INTERNATIONAL ADOPTION

BOLIVIA

July 1998

Important Notice: Bolivia ratified the Hague Convention on Intercountry Adoption in Janaury 2002. The Government of Bolivia has informed the American Embassy in La Paz that Bolvia will approve international adoptions only when the prospective adopting parent(s) reside in countries which have become party to the Convention. Prospective parents who are legal residents of Bolivia or American-Bolivian dual nationals may adopt orphans under Bolivian law.

The United States signed the Hague Convention in 1993. The State Department is preparing regulations to implement the Convention in the United States. It is expected that the Convention will enter into force in the United States in 2004.

DISCLAIMER: 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 COUNSEL.

GENERAL: Although adoption of children in Bolivia by foreigners remains a sensitive issue, the Bolivian courts are willing to approve such adoptions. The extremely careful application of Bolivian regulations concerning adoption by the Bolivian Juvenile Courts and the regional Directorates for Minors is a result of changes in Bolivian adoption law and practice in the last decade in an effort to combat questionable adoption practices. Adoptive parents, single or married, must be over the age of 25. Prospective parents may also have biological children of their own or other adopted children. Bolivian law does not allow a natural parent to voluntarily relinquish parental rights. Abandonment must be approved by a Bolivian court.

BOLIVIAN ADOPTION LAW: Adoption law in Bolivia has changed as a result of a new Minors Code (Codigo del Menor, Ley Numero 1403) which was signed by the President on December 18, 1992. As a result of this law, a Minors Court was established, with Judges of Minors assigned to make decisions regarding adoptions. The process of selecting the Judges of Minors began in November 1994 and continued through January 1995. A Judge of Minors determines whether to place a particular child with prospective adoptive parents.

There are key provisions in the new law that affect foreign adoptions. For instance, Article 98 states that foreigners who wish to adopt a Bolivian child must work through organizations legally authorized, accredited and registered with the Bolivian government. Presently, U.S. adoption agencies that are interested in being legally authorized accredited and registered in Bolivia must do so through the Vice Ministerio de Asuntos de Genero. Requests for personieria juridica or carta de intenciones should be addressed to: Dr. Pablo Metzelar, Aseroria Juridica, Vice-Ministerio de Asuntos de Genero Generacionales y Famila, Casilla 5960, La Paz, Bolivia, tel: 591 2 376862, fax: 591 2 366763. This office will coordinate the necessary requirements with the corresponding Prefect (equivalent to a state entity) and the Bolivian Foreign Ministry.

As a result of decentralization of social services in 1996, each Department of Prefectura (equivalent to a state entity) Oficina de Bienestar Social, serves as advisor on the suitability of the decision to place a child with adoptive parents. It conducts psychological and/or social studies for the courts, and must grant approval for a child to leave the country.

Several adoption agencies based in the U.S. are approved to process Bolivian adoptions. An updated listing of such agencies may be obtained from the Vice Ministerio de Asuntos Genero Generacionales y Familia. These agencies work with Bolivian attorneys who are responsible for ensuring that the adoption meets the requirements of Bolivian and U.S law. U.S. adoption agencies also are responsible to conduct post-adoption evaluations and/or post-placement services on a periodic basis for five years after the adoptive families leave Bolivia.

In theory, the new adoption practices will be efficient. According to the new Codigo del Menor, applications for adoptions which are submitted by international organizations will be directed by Departmental Officina de Bienestar Social to a judge of the Minors Court within 48 hours. Once the adoptive parents are accepted and a suitable child is identified, the adoption process begins. The prospective adoptive parents must be in Bolivia from the time of the first hearing before the Judge of Minors Court until the final judgment is rendered. This is generally a 30 day procedure.

Foreign adoptive parents are required to complete adoptions in a Bolivian court. International adoptions must state that it is an adopcion plena which is irrevocable. The previous practice of granting legal custody with the stated intention of completing adoption abroad is no longer an option.

TIME FRAME: Most cases take four to six weeks once the adoptive parents are in Bolivia. However, unexpected delays have occurred even in the final stages of the adoption process. The U.S. Embassy is also aware of cases in which adoptive parents have been required to travel to Bolivia more than once and one case in which adoptive parents have been required to travel to Bolivia more than once and once case in which one member of a couple stayed in Bolivia for three months. The Embassy cannot issue the child an immigrant visa until all Bolivian processing is completed.

BOLIVIAN EMBASSY AND CONSULATES GENERAL IN THE U.S.:

Embassy of Bolivia
Consular Section
3014 Massachusetts Ave., N.W.
Washington, D.C. 20008
tel: (202) 483-4410

Bolivian Consulates General are also located in San Francisco, Miami, New York City and Houston.

U.S. EMBASSY ASSISTANCE: Upon arrival in Bolivia to try to arrange an adoption, U.S. citizens should register at the American Embassy, Consular Section, American Citizens Services. The Embassy will be able to provide information about any outstanding travel advisories and to provide other information about Bolivia including lists of physicians, attorneys, interpreters and translators. Adoptive parents should contact the Embassy once the adoption is completed to schedule an immigrant visa interview. The Embassy must have authorization from the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) to process the adopted child's immigrant visa. At a minimum, the adoptive parents must have a certified copy of the adoption decree, the child's birth certificate, and a valid Bolivian passport for the child. Please call the Immigrant Visa Section at the Embassy for other visa requirements such as affidavit of support and immunizations. Adoptive parents are welcome to share information on their adoption experiences with the Embassy, which is located at Avenida Arce, Esquina Cordero, La Paz. Telephone: 591-2-430251. Fax: 591-2-433854.

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Bolivia may be addressed to the Consular Section of the U.S. Embassy or Consulate in Boliva. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818; Phone: 1-888-407-4747; Fax: (202) 312-9743.

Information is also available 24 hours a day from several sources:

Telephone

Office of Children's Issues - Recorded information regarding changes in adoption procedures and general information, 1-888-407-4747.

State Department Visa Office - Recorded information concerning immigrant visas for adoptive children, (202) 663-1225.

Bureau of Citizenship and Immigration Services in the Department of Homeland Security - Recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet

The Consular Affairs web site, at http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

Other Information

Consular Information Sheets - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225. The recordings are updated as new information becomes available, and is accessible through Internet web site, as above.