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.

How to Adopt

WARNING: El Salvador is party to the Hague Adoption Convention. Do not adopt or obtain legal custody of a child in El Salvador before a U.S. consular officer issues an “Article 5 Letter” in the case. Read on for more information.

Adoption Authority

Salvadoran Adoption Authority

El Salvador has officially designated two entities as its Central Adoption Authority: the Procuraduria General de la Republica (PGR or Public Defender’s Office) and the Instituto Salvadoreño para el Desarrollo Integral de la Niñez y Adolescencia (ISNA or Salvadoran Institute for the Development of Children and Adolescents). The Oficina Para Adopciones (Office of Adoptions, or OPA) is the office within the PGR that coordinates and oversees adoptions in El Salvador. Other Salvadoran governmental bodies are also involved in the adoption process. These include the Family Courts, the National Council for Children and Adolescents (CONNA) and the Salvadoran Institute for the Development of Children and Adolescents (ISNA).

NOTE: If any of the following occurred prior to April 1, 2008 (the date on which the Hague Adoption Convention entered into force with respect to the United States), the Hague Adoption Convention may not apply to your adoption: 1) you filed a Form I-600A identifying El Salvador as the country where you intended to adopt; 2) you filed a Form I-600; or, 3) the adoption was completed. Under these circumstances, your adopted child’s visa application could continue to be processed in accordance with the immigration regulations for non-Convention adoptions. For more information, read about Transition Cases. Similarly, if the Hague Adoption Convention entered into force in El Salvador after April 1, 2008, and you have an approved, unexpired Form I-600A or filed a Form I-600 before the entry into force date in El Salvador, your adoption may be considered a transition case. Please contact adoptionusca@state.gov with the details of the case if this situation applies to you.

The Process

Because El Salvador is party to The Hague Adoption Convention, adopting from El Salvador 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. Adoptions completed out of order may not confer immigration benefits on the adopted child (i.e. it is possible the child would not qualify for an immigrant visa if adopted out of order).

1. Choose a U.S. accredited or approved adoption service provider
2. Apply to USCIS to be found eligible to adopt
3. Be matched with a child by authorities in El Salvador
4. Apply to USCIS for the child to be found eligible for immigration to the United States and receive U.S. agreement to proceed with the adoption
5. Adopt the child in El Salvador
6. Obtain a U.S. immigrant visa for your child and bring your child home

1. Choose a U.S. Accredited or Approved Adoption Service Provider

The recommended first step in adopting a child from El Salvador is to select an adoption service provider in the United States that has been accredited or approved to provide services to U.S. citizens in Convention cases. Only accredited or approved adoption services providers may provide adoption services between the United States and El Salvador. The U.S. accredited or approved adoption service provider will act as the primary provider in your case. The primary adoption service provider is responsible for ensuring that all adoption services in the case are done in accordance with the Hague Adoption Convention and U.S. laws and regulations. Learn more about Agency Accreditation.

In addition, the adoption service provider must also be authorized by El Salvador’s designated Central Authority for Adoptions, OPA. Prospective adoptive parents interested in adopting from El Salvador should contact OPA for up-to-date information prior to initiating a new adoption process. The following U.S. Hague-accredited adoption service providers have been authorized to provide services in El Salvador: The Open Door Adoption Agency, America World Adoptions, All Blessings/Kentucky Adoption Services, Villa Hope, Inc., Christian Adoption Services, Inc., Adoption Hope International, Inc., Madison Adoption Associates, and Illien Adoptions International, Inc. Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.

2. Apply to USCIS to be Found Eligible to Adopt

After you choose an accredited or approved adoption service provider, you must apply to be found eligible to adopt by the responsible U.S. government agency, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), by submitting Form I-800A. Read more about Eligibility Requirements.

Once USCIS determines that you are eligible and suited to adopt by approving the Form I-800A, your adoption service provider will provide your approval notice, home study, and any other required information to the adoption authority in El Salvador as part of your adoption dossier. El Salvador’s adoption authority will review your application to determine whether you are also eligible to adopt under El Salvador’s law.

3. Be Matched with a Child by in El Salvador

If both the United States and El Salvador determine that you are eligible to adopt, and the central authority for Convention adoptions has determined that a child is available for adoption and that intercountry adoption is in that child’s best interests, the central authority for Convention adoptions in El Salvador may provide you with a referral for a child. The referral is a proposed match between you and a specific child based on a review of your dossier and the needs of a specific child in El Salvador. The adoption authority in El Salvador will provide a background study and other information, if available, about the child to help you decide whether to accept the referral or not. Each family must decide for itself whether or not it will be able to meet the needs and provide a permanent home for a particular child. If you accept the referral, the adoption service provider communicates that to the adoption authority in El Salvador. Learn more about this critical decision.

The Supreme Court of El Salvador prohibits granting of guardianships to prospective adoptive parents for the purpose of allowing children to leave El Salvador for subsequent adoption abroad. ISNA investigates the circumstances of an orphaned or neglected child’s family and seeks to find a close relative who may be willing to care for the child. Once satisfied that intercountry adoption is in the child’s best interest, ISNA determines which prospective adoptive parents are suitable matches for the child. OPA is responsible for coordinating with ISNA when a child is matched with prospective adoptive parents.

4.Apply to USCIS for the Child to be Found Eligible for Immigration to the United States and Receive U.S. Agreement to Proceed with the Adoption

After you accept a match with a child, you will apply to the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval for the child to immigrate to the United States (Form I-800). USCIS will make a provisional determination as to whether the child meets the definition of a Convention Adoptee and will be eligible to enter the United States and reside permanently as an immigrant.

After provisional approval of Form I-800, your adoption service provider or you will submit a visa application to the Consular Section of the U.S. Embassy in San Salvador, El Salvador that is responsible for issuing immigrant visas to children from El Salvador. A consular officer will review the Form I-800 and the visa application for possible visa ineligibilities and advise you of options for the waiver of any noted ineligibilities.

WARNING: The consular officer will send a letter (referred to as an “Article 5 Letter”) to the Salvadoran Central Authority in any intercountry adoption involving U.S. citizen parents and a child from El Salvador where all Convention requirements are met and the consular officer determines that the child appears eligible to immigrate to the United States. This letter will inform the Salvadoran’s Central Authority that the parents are eligible and suited to adopt, that all indications are that the child may enter and reside permanently in the United States, and that the U.S. Central Authority agrees that the adoption may proceed.

Do not attempt to adopt or obtain custody of a child in El Salvador before a U.S. consular officer issues the Article 5 Letter in any adoption case.

Remember: The consular officer will make a final decision about a child’s eligibility for an immigrant visa later in the adoption process.

5. Adopt a Child in El Salvador

Remember: Before you adopt a child in El Salvador, you must have completed the above four steps. Only after completing these steps, can you proceed to finalize the adoption in El Salvador.

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

• Role of Adoption Authority: OPA will review the adoption documents to ensure they are complete. Due to the complexity of the Salvadoran adoption process, the authority may not inform prospective adoptive parents in a timely manner that their case has missing, incomplete, or incorrect documentation. This can cause additional delays. The U.S. Embassy recommends calling, emailing or visiting OPA on a regular basis during the process.

Role of the Court: The Salvadoran family court will issue a final adoption decree that adoptive parents will need to obtain the child’s new birth certificate and passport with the child’s new surname. The time to obtain new civil documents varies in different parts of the country and can take anywhere from 24 hours to two weeks depending on the judge. The court is also responsible for the legal relinquishment or revocation of parental rights; and in some cases, this 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.

• Role of the Adoption Agencies: The adoption service provider is responsible for ensuring that home studies are completed and for assisting prospective adoptive parents with providing required documentation to the Salvadoran government, including the family court judges. The adoption service provider should also regularly communicate with the U.S. Embassy’s Consular Section to ensure consistency with the Hague process.
• Time Frame: Salvadoran adoption procedures can take 18 to 36 months to complete, but have often taken much longer. This does not include the time necessary for the U.S. Embassy to complete its own investigation, as required by immigration regulations. Because adoption fraud in El Salvador has taken a variety of forms, an investigation of each adoption is necessary to ensure that the child is an orphan, as defined by U.S. immigration law, and that the birth mother is aware that the child is being adopted irrevocably and will be taken from the country. Investigation times vary depending on the complexity of each case.
• Adoption Application: Filing an adoption application can be done by visiting OPA in San Salvador or by sending a legal representative to submit your documentation. The prospective adoptive parents should be prepared to travel to El Salvador regularly as personal appearances will be required throughout the adoption process.
• Adoption Fees: The Salvadoran Central Authority currently does not charge any fees for their administrative services. Prospective adoptive parents may choose to retain a Salvadoran attorney to assist with an adoption and will be charged for those services by the attorney. We advise prospective adoptive parents to discuss options with their adoption service provider.

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. Some of the fees specifically associated with adopting from El Salvador include:

1. Salvadoran Attorney's Fee – Typically $3,000-$10,000

2. Medical Exam for the Child – Costs generally may run between $250-$600 (includes vaccinations for all children; includes x-rays for children between 14-16)

3. U.S. Immigrant Visa - $230

4. Salvadoran passport fee - $25

5. Photos for U.S. Immigrant Visa - $5 (for two photos)

6. Hotel stay for one night, two adults at the Hilton Princess, Sheraton Presidente, or Marriott Courtyard Hotel (please confirm prices if you book a room) - $130-170

The State Department discourages the payment of any fees that are not properly receipted. "Donations" or "expediting" fees, which may be requested from prospective adoptive parents, have the appearance of "buying" a child and put all future adoptions in El Salvador at risk.

• Documents Required: Each of the U.S. documents listed here must be either authenticated at a Salvadoran Embassy, or a Salvadoran Consulate, or apostilled by the competent authority of the adopting parents’ country (see below). U.S. documents listed below must also be translated into Spanish by an individual appointed for that purpose by a Salvadoran notary public:

1. Certified birth certificate for the adopting parents;

2. Certified marriage certificate, if applicable;

3. Police clearance from the adopting parents’ municipality;

4. Financial statements;

5. Home study certification;

6. Health certificate for the adopting parents;

7. Certification stating that the adopting parents meet the legal requirements of their home State to adopt and that the State will monitor the welfare of the child after adoption;

8. Statement regarding who will care for the adopted child in the absence of the adoptive parents due to illness, disability or death;

9. Certified copies of the adopting parents’ passports;

10. Certified copies of birth and health certificates for any other biological or adopted children in the family;

11. Photographs of the exterior and interior of the adopting parents’ home;

12. Photocopy of the identity card and certified birth certificate of the Salvadoran attorney;

13. Health certificate for the child to be adopted;

14. Photographs of the adopting parents, adopted child, and attorney.

Power of attorney for a specified Salvadoran attorney to represent the adopting parents, which must be executed before a Salvadoran notary public or by Salvadoran Consul at a Salvadoran Embassy or Consulate. This power of attorney must specifically authorize the attorney to perform all necessary steps in the adoption process from beginning to end before the Public Defender’s Office (PGR) and the Salvadoran Institute for the Development of Children and Adolescents (ISNA). The designated Salvadoran lawyer must present two files of all the documentation (one with originals, and the other with certified copies). If the files exceed two hundred pages, both files must be divided in halves with a closing and opening statement from the notary attached to the divided files. The Salvadoran attorney must comply with the requirements stipulated in Article 42 of the Salvadoran Family Code of Proceedings.NOTE: Additional documents may be requested.

• Authentication of Documents: The United States and El Salvador are parties to the Hague Apostille Convention. U.S. public documents may be authenticated with Apostilles by the appropriate U.S. Competent Authority.

6. Obtain an Immigrant Visa for your Child and Bring Your Child Home

Now that your adoption is complete, there are a few more steps to take before you can head home. Specifically, you need to apply for three documents before your child can travel to the United States:

1. Birth Certificate

If you have finalized the adoption in El Salvador, you will firstneed to apply for a birth certificate for your child so that you can later apply for a passport. Once the court issues a final adoption decree, municipal authorities will cancel the original birth certificate and issue a new birth certificate naming the adoptive parents as the child’s parents and showing the change to the child’s name. The new birth certificate becomes part of the record kept at the Alcaldia (City Hall). Birth certificates are issued by the Civil Registry (Registro Civil) of the city or village where the adoption was finalized. Requests should be addressed to "Alcaldia Municipal de Registro Civil (name of city or village)”. The average cost of registering a child and obtaining a birth certificate is $6.

2. Salvadoran Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from El Salvador. Passports are issued by the Department of Migration (Direccion General de Migracion y Extranjeria - DGME). Adoptive parents can apply for their child’s passport by submitting the final adoption decree and newly issued birth certificate at the DGME office closest to where the adoption was finalized. The cost for this service is $25. For office locations, please visit http://www.migracion.gob.sv/.

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child, you also need to finalize your application for a U.S. visa for your child from the U.S. Embassy in San Salvador, El Salvador. After the adoption is granted, visit the U.S Embassy for final review of the case, issuance of a U.S. Hague Adoption Certificate or Declaration of Grant of Custody, final approval of the child’s I-800 petition, and to obtain your child’s visa. 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. Read more about the Medical Examination.

NOTE: Prior to making an immigrant visa appointment, adoptive parents must submit their completed packet for review by the U.S. Embassy. Upon receipt of the packet, the U.S. Embassy will provide a list of panel physicians who will conduct the necessary medical exam of the child or children in question. The Embassy will contact the adoptive parent(s) to schedule an interview date after receiving the medical results from the panel physician.

Since each case is different, it is possible that the Embassy will request additional documents after a preliminary review of the application and documents submitted by the prospective adoptive parent(s). For processing the child’s immigrant visa application, the following original documents are necessary:

1. Child’s original birth certificate with the name of the biological mother;

2. Child’s new birth certificate with the child’s new name and name of adoptive parents;

3. Final court decree of adoption and supporting documents;

4. Decree from OPA;

5. Decree from the PGR;

6. Decree from ISNA;

7. Article 23 Letter (issued by OPA);

8. Certified document in writing by all known parents irrevocably and unconditionally releasing the child for adoption and emigration;

9. Power of attorney designating the Salvadoran lawyer to represent the adoptive parents;

10. Form I-800;

11. Form DS-260 Part I and Part II;

12. Medical Exam Form DS-157;

13. Child’s Salvadoran passport with the adoptive parents’ last name;

14. Two front face photos, 2”x2”, against a white background;

15. Adoptive parents’ most recent income tax forms;

16. Visa fee: $404.

Child Citizenship Act

For adoptions finalized abroad prior to the child’s entry into the United States: A child will acquire U.S. citizenship upon entry into the United States if the adoption was finalized prior to entry and the child otherwise meets the requirements of the Child Citizenship Act of 2000.

For adoptions finalized after the child’s entry into the United States: An adoption will need to be completed following your child’s entry into the United States for the child to acquire U.S. citizenship.

Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.

Read more about the Child Citizenship Act of 2000.

After Adoption

SOURCE

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