Advertisements
Adopting from Peru
Source: Wikipedia.org.
Source: cia.gov.
Source: cia.gov.
Source: cia.gov.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: flickr.com.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: flickr.com.
Contents
Hague Convention Information
Peru 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 Adoption Act of 2000 (IAA); and the IAA’s implementing regulations, as well as the implementing legislation and regulations of Peru.
All adoptions between Peru and the United States must meet the requirements of the Convention and U.S. immigration law.
Peru’s Central Authority for Adoptions is the Dirección General de Adopciones (DGA) in the Ministry of Women and Vulnerable Populations (MIMP). Only DGA can certify cases as Convention compliant. “Direct” adoptions in which a birth parent places a child directly (or via an intermediary) to specific prospective parents for adoption cannot be certified as complying with the Convention per Peruvian law, and therefore prospective adoptive parents may not search on their own for children to adopt.
Instead children must have been declared legally abandoned and wards of the state, and the adoption must be processed through DGA in order for it to be certified by DGA. Adoptions processed through the Peruvian judiciary, while legal in Peru, cannot be Hague certified. As a result, children adopted through the Peruvian judiciary/family court system rather than DGA cannot be issued Hague Convention visas and generally will be unable to immigrate to the United States. Prospective adoptive parents seeking to adopt a blood relative in Peru should contact DGA prior to beginning the adoption process.
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 Peru, 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
Adoption between the United States and Peru is governed by the Hague Convention on Adoptions. Therefore to adopt from Peru, 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.
In addition to these U.S. requirements for prospective adoptive parents, parents need to meet Peru’s requirements to adopt a child from there:
Residency
There are no minimum residency requirements to adopt in Peru. However both prospective adoptive parents, if applicable, must be present to complete the adoption in Peru, including obtaining provisional custody of the child, completing an evaluation with a social worker, and finalizing the adoption in Peruvian court. This process typically takes 4-6 weeks.
Age of Adopting Parents
The minimum age of applicants is 25 and the maximum is 52.
Marriage
Single persons and married couples may apply to adopt. Peruvian law only recognizes opposite sex marriages. Thus, there is no provision for same sex spouses to adopt jointly. Single lesbian, gay, bi-sexual, transgendered, or intersex individuals may also be unable to adopt in Peru.
Income
Prospective adoptive parents must demonstrate the means to support the physical and emotional needs of the child.
Other
Because Peru is party to the Hague Adoption Convention, children from Peru 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 Peru have determined that placement of the child within Peru has been given due consideration and that an intercountry adoption is in the child’s best interests. In addition to Peru’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.
Who Can Be Adopted
ELIGIBILITY REQUIREMENTS:
Abandonment: Only children who have been declared abandoned by a judge are eligible for an intercountry adoption.
Age of Adoptive Child: DGA matches children of all ages. However, DGA prioritizes the adoption of children older than 9 years. The DGA team evaluates the application and expectations of the prospective parents to maximize the well-being of each child.
Sibling Adoptions: DGA prioritizes the adoption of sibling groups.
Special Needs or Medical Conditions: DGA prioritizes the adoption of children with special needs or medical conditions.
Waiting Period or Foster Care: Matching could take several months and sometimes years.
How to Adopt
WARNING: Peru is party to the Hague Adoption Convention. Do not adopt or obtain legal custody of a child in Peru before U.S. consular officer issues an “Article 5/17 Letter” in the case. Read on for more information.
Adoption Authority
Peru's Adoption Authority
Peru’s Central Authority for Adoptions is the Dirección General de Adopciones (DGA) within the Ministry of Women and Vulnerable Populations (MIMP). Only DGA can certify cases as Convention compliant.
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 Peru 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.
The Process
Because Peru is party to the Hague Adoption Convention, adopting from Peru 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 to meet all necessary legal requirements. Adoptions completed out of order may result in the child not being eligible for an immigrant visa to the United States.
- 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 adoption
- Adopt (or Obtain Legal Custody) of the child in Peru
- Bring your child home
1. Choose an Accredited Adoption Service Provider:
The first step in adopting a child from Peru is to select an accredited or approved adoption service provider in the United States. Only these agencies and attorneys can provide adoption services between the United States and Peru. Please note that in order to provide services in Peru, adoption service providers must further be authorized to work in Peru by the DGA. To obtain updated information regarding which U.S. adoption service providers are authorized by DGA, prospective adoption parents should contact DGA directly. DGA also publishes the list of authorized providers through the “Organismos Acreditados”.
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 suitable and 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 Suitability and Eligibility Requirements.
Once USCIS determines that you are “suitable” and “eligible” 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 DGA in Peru as part of your adoption dossier. The DGA’s Board of Directors will review your application to determine whether you are also eligible to adopt under Peru’s law.
NOTE: Peru has stringent requirements for the psychological and social history information that must be provided as part of your dossier. If the information supplied is not detailed enough, DGA will ask for additional information, and this will delay the review process by several months.
3. Be matched with a Child
If both the United States and Peru determine that you are eligible to adopt, and the DGA has determined that a child is available for adoption and that intercountry adoption is in that child’s best interests, the DGA 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 Peru. DGA 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 decision to the DGA. Learn more about this critical decision.
4. Apply for the child to be found eligible for adoption
After you accept a referral, 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 Lima which is responsible for issuing immigrant visas to children from Peru. 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.
NOTE: For both petition and visa processing, all documents in Spanish must be submitted both in original form and with an official English translation.
WARNING: The consular officer will send a letter (referred to as an “Article 5 Letter”) to Peru’s Central Authority in any intercountry adoption involving U.S. citizen parents and a child from Peru 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 Peru’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 Peru 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 (or Obtain Legal Custody) of Child in Peru
Remember: Before you adopt a child in Peru, 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 Peru.
The process for finalizing the adoption (or obtaining legal custody) in Peru generally includes the following:
- Role of Adoption Authority: Only DGA can certify adoptions as Convention compliant. DGA has jurisdiction over intercountry adoptions for children who have been declared legally abandoned by the court and are wards of the state.
- Role of the Court: Provisional custody is awarded to the prospective adoptive parents shortly after their arrival in Peru. After 10-15 days, a designated social worker will issue a report attesting to the compatibility and bonding of the child and the prospective adoptive parents. The prospective adoptive parents will then appear in court to finalize the adoption, and a judge will issue the final adoption decree. NOTE: Peruvian law mandates that both prospective adoptive parents, if applicable, must be physically present to obtain provisional custody of the child and complete an evaluation with a social worker for ratification of the adoption in court.
- Role of Adoption Agencies: Because Peru is a Convention country, adoption services must be provided by a Hague accredited agency or provider.
- Time Frame: Once in country following the issuance of the Article 5 letter, the process generally takes 4-6 weeks. Prospective adoptive parents are awarded provisional custody shortly after arrival in Peru. After 10-15 days, a designated social worker issues a report attesting to the compatibility and bonding of the child and the prospective adoptive parents. The prospective adoptive parents then appear in court to finalize the adoption.
- 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. Some of the fees specifically associated with adopting from Peru include: lodging expenses, translations, court fees, and fees for getting new birth certificate, national ID card, and passport, which can add up to $2000-$4000. Please note that once the adoption is finalized, the new birth certificate listing the adoptive parents can only be issued in the place where the child was originally registered. This may be in a remote location, which may entail additional time and expenses. NOTE: Prospective parents are advised to obtain detailed receipts for all fees and donations paid, either by the parents directly or through their U.S. adoption agencies and to take appropriate measures to verify that the payments are not contrary to the Convention, U.S. law, or the law of Peru. Improper payments may have the appearance of buying a baby, violate applicable law, and may put all future adoptions in Peru at risk. The Foreign Corrupt Practices Act, for instance, makes it unlawful to bribe foreign government officials to obtain or retain business. Further, the IAA makes it unlawful to improperly influence relinquishment of parental rights, parental consent relating to adoption of a child, or a decision by an entity performing Central Authority functions.
- Documents Required: The following documents are required by DGA to adopt in Peru:
- 1. Original birth certificates for parent(s) and other children in the family;
- 2. Marriage certificate, if applicable;
- 3. Divorce certificate(s), if applicable;
- 4. Death certificate if the prospective adoptive parent is a widow or widower;
- 5. Legalized copy of the passport(s) of the prospective adoptive parent(s);
- 6. Police reports from the place of residence of the prospective adoptive parent(s);
- 7. Medical exam results;
- 8. Photographs;
- 9. Job letters; and
- 10. Tax returns. NOTE: Additional documents may be requested. For more details on the required documentation, you may visit the DGA’s website
- Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. If so, the Department of State’s Authentications Office may be able to assist. Read more about Authenticating U.S. Documents. NOTE: The United States and Peru are parties to the Hague Apostille Convention. U.S. public documents may be authenticated with Apostilles by the appropriate U.S. Competent Authority.
Traveling Abroad
Applying for Your U.S. Passport
A valid U.S. passport is required to enter and leave Peru. 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 Peru, 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 Peru, 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
'NOTE: Inclusion of non-U.S. Government links does not imply endorsement of contents.
Contact Information
U.S. Embassy in Peru
Consular Section- Immigrant Visas Avenida La Encalada, Cuadra 17 s/n Monterrico, Surco, Lima 33 Peru Website: U.S. Embassy Peru Email: LimaIV@state.gov
Peru’s Adoption Authority
Ministerio de la Mujer y Poblaciones Vulnerables (MIMP) Dirección General de Adopciones (DGA) Av. Benavides 1155 Miraflores, Lima 18 Peru Tel: (51) (1) 416-5431 Website: Peru's Adoption Authority
Embassy of Peru
Consular Section 1700 Massachusetts Ave. NW Washington, DC 20036 Tel: (202) 833-9860 to 9869 Fax: (202) 659-8124 Website: Embassy of Peru Email: webadmin@embassyofperu.us
NOTE: PERU has consulates in Atlanta, Boston, Chicago, Dallas, Denver, Hartford, Houston, Los Angeles, Miami, Paterson, New York City, and San Francisco.
Office of Children’s Issues
U.S. Department of State SA-17A 2201 C Street, NW Washington, DC 20520 Tel: 1-888-407-4747 Website: U.S. Department of State Email: AskCI@state.gov
U.S. Citizenship and Immigration Services (USCIS)
For questions about immigration procedures, contact the National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833).
SOURCE
Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information[1]