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Adopting from Sri Lanka

Revision as of 20:05, 9 April 2014 by Admin (Talk | contribs)

The official flag of Sri Lanka.
Source: cia.gov.

Map of Sri Lanka.
Source: cia.gov.

Map of Sri Lanka.
Source: cia.gov.

A tea planation in Sri Lanka.
Source: Wikipedia.org.

A market in Sri Lanka.
Source: flickr.com.

Sri Lanka - Sigiriya.
Source: flickr.com.

Hikkaduwa Beach, Sri Lanka.
Source: flickr.com.

A girl in Negombo, Sri Lanka.
Source: flickr.com.

Collage of the capital city Colombo, Sri Lanka.
Source: Wikipedia.org.

Children in Sri Lanka.
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The elephant orphanage in Pinnawala in Sri Lanka.
Source: flickr.com.


Hague Convention Information

Sri Lanka is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). Intercountry adoption processing in Convention countries is done in accordance with the requirements of the Convention; the U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA); and the IAA’s implementing regulations, as well as the implementing legislation and regulations of Sri Lanka.


The Commissioner of Probation and Child Care Services in Colombo, Sri Lanka’s capital, advised the U.S. Embassy in Sri Lanka that foreign citizens residing in Sri Lanka are not permitted to adopt Sri Lankan children. Foreign citizens who reside outside of Sri Lanka may only adopt Sri Lankan children who are three months to 14 years of age. U.S. citizens interested in adopting children from Sri Lanka are strongly encouraged to contact the U.S. Embassy in Colombo’s Consular Section by email at consularcolombo@state.gov before formalizing an adoption agreement, to ensure that appropriate procedures (outlined in this country information sheet) are followed, which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.


U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS


To bring an adopted child to the United States from Sri Lanka, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determine who can adopt under U.S. immigration law.


Additionally, a child must meet the definition of Convention adoptee under U.S. law in order to immigrate to the United States on an IH3 or IH4 immigrant visa.

Who Can Adopt

In addition to the U.S. requirements, prospective adoptive parents must meet Sri Lanka’s requirements to adopt a child from Sri Lanka:

Residency

Foreign citizens residing in Sri Lanka are not permitted to adopt Sri Lankan children. There is no requirement that PAPs must reside a certain amount of time in Sri Lanka, either before, during, or after the adoption. However, both parents must be present at the Sri Lankan court proceedings.

Age of Adopting Parents

Both prospective adoptive parents must be over the age of 25 and not less than 21 years older than the prospective adoptive child.

Marriage

Under Sri Lankan law, single individuals cannot adopt; married couples must jointly apply for adoption. Although existing laws in Sri Lanka does not expressly prohibit same-sex couples from adopting, in practice, same-sex couples are not found eligible to adopt a child from Sri Lanka.

Income

There is no specific income requirement, but the selection criteria of the Department of Probation and Child Care includes the health, age, and income of the family.

Other

Generally, both spouses must be present during the court proceedings unless the court waives personal appearance on the grounds of ill health (supported by the opinion of a medical practitioner who is licensed to practice in the United States). In such cases, the spouse who is unable to travel must provide a power of attorney to the spouse who will represent him/her in court. Prospective adoptive parents who do not have children will be given preference over parents who already have two or more children.

Who Can Be Adopted

Because Sri Lanka is party to the Hague Adoption Convention, adoptions from Sri Lanka must meet the requirements of the Convention. For example, the adoption may take place only if the competent authorities of Sri Lanka have determined that placement of the child within Sri Lanka was given due consideration, and that an intercountry adoption is in the child’s best interests. In addition to Sri Lanka’s requirements, a child must meet the definition of Convention adoptee to be eligible for an immigrant visa that will allow you to bring him or her to the United States.


ELIGIBILITY REQUIREMENTS:


Relinquishment: Generally, the birth parent(s) are required to attend the court hearing to formally relinquish custody of the child in front of the judge. If the Department of Probation and Child Care Services cannot locate the birth parents, the judge has the authority to waive the requirement that the birth parents be present.

Abandonment: The relevant Provincial Commissioner decides if a child is abandoned in consultation with the Placement Committee in each children’s home. What constitutes abandonment in each case is left up to the discretion of the Provincial Commissioner in consideration of the specific the situation. If the Provincial Commissioner cannot come to a decision, s/he can refer the issue to a court.

Age of Adoptive Child: Foreigners may only adopt Sri Lankan children between three months and 14 years of age.

Sibling Adoptions: The Department of Probation and Child Care Services will attempt to keep sibling groups together when matching children with prospective adoptive parents.

Special Needs or Medical Conditions: Prospective adoptive parents may request to adopt a child with or without special needs and/or medical conditions.

Waiting Period or Foster Care: The process of adopting a child from Sri Lanka can be lengthy. Under Sri Lankan regulations, an application from foreign prospective adoptive parents to adopt a Sri Lankan child must be registered with the Sri Lankan government through one of its diplomatic missions abroad. It generally takes at least one year to match a child with a family. After a child is identified, prospective adoptive parents should be prepared to stay in Sri Lanka from four to six weeks for the court proceedings.

How to Adopt

Adoption Authority

The Process

Traveling Abroad

Applying for Your U.S. Passport

A valid U.S. passport is required to enter and leave Sri Lanka. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print-all in one place.


Obtaining Your Visa

In addition to a U.S. passport, you also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are attached to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Sri Lanka, see the Department of State's Country Specific Information.


Staying Safe on Your Trip

Before you travel, it's always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The State Department is a good place to start. The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.


Staying in Touch on Your Trip

When traveling during the adoption process, we encourage you to register your trip with the Department of State. Travel registration makes it possible to contact you if necessary. Whether there's a family emergency in the United States, or a crisis in Sri Lanka, registration assists the U.S. Embassy or Consulate in reaching you. Registration is free and can be done online.

After Adoption

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.


Here are some good places to start your support group search:


Child Welfare Information Gateway

North American Council on Adoptable Children

Adoption Services Support Group for Adopting Persons


SOURCE

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