United States Department of State
Washington, D.C. 20520
May 24,1999
INTERNATIONAL ADOPTION-NICARAGUA
- Disclaimer
- General
- Availability Of Children For Adoptions
- Nicaraguan Adoption Authority
- Residence Requirements
- Authentication Of Documents
- Adoption Agencies And Attorneys
- Time Frame
- Travel Of The Child
- Nicaraguan Embassy And Consulate In U.S
- U.S. Fees
- Additional Information
- American Embassy Assistance
- Problems
- Visa Questions
The information in this circular relating to the legal requirements
of specific foreign countries is provided for general information only.
Questions involving interpretation of specific foreign laws should
be addressed to foreign.
Nicaraguan law allows only for the adoption of
children by Nicaraguan citizens or permanent residents of Nicaragua.
In very limited situations in the past a few exceptions to the
requirement that adoptive parents be National Citizens or Permanent
Residents of Nicaragua have been allowed in instances where
Nicaraguan authorities have found that such adoptions appear to be
in the child's best interest. Full adoptions must take place in
Nicaragua. Generally, it is not possible to obtain guardianship of a
child to be adopted abroad. Prospective adoptive parents must have a
permanent residence in Nicaragua and must plan to stay in the
country until the child becomes and adult though these restrictions
may be waived.
[Go to top]
Recent U.S. immigrant visa statistics reflect the following pattern
for visa issuance to orphans:
Fiscal IR-3 Immigrant Visas IR-4 Immigrant Visas
Year Issued to Nicaraguan Issued to Nicaraguan
Orphans Adopted Abroad Orphans Adopted in U.S.
FY-1995 10 0
FY-1996 14 0
FY-1997 16 0
FY-1998 16 0
[Go to Top]
The FONIF (Fondo Nicaraguense Para la Ninez Y la Familia)
is the Government of Nicaragua institution responsible for adoptions.
NICARAGUAN ADOPTIONS PROCEDURES: The child
must be either orphaned or abandoned to qualify for adoption. A
child is considered an orphan if the parent (s) registered on the
birth certificate is/are deceased. Parental abandonment must be an
unconditional and irreversible break with the child. A child is not
considered to be abandoned if FONIF is able to place the child in
the custody of a relative. The adoption must take place in Nicaragua
before the child leaves the country.
According to Nicaraguan law, prospective adoptive parents must either be
Nicaraguan citizens or have permanent residence in Nicaragua and
plan to remain in Nicaragua until the child reaches the age of
majority. Certain requirements regarding residence and plans to
remain in Nicaragua have been waived in a few cases.
[Go to Top]
All foreign documents presented to the INSSBI in support of an
adoption must be authenticated, translated, and certified. The required
documents are: 1) parent's birth certificate, 2) parent's marriage
certificate, 3) a certificate stating that the parents are in good
health, 4) economic information 5) a "psychological-social" study
and 6) three photographs of each parent.
Generally, U.S.civil records, such as birth,
death, and marriage certificates must bear the seal of the issuing
office, then be authenticated by the state Secretary of State in the
United States, the U.S. Department of State Authentication Office,
and the Nicaraguan Embassy or Consulate. Tax returns, medical
reports and police clearances should likewise be authenticated,
beginning with the seal of a notary public in the United States or
some appropriate issuing office. The notary's seal should be
authenticated by the clerk of court of the county where the notary
is licensed or some similar authority. The document should then be
authenticated by the state Secretary of State, the U.S. Department
of State Authentication Office, and the Nicaraguan Embassy or
Consulate. The U.S. Department of State Authentication Office is
located at 2400 m Street, N.W., Room 101, Washington, D.C. 20520,
Tel: (202) 647-5002. Walk-in service is available from 8 a.m. to
12-noon Monday -Friday, except holidays. The Department charges
$4.00 per document for this service, payable in the form of a check
drawn on a U.S. bank or money order made payable to the Department
of State. It is advisable to bring several copies of the completely
authenticated documentation with you to Nicaragua.
[Go to Top]
The adoptive parents must work directly with the FONIF until the
final stage of the adoption. Once the FONIF authorizes the adoption, the adopting
parents may hire a lawyer to complete the adoption procedures. Adoptions
arranged by foreigners directly with the birth parents or private orphanages
whether personally or through the offices of an attorney or adoption agency
are almost universally disapproved by FONIF. Though in some cases local attorneys
have managed to obtain court decrees for such arrangements, these adoptions
are not valid under Nicaraguan law without FONIF approval. Lists of attorneys are
available from the American Embassy or the Department of State, Office of American
Citizens Services.
The actual adoption process takes approximately six months.
The child may not travel until all adoption procedures are final.
[Go to Top]
Embassy of Nicaragua
1627 New Hampshire Avenue, N.W.
Washington, D.C. 20009
Tel; (202) 939-6570
Embassy of Nicaragua
820 2nd Avenue
Suite 801
New York, N.Y. 10017
Tel: (212) 490-7997
Consulate of Nicaragua
61 Broadway
Suite 2529
New York, N.Y. 10006
Tel: (212) 344-4491
[Go to Top]
SCHEDULING APPOINTMENT WITH U.S. CONSULAR OFFICER
It is advisable for the prospective adoptive parents to contact the
Consular Section of the U.S. Embassy in Managua at least one day
before coming into the Consulate to check that the documents are in
order and to schedule an appointment for the immigrant visa
interview. The Embassy cannot guarantee issuance of the visa in
advance of the interview. If you are outside the U.S. and the child
has completed his medical examination, you will have a preliminary
interview with the consular officer in order to complete form I-604
"Request for and Report on Overseas Orphan investigation". The child
must be present at the Embassy for the immigrant visa application.
The medical examination must be performed by a physician from an
approved list of physicians provided by the Embassy using a
specified form. Unless special circumstances, such as a physical
handicap, indicate the child's care will be particularly costly, the
adopting parents will not be required to provide further proof of
their financial situation, as this information will have already
been provided at the time of petition (I-600A 0r I-600)
approval.
[Go to Top]
WHAT DOCUMENTS TO BRING WITH YOU TO U.S. EMBASSY
Note: Since each case is different, it is possible that the Embassy
will request additional documents after a preliminary review of the
applications of the prospective adoptive parent (s).
For the immigrant visa application the child will need:
Certified copy of child's birth certificate issued
by the civil registrar indicating the name of both parents if known
If birth father, mother, or both are deceased certified copy of
death certificate issued by civil registrar.
Decree of Abandonment by FONIF.
Adoption decree issued by a Nicaraguan court.
Authorization from a Judge to permit the minor to leave Nicaragua.
Valid Nicaraguan passport.
Three 1 3/4 inch color visa photographs.
Medical examination (according to Embassy
instructions). If the minor has a physical or mental disability, a
notarized statement will be required from the prospective adoptive
parent (s) in the United States indicating that they are fully
aware of the physical or mental disability of the minor and in
spite of that fact that they have the intention of finalizing the
adoption. This statement can be included in item 19 of form I-600
and also in the home study if more convenient. In that case a
separate notarized statement will not be required.
In case where the minor has not been seen
or observed in person by the prospective adoptive parent (s), a
notarized statement by those parents will be required indicating
that although they have not seen or observed the minor in person,
they are nevertheless willing to adopt or re-adopt the minor in
the United States. Both parties must sign the I-600 after the
child has been identified. This means that if one party has gone
abroad to arrange the adoption, and the other remained in the
U.S., the I-600 must be sent by one spouse to the other with the
child's identity information completed and an original signature
of the spouse reflecting their concurrence with the procedure.
This is generally done by express courier in the interest of time.
In the case of a minor taken to the United States by a third party,
for example a legal representative or social assistant of an adoption
agency or other entity, a notarized statement will be required
authorizing that person to take the minor to the United States with the
purpose of placing him/her with the prospective adoptive parent (s).
This statement can also be included in the Judge's authorization for the
child to leave Nicaragua. Note: There are no provisions in INS
regulations for approving petitions signed by agents with powers of
attorney. Consequently, even if an agent is physically accompanying the
child to the U.S., the petition itself must be signed by the adoptive
parent (s), after the child has been identified.
[Go to Top]
INS FEES FOR I-600 AND I-600A PETITIONS
The INS fee for an I-600 or I-600A petition is
$405. If you have a valid I-600A and file an I-600 within one year
of the approval of the I-600A, no fee will be charged for the I-600
provided you are only petitioning for one child or for siblings. If
you are petitioning for more than one child and the children are not
siblings, the I-600 fee will be charged.
U.S. STATE DEPARTMENT AUTHENTICATION FEE
If you are having documents authenticated by the Department of State Authentication
Office, there is a fee of $32.00 per document.
MEDICAL EXAMINATION FEE
The adopted child must have a medical examination performed by one of the U.S.
Embassy or Consulate's panel physicians before the immigrant visa can be
issued. The cost of this medical examination is approximately U.S. $20.00 and
must be borne by the adoptive parent (s). To obtain the vaccination fee, the adoptive
parent (s) should contact the authorized physician.
[Go to Top]
U.S. IMMIGRANT VISA FEE
The fee for the immigrant visa is $325.00 and may be
paid in U.S. dollars. This $325.00 does not include medical examinations,
cost of documents, the petition, etc. The American Embassy does not accept personal
checks or credit cards.
Prospective-adopting parents should consult INS publication No. M-249,
"The Immigration of Adopted and Prospective Adoptive Children" and the Department of State
information flyer "International Adoptions".
Upon arrival in Nicaragua to try to arrange an
adoption, U.S. citizens should register at the American Embassy,
Consular Section, and American Citizens Services. To avoid problems,
it is always best for prospective adoptive parents to check with the
consular section when they begin the process. The Embassy will be
able to provide information about any outstanding travel advisories
and to provide other information about Nicaragua including list of
physicians, attorney, interpreters and translators. The American
Embassy is located at KM 4 1/2, Carretera Sur, Managua, Nicaragua.
Tel: 2666-010 Ext. 4779 or 4519.
[Go to Top]
Specific problems with adoption in Nicaragua may be addressed to the Consular
Section of the American Embassy. You may also contact the Department of State,
Office of Children's Issues, Room 4811 N.S., 2201 C Street N.W. Washington,
D.C. 20520-4818, Tel: (202) 647-2688with questions about international adoption
(not related to the issuance of U.S. visas).This office can also provide you with a
copy of the Department of State's general information flyer on International
Adoptions, which explains some of the problems and pitfalls common in adoption cases.
Information about any outstanding travel advisories can be obtained from the Department
of State, Office of American Citizens Services. You may listen to the travel advisories
by calling (202) 647-5225. If you would like copies of any travel advisories you may
call the American Citizens Services at (202) 647-5226. Copies are also available at
the 13 regional U.S. passport agencies.
For questions about U.S. visa petition procedures, contact the nearest office of
the U.S. Immigration and Naturalization Service, located in the Federal Government
section of your telephone book. General recorded information about visa procedures
is also available from the Department of State's Visa Office at (202) 663-1225.
[Go to Top]
|