INTERNATIONAL ADOPTION

July 2002

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 legal counsel.

PLEASE NOTE: Priority is given to Chilean families over non-Chilean families who wish to adopt. Consequently, most of the children available for international adoption are age 4 and older. Due to the nature of U.S. and Chilean law, it is important that adopting families consult with the Embassy before beginning any adoption procedures to ensure it complies with the law.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S. based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Chile and applying for an immigrant visa for the child to come to the United States. This process involves complex foreign and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parents(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Chile before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

FY 1997: IR-3 immigrant visas issued to Chile orphans adopted abroad - 4

IR-4 immigrant visas issued to Chile orphans adopted in the U.S. - 24
FY 1998: IR-3 - 5, IR-4 - 17
FY 1999: IR-3 - 6, IR-4 - 13
FY 2000: IR-3 - 0, IR-4 - 3
FY 2001: IR-3 - 3, IR-4 - N/A

*Under the new Chilean law, children may not leave the country until the adoption is complete. Therefore, the IR-4 category is not applicable in Chile.

CHILE ADOPTION AUTHORITY:

SENAME (Servicio Nacional de Menores) is the clearinghouse for adoptions and approves parents who wish to adopt. Couples interested in adopting in Chile must contact SENAME first before beginning any adoption proceedings.

CHILE ADOPTION PROCEDURES: Families interested in adopting in Chile must apply and be approved by SENAME, which keeps the national registry of children eligible for adoption. These children have been declared eligible for adoption (susceptible de ser adoptado) by a judge and all parental rights have been terminated. SENAME matches available children with families who wish to adopt. Blood relatives are always given priority, followed by Chilean families, then non-Chilean families. After a child is matched with a family, there is a hearing in front of judge where the adoption decree is signed. A new birth certificate, with the adoptive parents' names, is issued and can be used to obtain the child's Chilean passport. Obtaining a new passport is the longest stage of the process and U.S. families should plan to remain in Chile for a few additional weeks after the adoption is final.

AGE AND CIVIL STATUS REQUIREMENTS: Under Chilean law, married people between the ages of 26 and 59 may adopt in Chile. At this time there is no legal provision for single parents to adopt. There must be at least a 20-year age difference between the adopting parents and the child.

RESIDENCE REQUIREMENTS: There is no residency requirement to adopt in Chile.

ADOPTION AGENCIES AND ATTORNEYS: There are no government approved adoption agencies or attorneys in Chile. If retaining the services of a private adoption agency or attorney, adopting parents should make sure that they are working with SENAME.

The new Chilean adoption law provides for SENAME to oversee the adoption process from the request to terminate parental rights to the issuance of the final adoption decree. An attorney is not necessary for the first stage of the process, the termination of parental rights. However, an attorney is recommended for the final adoption process. Fees vary, but adoptive parents should expect to spend no more than $3000 dollars. Adoptive parents should report exorbitant fees to the American Embassy, the Department of State or SENAME.

Americans may wish to contact the American Embassy in Santiago before retaining the services of an adoption agency or attorney to ascertain if that attorney or individual has been the subject of investigation or indictment in Chile, or if complaints have been received from U.S. citizen adoptive parents. The Embassy can also provide names of Chilean attorneys who specialize in adoptions, although it cannot recommend someone specifically.

NOTE: Whether retaining the services of an attorney or adoption agency, it is essential that adopting parents ascertain that these agents are working with SENAME to ensure that the adoption is legal under U.S. and Chilean law.

DOCTORS: Should either you or your child experience health problems while in Chile, the U.S. Embassy maintains current lists of doctors and sources for medicines.

CHILE DOCUMENTARY REQUIREMENTS: The following documents are required by SENAME before adoptive parents may be approved.

• Birth certificates and marriage certificate of the prospective parents
• Certificate issued by a Chilean Consul in the U.S. that states that the parents have met all U.S. adoption requirements
• Favorable home study conducted by an accredited agency in the U.S.
• Physical and psychological exams demonstrating the well-being of the parents
• Proof of parents financial situation, i.e., ability to successfully support the child
• Recent photographs
• Three notarized letters of recommendation from U.S. community, religious or other governmental authorities
• Certificate from the U.S. Embassy stating that the child will receive U.S. citizenship automatically once they legally enter the U.S. with an immigrant visa. (In order to obtain this certificate, adopting parents must come to the Embassy before completing the adoption.)

AUTHENTICATION PROCESS: All documents above must be authenticated prior to presenting them to SENAME. Generally, U.S. civil records, such as birth, death, and marriage certificates must bear the seal of the issuing office. Then they must first be authenticated by the state’s Secretary of State in the prospective parents’ state capital, then by the U.S. Department of State Authentication’s office and then by the an Embassy or Consulate in the United States. Prospective parents should check with the an Consulate in the U.S. with jurisdiction over their state to see what seals and signatures the Consulate can authenticate. It may be possible to eliminate some of the steps if the Consulate has the seal of the local issuing authority on file.

Tax returns, medical reports and police clearances should also be authenticated, beginning with the seal of notary public in the United States or other appropriate issuing office. The county clerk where the notary is licensed or a similar authority should authenticate the notary’s seal. The document should then be authenticated by the state Secretary of State; the U.S. Department of State Authentication’s Office, and the an Embassy or Consulate.

EMBASSY OF CHILE IN THE UNITED STATES

1732 Massachusetts Avenue, N.W.
Washington, DC 20036
Tel: (202) 785-1746
Fax: (202) 887-5579
http://www.chile-usa.org

CONSULATES GENERAL OF CHILE

875 N. Michigan Ave.
Suite 3352
Chicago, IL 60611
Tel: 312-654-8780
Fax: 312-654-8948

1360 Post Oak Bldg.
Suite 1330
Houston, TX 77056
Tel: 713-963-9066
Fax: 713-961-3910

1900 Avenue of the Stars
Suite 2450
Los Angeles, CA 90067
Tel: 310-785-0113
Fax: 310-785-0132

800 Brickell Ave.
Suite 1230
Miami, FL 33131
Tel: 305-371-3219
Fax: 305-374-4270

866 United Nations Plaza
Suite 302
New York, NY 10017
Tel: 212-355-0612
Fax: 212-688-5879

Public Ledger Building
446 6^th & Chesnut
Philadelphia, PA 19106
Tel: 215-829-9520
Fax: 215-829-0594

870 Market Street
Suite 1062
San Francisco, CA 94102
Tel: 415-982-7662
Fax: 415-982-2384

American Airlines Building
1509 Lopez Landron, Suite 800
Santurce
San Juan, PR
Tel: 809-725-6365
Fax: 809-725-7295

In addition, Chile has honorary consuls located in the following cities who may perform authentication services (please consult a local phone book for addresses and phone numbers): Atlanta, Boston, Charleston, Dallas, Honolulu, New Orleans, Olympia, WA, San Diego, Santa Clara, CA.

U.S. Department of State Authentications Office

518 23rd St., N.W.
Washington, D.C. 20520
(202) 647-5002

Fee: $5.00. For additional information, call the Federal Information Center: 1-800-688-9889, and choose option 6 after you press 1 for touch tone phones. Walk-in service is available from the Authentications Office from 8 a.m. to 12 noon Monday-Friday, except holidays. Walk-in service is limited to 15 documents per person per day (documents can be multiple pages). Processing time for authentication requests sent by mail is 5 working days or less.

U.S. IMMIGRATION REQUIREMENTS

A Chilean child adopted by a U.S. citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. The child must be an orphan, as defined by U.S. immigration regulations. Children who do not qualify under this definition may not immigrate to the U.S. as an orphan even if legally adopted by a U.S. citizen. There are two distinct categories of immigrant visas available to orphans adopted by U.S. citizens. The two categories are Immediate Relative-3 (IR-3) and IR-4. An IR-3 is issued when a child is adopted under the laws of a foreign country. An IR-4 is issued when a child will be adopted in the United States (American parents have custody of a child to take him or her to the United States to be adopted in the United States). An IR-4 is also issued when state pre-adoption requirements require that a child be adopted in that state or if both parents have not seen the child. Please note that because Chilean law requires children be adopted in Chile, it is unlikely that IR-4 visa will be issued. The Department of State encourages U.S. citizens to verify that a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption.

An Orphan. If an adopted child has not resided with and been in the legal custody of the adoptive parent for at least two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

• The child must be under the age of 16 at the time an I-600 Petition is filed with the BCIS on his or her behalf
• The child meets the U.S. immigration law definition of "orphan" either because:

(a) The child has no parents because of the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents**; or

(b) The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption

• The adopting parents must have completed a full and final adoption of the child (for IR-3) or must have legal custody of the child to take the child to the United States for emigration and adoption (for IR-4).

**Prospective adopting parents should note that the terms "disappearance of both parents," "abandonment by both parents," "desertion by both parents," "separation from both parents," and "loss from both parents" all have specific legal meanings defined in section 204.3(b) of Title 8 of the U.S. Code of Federal Regulations. Whether a child qualifies as an orphan under any of these categories is determined by reference to the U.S. regulatory definitions and not by any local (foreign) law designations that may be used to identify a child as orphaned.

The adopting parent(s) must meet the following BCIS requirements in order to file the I-600 petition for the immigrant visa for an adopted child:

• If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;
• If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;
• The adoptive or prospective adoptive parent must be a U.S. citizen.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who obtains an approved I-600A may file an I-600 in person at the U.S. Embassy in Santiago.

Documentary Requirements for the I-600A

• Approved Form I-600A (Application for Advance Processing of Orphan Petition),
• Fingerprints of each prospective adoptive parent on Form FD-258,
• Proof of the prospective petitioner’s United States citizenship,
• Proof of the marriage of the prospective petitioner and spouse, if applicable,
• Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable,
• A "home study" completed by the appropriate State organization with a favorable recommendation,
• Filing fee of U.S. $460.00

The I-600 is filed at the U.S. Embassy in Santiago after an adoptive parent has legal custody of a child. If an I-600A has already been approved, there is no fee. However, if parents are adopting two or more biologically unrelated children, there will be a $332 fee for the second child.

Documentary Requirements for the I-600

• Form I-600, Petition to Classify Orphan as an Immediate Relative,
• Proof of the orphan’s age,
• Death certificate(s) of the orphan’s parent(s), if applicable,
• Proof that the orphan’s sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan only has one parent,
• A final decree of adoption, if the orphan has been adopted abroad,
• Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage,
• Proof that the pre-adoption requirements, if any, of the state of the orphan’s proposed residence have been met, if the orphan is to be adopted in the United States.

Detailed information about filing these forms can be found on the BCIS web site at http://www.uscis.gov. U.S. citizens who have adopted or hope to adopt a child from Chile should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Santiago as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the adopting parent(s) and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an BCIS office in the U.S.

II. The Orphan Investigation

One part of the petition process which BCIS cannot complete in advance is the "orphan investigation." An orphan investigation Form I-604 Report on Overseas Orphan Investigation is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by U.S. immigration law. A consular officer performs this investigation when the adopting parents come to the Embassy to obtain the certificate required by SENAME.

VISA INFORMATION & WHAT TO EXPECT: Once the child has an approved I-600 and the adoption is final, the family will be given the forms to schedule a medical exam with one of the Embassy's panel physicians. An interview will follow within two (2) business days. The child must appear in person at the interview. Approved visas are delivered by courier the next day for a fee of 2000 Chilean pesos (about $3 US).

In addition to the $332 filing fee for the I-600 petition (not applicable if the I-600A has been filed within one year of the I-600), there are other fees in the immigrant visa process:

Medical Exam: $ 55.00 (paid to panel physician)
Visa Application fee: $260.00
Visa Issuance fee: $ 65.00

The Embassy accepts payment of the visa fees in cash or by money order, in U.S. dollars or Chilean pesos.

NATURALIZATION: The Child Citizenship Act of 2000 allows for the automatic acquisition of U.S. citizenship for foreign adopted children of U.S. citizens. If a foreign-born child was adopted abroad and entered the United States on an Immediate Relative (IR-3) visa in the company of the adopting parents, the child automatically becomes a U.S. citizen. If a foreign-born child enters the United States on an IR-4 visa and is adopted in a U.S. court, the child will become a U.S. citizen when the adoption is finalized (the child will be a legal permanent resident until then).

U.S. EMBASSY IN CHILE

Consular Section - Immigrant Visas
Avenida Andrés Bello 2800
Santiago, Chile
Tel: (56)(2) 335-6550
Fax: (56)(2) 330-3005
Web site: http://www.usembassy.cl
Email: SantiagoVisa@state.gov
Public Attention Hours: Mondays and Thursdays, 8:30 a.m. to 11:30 a.m.
I-600 Petition filing: Monday through Friday, by appointment

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 Chile may be addressed to the Consular Section of the U.S. Embassy in Santiago. 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, telephone 1-888-407-4747 with specific questions.

Information is also available from several sources:

Telephone

Office of Children’s Issues - recorded information regarding changes in adoption procedures and general information, (202) 736-9099.

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.

BCIS web site - http://www.uscis.gov

Other Information

Consular Information Sheets - The State Department has general information about hiring a foreign attorney and authenticating documents which may supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets (CIS's) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CIS for that country, the State Department may issue a Public Announcement alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at http://travel.state.gov.

Call Center - toll free hotline: Overseas Citizens Services in the Bureau of Consular Affairs (CA/OCS) has established a toll free hotline for the general public at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calls from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328. Persons seeking information or assistance outside of these hours, including weekends or holidays should call 1-202-647-5225.