agencies and attorneys can provide adoption services between the United States and Uruguay. Learn more.

2. Apply to be Found Eligible to Adopt:

After you choose an accredited adoption service provider, 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 how.

Once the U.S. government determines that you are "eligible" and "suitable" to adopt, you or your agency will forward your information to the adoption authority in Uruguay. Uruguay's adoption authority will review your application to determine whether you are also eligible to adopt under Uruguay's law.

3. Be Matched with a Child:

If both the United States and Uruguay determine that you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in Uruguay 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.

4. Apply for the Child to be Found Eligible for Adoption:

After you accept a match with a child, you will apply to the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval to adopt that particular child (Form I-800). USCIS will determine whether the child is eligible under U.S. 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. 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/she will notify the Uruguay's adoption authority (Article 5 letter). For Convention country adoptions, prospective adoptive parent(s) may not proceed with the adoption or obtain custody for the purpose of adoption until this takes place.

Remember: The Consular Officer will make a final decision about the immigrant visa later in the adoption process.

5. Adopt the Child (or Gain Legal Custody) in Uruguay:

Remember: Before you adopt (or gain legal custody of) a child in Uruguay, you must have completed the above four steps. Only after completing these steps, can you proceed to finalize the adoption or grant of custody for the purposes of adoption in Uruguay.

The process for finalizing the adoption (or gaining legal custody) in Uruguay generally includes the following:

ROLE OF THE ADOPTION AUTHORITY: Adoptions through DLAYA and the Movimiento Familiar Cristiano follow a similar process with an initial interview with the prospective adoptive parent that is used to explain the adoption process, the documents required, the legal aspects and expectations. After the prospective adoptive parents submit the required documentation, an evaluation process begins through group activities and personal interviews with psychologists and social workers of DLAYA, including a home study. Once a child is assigned to a couple, a one-year period of legal custody (guardianship) begins. During this period, INAU periodically monitors the family to ensure the welfare of the child. Biological parents can claim the child during this period. Any such claim must be made through DLAYA and a judge is assigned to protect the privacy of the foster family. The four years listed above refer to the entire waiting period starting from the time prospective adoptive parents are first registered and a child is selected. Then, another year during legal custody and/or co-residency, which can be reduced to 6 months.

ROLE OF THE COURT: Once the parental rights of the birth parents are terminated, the child has completed a one-year period of legal custody (guardianship) with the prospective adoptive parents, and INAU has submitted a recommendation for approval, a judge will finalize the adoption process by awarding all legal rights regarding the child to the adoptive parents.

TIME FRAME: The adoption process in Uruguay can take four to five years from start to finish.

ADOPTION FEES: In the adoption services contract that you sign at the beginning of the adoption process, your agency will itemize the fees and estimated expenses related to your adoption process. The U.S. Embassy in Uruguay 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 Uruguay at risk. DLAYA provides legal counseling at no cost. Even though the whole adoption process is free, the Uruguayan authorities charge for required documents and services they provide, prior to the adoption, such as legalization of foreign documents, and/or marriage, birth, police certificates. There is no information regarding private attorney's fees.

DOCUMENTS REQUIRED: Documents required include:

1. Original birth certificate of each prospective adoptive parent. Local Police Records (Certificado de Antecedentes) issued by the Ministry of the Interior, for each prospective adoptive parent;

2. An original marriage certificate for the prospective adoptive parents;

3. Income certificate of each prospective parent;

4. Health certificate of each prospective parent;

5. Identification card of each prospective parent;

6. Voting Registration Card (Credencial Civica) of each prospective parent (if applicable);

7. Photocopy of marriage booklet (libreta de matrimonio), if applicable;

8. Current color photographs of each prospective parent. Additional documents may be requested. NOTE: Prospective adoptive parents of Uruguayan children should not consider the above list to be comprehensive or exhaustive. Since intercountry adoptions are not typical, prospective adoptive parents should contact DLAYA for further inquiries on documentary requirements.

6. Bring Your Child Home

Now that your adoption is complete (or you have obtained legal custody of the child), there are a few more steps to take before you can head home. Specifically, you need to apply for three documents for your child before he or she can travel to the United States:

1. Birth Certificate

You 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.

2. Uruguay Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from Uruguay.

3. 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 United States Embassy for your child. After the adoption (or custody for purpose of adoption) is granted, visit the U.S 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.

Once the adoption process is complete and the adoptive parents are in possession of all the required documents (listed below), they should contact the U.S. Embassy's Consular Section Immigrant Visa Unit to schedule a visa interview appointment. Phone (598-2) 418 7777 #2388 or e-mail to: MontevideoIV@state.gov.

In general, the following original documents are required to process an immigrant visa for adoption cases:

1. I-800A (Application for Determination of Suitability to Adopt a child from a Convention Country;

2. I-800 (Petition to Classify a Convention Adoptee as an immediate Relative) if it has not been filed directly with the USCIS in the United States;

3. Adoptive parents' valid passports;

4. Child's Uruguayan passport;

5. Two (2) passport photos (5 x 5 cm. with white background);

6. Forms DS230 Part I and II;

7. Child's original and new birth certificates legalized by Ministry of Foreign Affairs and English translations;

8. Final court Adoption decree legalized by Ministry of Foreign Affairs and an English translation;

9. Immigrant Visa fees as per Schedule of Fees for Consular Services;

10. Medical examination (done by the panel physicians designated by the Consular Section). Since each case is different, it is possible that the consular officer may require additional documents after a preliminary review of the application of the prospective adoptive parent(s). 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.

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

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