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How to Adopt from Dominican Republic Part 2

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Carnival.
Source: Wikipedia.org.

4.Apply for the Child to be Found Eligible for Adoption:

After PAPs accept a match with a child, they then apply to the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval to adopt that particular child (Form I-800). USCIS will determine whether the child is eligible under U.S. law to be adopted and enter the United States. Learn how.


Once approved, the child's file will be transferred electronically to the U.S. Embassy in Santo Domingo. A staff member of the U.S. Embassy will contact the PAPs or their ASP to ask for a completed visa application and two photographs of the child. Once received, a Consular Officer will review the child's information and evaluate the child for possible visa ineligibilities.


If the consular officer determines that the child appears eligible to immigrate to the United States, he or she will send a letter (an "Article 5 Letter") to CONANI. PAPs are cautioned not to adopt or obtain custody of a child before a U.S. consular officer issues the Article 5 Letter.


Remember: The Consular Officer will make a final decision about the immigrant visa later in the adoption process.


5. Adopt the Child in the Dominican Republic:

Remember: Before PAPs complete the adoption or obtain guardianship of a child in the Dominican Republic, they must have completed the above four steps. Only after completing these steps, can PAPs proceed to finalize the adoption in the Dominican Republic.


The process for finalizing the adoption in the Dominican Republic generally includes the following:


  • Role of The Central Authority: After the prospective adoptive parents receive and accept the referral of a child, CONANI reviews the prospective adoptive parents' file for required documents and, if satisfied, issues a Certificate of Suitability.
  • Role of the Dominican Court of Minors (the Court): Dominican adoption law is governed by the Dominican Code of Fundamental Protection and Rights for Children and Adolescents, Law 136-03, Articles 111-167. The Dominican Court of Minors receives the formal, legal application for adoption. If the application is approved, the Court issues a Final Order of Adoption.
  • Role of Adoption Service Providers: The adoption service provider (ASP) forwards the prospective adoptive parents' application to CONANI. The ASP also is responsible for obtaining further permissions from the U.S. and Dominican authorities as well as ensuring that the PAPs are fully versed in the remaining procedures to be completed.
  • Time Frame: An adoption can be completed within nine to ten months of U.S. and Dominican requirements being met. It should be noted that many variables can affect the total time it takes to complete the intercountry adoption of a Dominican child.
  • Adoption Application: The prospective adoptive parents initiate contact with CONANI (via their attorney) and begin the process of locating a child who meets the definition of "Convention adoptee" under both Dominican and U.S. law.
  • Adoption Fees: Attorney fees for the adoption of a Dominican child range from $5,000 to $8,000 USD. All adoption-related expenses, including court costs and document fees, are included in this estimate. These expenses should have been itemized in the fees and estimated expenses section of the adoption services contract. Learn more about adoption service provider responsibilities.


SOCIALIZATION: If the PAPs accept the child placement, then the socialization period begins. This is the first contact between the child and prospective adoptive parents.

1. CONANI and the PAPs sign an act of consent
2. CONANI issues a certificate of completion of the administrative phase of the adoption process and refers the case to the Court of Children and Adolescents territorial jurisdiction. This begins the judicial phase of the adoption process.
3. Once the U. S. Citizenship and Immigration Service has approved the PAPs (I-800 approval) CONANI can continue the process and start the period of co-habitation between the PAPs and the candidate for adoption.


THE JUDICIAL PROCESS:

1. Requests from future adoptive parents are treated in strict chronological order, starting from the date of entry of the file to the Adoption Department.
2. All documents coming from abroad should be legalized or authenticated by the competent authority, and they should be translated into Spanish by a certified court interpreter.
3. Currently, the waiting time for records that are complete and on the waiting list for adoption is between two years to two and half years until being assigned to prospective adoptive parents.


NOTE: In Dominican Republic, the Law of Minors and Adolescents 136-03 states that only after completing an official adoption can a child be taken out of Dominican Republic for purposes of international adoptions. Thus, PAPs must complete the full and final adoption in Dominican courts before the child can be taken to the United States. In essence, there is no such thing as an IH4/IR4 visa for Dominican Republic. While guardianship exists for domestic purposes, it does not exist for intercountry adoptions.


CONTACTS: For more information or guidance on the process of Adoption in Dominican Republic, please contact the Department of Adoptions CONANI (see at bottom of page). In the adoption services contract that PAPs sign at the beginning of the adoption process, the ASP shall itemize the fees and estimated expenses related to the adoption process.


NOTE: Additional documents may be requested. If PAPs are asked to provide proof that a document from the United States is authentic, we can help. Learn how.


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