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

After Adoption

SOURCE

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