INTERNATIONAL ADOPTION

July 2001

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.

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 Colombia and applying for an immigrant visa for the child to come to the United States. This process involves complex Colombian 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 Bogota before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy (Consulate) to issue a U.S. immigrant visa for the child.

Colombian law allows children to be adopted so-called ONLYonly through the Colombian Family Welfare Institute (ICBF) and approved adoption agencies. Every adopted child MUST must have a final adoption decree in order to leave Colombia with a final adoption decree. The law requires that both adopting parents be physically present when the adoption is presented to a "family judge." There are no exceptions to this requirement, and the process usually takes one to two weeks. After both parents have appeared before the court, one of the parents may return to the United States while the other parent must remains in Colombia until the adoption/immigrant visa process is completed. At least one parent should plan to be in Colombia for two to six weeks.

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

FY-1996: IR-3 immigrant visas issued to Colombian orphans adopted abroad - 252
IR-4 immigrant visas issued to Colombian orphans adopted in the U.S. - 0
FY-1997: IR-3 visas - 232, IR-4 visas - 0
FY-1998: IR-3 visas - 231, IR-4 visas - 0
FY-1999: IR-3 visas - 231, IR-4 visas - 0
FY-2000: IR-3 visas - 197, IR-4 visas - 0

COLOMBIAN ADOPTION AUTHORITY: The government office responsible for adoptions in Colombia is The Colombian Family Welfare Institute (IBCF).

COLOMBIAN ADOPTION PROCEDURES: Colombian law has a system in which children may be placed for adoption only through the Colombian Family Welfare Institute (ICBF) and approved adoption agencies. Every child cannot Colombia without a final adoption decree. The law requires that both adopting parents be physically present when the adoption is presented to a "family judge." There are no exceptions to this requirement and the process usually takes one to two weeks. After both parents have appeared before the court, one of the parents may return to the United States while the other remains in Colombia until the adoption/immigrant visa process is completed. At least one parent should expect to be in Colombia for two to six weeks.

Colombian authorities require that a home study be conducted by a licensed agency in the state of residence in the U.S. In order for U.S. civil documents submitted for the adoption to be accepted by the Colombian Adoption Court, they must be authenticated by a Colombian consulate in the U.S. prior to the departure of the adoptive parents from the U.S. If either of the parents has changed his or her name, or if one of the parents uses a nickname, they should give special attention to ensure that the same name appears on each and every document."

AGE AND CIVIL STATUS REQUIREMENTS: The Colombian adoption laws require that at least one of the adopting parents be over twenty-five years of age and be physically, emotionally, and economically capable of supporting the adopted child. In practice, newborns are assigned to younger couples, and older children are assigned to older couples.

ADOPTION AGENCIES AND ATTORNEYS: The Colombian Family Welfare Institute (ICBF) licenses these adoption agencies to process international adoptions. The American Embassy assumes no responsibility for the professional competency or integrity of the agencies listed below:

AYUDAME
Director: María Clemencia Marquez Gutierrez
Calle 128 No. 8-53
Bogotá, Colombia
Apartado Aereo 102697
Telephone: 011-57-1-258 3390, 011-57-1-216- 0538, 011-57-1-216- 4406

BIENESTAR FAMILIAR (ICBF)
Grupo Nacional de Adopciones
Avenida 68 # 64-01
Bogotá, Colombia
Telephones: 011-57-1 - switchboard: 437 7630 - Ext. 3158 - 3157

CASA DE LA MADRE Y EL NIÑO
Director: Barbara Escobar de Vargas
Calle 48 No. 28-30
Bogotá, Colombia
Telephone: 011-57-1 -268 7400

CASA DE MARIA Y EL NIÑO
Director: Fanny Vargas
Calle 9 A Sur # 25-422
Loma de los Balsos - El Poblado
Medellin, Antioquia
Colombia, Apartado Aereo 062298
Telephone: 011-57-94 - 268-6112
Fax: 011-57-94-266- 6771

CHIQUITINES
Director: Adriana Delgado Marin
Ave. Lucio Velasco # 15-325
Sector El Aguacatal
Cali, Colombia, Apartado Aereo 034516
Telephone: 011-57-92-880 7496, 011-57-92-880 1040

CRAN
Director: Ximena Lleras Puga
Transversal 66 No. 164-30
Casablanca Norte
Suba, Colombia
Telephone: 011-57-1-681-4940, 011-57-1-681-3599, 011-57-1-692 5275

FANA
Director: Flor Angela Roja
Carrera 96 # 156-B-10 Suba
Salitre, Colombia
Telephone: 011-57-1-680-6000, 011-57-1-680-5611, 011-57-1-681-5037
Fax: 011-57-1-536-0602

LA CASITA DE NICOLAS
Director: Pilar Gomez de Tamayo
Carrera 50 No. 65-23
Medellin, Antioquia
Telephone: 011-57-94-263-8086
Fax: 011-57-94-211-4242

LOS PISINGOS
Director: Rosa de Escobar
Avenida 7 No. 157-91
Bogotá, Colombia
Telephone: 011-57-1-671-8591, 011-57-1-670-8686, 011-57-1-671-7778

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

Medical Examination: All adopted children must have a medical examination performed by one of the Embassy's panel physicians before an immigrant visa can be issued. The cost of this medical examination is approximately US $40.00 and must be paid by the parents.

COLOMBIAN DOCUMENTARY REQUIREMENTS: To know what documents are necessary and required by the prospective adoptive parents, you must contact the U.S. Embassy of Colombia in the U.S., the U.S. Embassy in Colombia for information or the Adoption Agencies.

U.S. IMMIGRATION REQUIREMENTS

A Colombian child, even if adopted by an American citizen, must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16¹ and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) having jurisdiction over their place of residence in the united States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Bogota. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Bogota for more information.

¹ A child adopted at age 16 or 17 will also qualify, provided he or she was adopted together with a natural sibling who was under age 16.

An Orphan. If an adopted child has not resided with the adoptive parent for 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 adoptive or prospective adoptive parent must be an American citizen. The child must be under the age of 16¹ at the time an I-600 Petition is filed with the BCIS on his or her behalf;
• 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 child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to determine if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by BCIS can be found on BCIS's web site at http://www.uscis.gov.

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 has an approved I-600A may file an I-600 in person at the U.S. Embassy in Bogota.²

² If a married couple is adopting the child and only one of the parents will travel to Colombia, that parent must be an American citizen. And remember, both parents must still sign the original I-600.

II. The Orphan Investigation

One part of the petition process that 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 US immigration law. This investigation is performed by a consular officer at the time of the child’s immigrant visa interview.

SPECIAL REQUIREMENTS: Parents adopting in Colombia must submit fingerprint cards along with their home study and other documents that are required by the Colombian courts. To obtain the fingerprint records, each parent should send a current set of fingerprints to the FBI. The cards may be requested from an Immigration and Naturalization Office (BCIS). When completed, the cards, a fingerprint fee of US $25.00 and a letter of intent (for example, indicating that the fingerprint reports are required for the Colombian adoption and immigrant visa process) should be sent to the address below. The FBI may take two to three months to return the completed reports.

Beginning December 19, 1997, U.S. immigration law has required all applicants for immigrant visas to present a contractually binding affidavit of support (FORM I-864) which has been completed and signed by the petitioner. All applicants MUST submit a signed and notarized I-864 in order to qualify for a visa. If the adoptive parents jointly file their income tax forms, the petitioner must complete Form I-864 and the spouse must complete Form I-864A. If more than one child is adopted, each child’s visa application must include an original signed and notarized Form I-864/I-864A, proof of the parents’ current employment or self employment, and federal income tax forms (1040 with the W2s) for the most recent three years.

VISA QUESTIONS: For questions about U.S. visa petition procedures, please contact the nearest office of the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security. (The telephone number can be found in the US. Federal Government Section of the telephone book). General recorded information about visa procedures is available from the Department of State’s Visa Office at (202) 663-1225.

COLOMBIAN EMBASSIES IN THE UNITED STATES:

 Colombian Embassy
2118 Leroy Place, NW
Washington, DC 20008
Telephone: (202) 387-5858, (202) 332-7476

Colombia also has consulates in Atlanta, Coral Gables, Boston, New Orleans, Chicago, New York, Houston, San Francisco, Beverly Hills, Washington DC, and Puerto Rico.

U.S. EMBASSY IN COLOMBIA:

The U.S. Embassy
Consular Section- Adoptions
Calle 22 D
Bis # 47-51
Bogotá, Colombia
Fax: 001-571-315-4155

Mailing Address

PO Box AA 3831
APO MIAMI 34038

Telephone calls from 2:00 to 4:00 P.M. (East Coast time) at the following number: 011-571-315-1566, Ext. 2795.

BABY SUPPLIES: If you are adopting an infant, we recommend you bring some of thea few hard-to-find items with you from the U.S.:

• Milk bottles (plastic, glass, and disposable) (teteros, biberones)
• Disposable plastic bags for milk bottles (available locally, but expensive)

New parents can rest assured that Colombia's cities have a sophisticated line of baby products and many items are available locally. The following can be found easily on the local economy:

• Plastic or cloth baby carrier (porta bebe en plastico o en tela)
• Bottle nipples (chupo, chupete)
• Disposable paper diapers with plastic shell (pañales desechables)
• Baby blankets (frazada para bebe)
• Infant wear (ropa para niños)
• Thermos bottle for hot water to prepare dry formula (termo)
• Electric hair dryer to dry diapers and other itemswet things (secador de pelo)

STORES: Several grocery chains in the main cities that offer a full line of baby products are:

• CAFAM
• CARREFOUR
• CARULLA
• EXITO
• OLIMPICA
• SUPER LEY
• 2 X 3 (Open from 6:00 am to 11:00 p.m., food items only, limited)

Bogota, Cali, and Medellin also have several sophisticated shopping malls where many of the baby items may be readily found and at good prices.

Baby clothes in Colombia are well made and not expensive. Clothes are original in design and are often woven in nice quality wool. Shops specializing in baby clothes are listed in the yellow pages under "Ropa para Niños."

HOTELS: If you are going to be staying in Colombia for several weeks when you pick up your baby, your choice of hotel or other lodging is momay varyst important both forby cost, (rangeing: from $80.00 to $250.00 per day,) and convenience, especially when carrying for a babyonce you have your baby with you. A larger selection of accommodations is available, and the final choice may be easier to make after your arrival in Colombia. if you look around after you arrive. Lodging recommended by other adoptive parents includes:are:

Tequendama Hotel
Carrera 10 # 26-61
Bogota, Colombia
Telephone: 011-57-1-282-2860, 011-57-1-342- 4613

Hotel Capital

Forte Travelodge (close to the American Embassy and the airport)
Avenida Eldorado # 69 A-51
Bogota, Colombia
Telephone: 011-57-1- 412-4961
Toll free: 9-8-001-1199

Hotel La Fontana
Avenida 127 # 21-10
Bogota, Colombia
Telephone: 011- 57 -1- 615-4400

Pension Halifax
Calle 93 No. 15-93
Bogota, Colombia (Chicó area)
Telephone: 011-57-1- 218-3916, 011-57-1- 616-3098

Betty’s Place
Calle 114 # 16-47
Bogota, Colombia
Telephone: 011-57-1- 215-9274

Hotel Residencias Paris
Transversal 18 #114-22
Bogota, Colombia
Telephone: 011-57-1-612-6310, 011-57-1-612-4445

Hotel Embassy Suites Rosales
Calle 70 # 6-22
Bogota, Colombia
Telephone: 011-57-1- 317-1368

* The State Department is not responsible for the condition of the hotels and in no way constitutes an endorsement, real or implied *

Our Request for Additional Information: If you find other good services, please let us know so we may keep our information complete, current, and helpful.

FEE: As of February 1, 1998, the total fee for an immigrant visa is US$325 (US$265 for the interview and US$65 for the visa) in addition to the cost of the medical exam. The Embassy cashier is not permitted to accept 100-dollar bills.

Upon request, the Department of State’s Office of Children’s Issues will send out Department of State’s general information flyer on International Adoption, which explains some of the problems and pitfalls common in adoption cases:

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 Colombia may be addressed to the Consular Section of the U.S. Embassy in Bogota. 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 202-736-7000 with specific questions. 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 are also accessible through the Internet web site, as above.