Adopting from Argentina

Hague Convention Information

Argentina is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Therefore, when the Hague Adoption Convention entered into force for the United States on April 1, 2008, intercountry adoption processing for Argentina did not change.

Argentina does not currently allow intercountry adoption. Adoption is restricted to Argentine citizens and permanent resident aliens residing in Argentina.

Who Can Adopt

To bring an adopted child to United States from Argentina, you must 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, Argentina also has the following requirements for prospective adoptive parents:

Residency

Applicants must be Argentine nationals or permanent resident aliens of Argentina for at least the five years immediately preceding the application for guardianship (first step in the adoption process).

Age of Adopting Parents

If single, the prospective adoptive parent must be at least 30 years of age. There is no minimum age requirement for married prospective adoptive parents. At least one member of the couple must be at least 18 years older than the adoptee.

Marriage

Married couples must be married at least three years and have no offspring. If the couple can prove they are physically unable to have a child, the court will consider marriages under 3 years. Married couples must adopt jointly except when there is a legal separation decree, the spouse is declared mentally incompetent by a court, or there is a judicial declaration of absence of spouse (presumption of death).

Income

Prospective adoptive parents must prove financial ability.

Other

N/A

Who Can Be Adopted

Argentina has specific requirements that a child must meet in order to be eligible for adoption. You cannot adopt a child in Argentina unless he or she meets the requirements outlined below.

In addition to these requirements, a child must meet the definition of an orphan under U.S. law for you to bring him or her back to the United States. Learn more about these U.S. requirements.

Relinquishment Requirements:

Biological parents may relinquish their children for adoption only through the courts. This release is irrevocable and can only be signed at the court by appointment set by a judge at least 60 days after the child's birth. It cannot be done immediately following the birth. The law provides for the 60-day window after the birth of the child to allow the birth mother time to think about her decision. During this 60-day period, the court may review the personal conditions of the biological parents, their age, ability to take care of the child, reasons for the release for adoption and any other considerations and information pertinent to this act. A judge may request the opinion of, technical advice from, and/or the effective participation of a Defensor de Menores e Incapaces from the Minsterio Publico de la Defensa to determine the best interests of the child.

Abandonment Requirements:

A release by the biological parents will not be necessary in those instances when the child is a ward of the court, already an orphan on the streets, or has been housed in a government institution continuously for more than one year without any indication of interest from the birth parent(s).

After Adoption

SOURCE

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