Adopting from Brazil

Hague Convention Information

Brazil 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 Brazil and the United States must meet the requirements of the Convention and U.S. law implementing the Convention.

Brazilian law does not allow for a Brazilian child to travel to the United States to be adopted. Therefore, prospective adoptive parents must obtain a full and final adoption under Brazilian law before the child can immigrate to the United States.

NOTE: Special transition provisions apply to adoptions initiated before April 1, 2008. Learn more.

Who Can Adopt

Adoption between the United States and Brazil is governed by the Hague Adoption Convention. Therefore to adopt from Brazil, 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). Learn more.

Adoption in Brazil can be a complicated process, sometimes involving long waits. Brazilian adoption law gives preference to Brazilian citizens and citizens of countries that have implemented the Hague Adoption Convention. Please be aware that without Brazilian citizenship, it is unlikely that a U.S. citizen will be able to adopt a healthy, single child under the age of 5 years. The following types of children are most commonly available to U.S. citizens without Brazilian citizenship:

1. Generally older children between the ages of 9 to 12.

2. Sibling groups of any number and of all ages.

3. Special needs children of all ages.

In addition to the U.S. requirements for prospective adoptive parents, Brazil also has the following eligibility requirements for prospective adoptive parents:

4. International adoption will only be considered after all possibilities of finding a national adoption match are exhausted.

5. Brazilian citizens living abroad will have priority to adopt over foreign citizens from other countries.

Residency

Brazilian law requires foreign prospective adoptive parents to live in Brazil with the prospective adoptive child for 30 days prior to the adoption.

Age of Adopting Parents

Persons over the age of 18 may adopt, regardless of marital status. The adopting party must be at least 16 years older than the potential adoptee.

Marriage

Adults over the age of 18 may adopt, regardless of marital status. Joint adoption is granted if parents are legally married or have a stable union contract. Divorced or legally separated couples may adopt together if they agree on the guardianship, schedule of visits, and have proof of relationship with the child.

Income

N/A

Other

N/A

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information