Adopting from El Salvador

Hague Convention Information

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

In order for an adoption application for an adopted child to meet the Convention requirements, a U.S. consular officer must review the case file and issue an “Article 5 Letter” to the Salvadoran Central Authority before an adoption is completed. Therefore, prospective adoptive parents are cautioned to carefully follow in order the steps outlined in the “How to Adopt” Section below.

The process for international adoptions in El Salvador can be lengthy and complicated for prospective adoptive parents. The Salvadoran authorities responsible for administering adoptions are still working on effectively transitioning to the Hague process and significant delays in the process are common and should be expected.

It is important to note that U.S. citizens temporarily resident in El Salvador who are considering petitioning for their adoptive child as an immediate relative may be expected to reside in El Salvador for a minimum of three years. This includes the one year of residency mandated by Salvadoran law to adopt domestically, plus the required two years of physical and legal custody of the child in order to file an I-130 petition. If you plan to pursue a local adoption and then file the I-130, please contact the U.S. Embassy in San Salvador as soon as possible for more information. Please note that although the competent authority responsible for placing children in foster care may grant you permission to reside with and care for your prospective adoptive child, this may not constitute legal custody; taking the child outside of El Salvador during the adoption process is generally not permitted.

NOTE: Special transition provisions apply to adoptions initiated before April 1, 2008. Read about Transition Cases.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from El Salvador, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines 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 IH-3 or IH-4 immigrant visa.

Who Can Adopt

In addition to the U.S. requirements, El Salvador obliges prospective adoptive parents to meet the following requirements in order to adopt a child from El Salvador:

Residency

Under Article 176 of the Salvadoran Family Code, adoptive parents who reside in El Salvador and who wish to adopt a child not related to them must reside with the child in El Salvador for at least one year prior to the finalization of the adoption. To satisfy this requirement, the adoptive parent(s) must be appointed the foster parent(s) or guardian(s) of the child, subject to approval by the Salvadoran Institute for the Development of Children and Adolescents (ISNA), and prior to the start of the one-year co-residency period. Prospective adoptive parents who claim a residence other than El Salvador are exempt from the one-year cohabitation requirement.

Age of Adopting Parents

Prospective adoptive parents must be at least 15 years older than the child.

Marriage

Single individuals may adopt in El Salvador if they are at least 25 years old and at least 15 years older than the child to be adopted. Married couples must both be over the age of 25, unless the marriage is at least five years old, in which case the requirement applies only to one spouse. The Salvadoran family code provides that only legally married couples may adopt as a couple in El Salvador; same-sex marriages are not recognized under Salvadoran law.

Income

Prospective adoptive parents must demonstrate that they are financially, morally, mentally, and physically able to provide for the adopted child.

Other

N/A

Who Can Be Adopted

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

ELIGIBILITY REQUIREMENTS:

Relinquishment: Salvadoran law states that a child less than 18 years of age may be eligible for international adoption if the child is abandoned or orphaned and a family court determines that the adoption is in the best interest of the child. Salvadoran law also permits the adoption of a child more than 18 who is under the care of a parent or relative if a court determines the adoption is in the child’s best interest.

Abandonment: According to Salvadoran family code, a child is abandoned if the biological parents are no longer providing care for their child. This definition is very broad and can include parents that are incarcerated or who left their children in the care of other family members. In most cases, however, the parental rights are still intact and the legal relinquishment or revocation of parental rights does not occur until after the child has been matched with a family for adoption. This is one of the lengthiest and most complex steps in the Salvadoran adoption process. Prospective adoptive parents should not assume that the legal relinquishment of parental rights has occurred prior to being matched with a child.

Age of Adoptive Child: Although Salvadoran law permits adoptions of children over the age of 18 in certain cases, prospective adoptive parents should bear in mind that foreign adoptions of children over 16 years of age are not valid for immigration purposes for the United States, except for specific cases of sibling adoptions.

Sibling Adoptions: The Salvadoran Central Authority makes an effort to keep biological siblings together whenever possible. If the children are abandoned in different municipalities, however, biological siblings may be adopted by different families without the Central Authority’s knowledge.

Special Needs or Medical Conditions: The adoption of children with special needs is a top priority for the Salvadoran Central Authority. Prospective adoptive parents must pass a suitability review to ensure they are able to care for a child with special needs.

Waiting Period or Foster Care: Foreign adoptive parents must formally adopt Salvadoran children in El Salvador, in accordance with Salvadoran laws and procedures, before taking the children out of the country to live. Prospective adoptive parents who reside in El Salvador and who wish to adopt a child who is not related to them must first be appointed the foster parent or guardian of the child, and be prepared to reside with the child in El Salvador for at least one year prior to the finalization of the adoption.

After Adoption

SOURCE

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