How to Adopt from El Salvador

Collage of San Salvador.
Source: wikipedia.org.

This page is for steps 1-2 of How to Adopt from El Salvador. For steps 3-4 please read How to Adopt from El Salvador Part 2. For step 5 please read How to Adopt from El Salvador Part 3 and for step 6 please read How to Adopt from El Salvador Part 4.

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.