U.S. Department of State

U.S. Department of State
 
 

INTERNATIONAL ADOPTION

PANAMA

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.

PLEASE NOTE: International adoption is essentially a private legal matter between an individual or couple who wishes to adopt and a foreign legal system which operates under that country's laws and regulations. U.S. authorities cannot intervene on behalf of the prospective adoptive parent(s) with the legal system or other governmental entity in the country where the adoptions take place.

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 Panama and applying for an immigrant visa for the child to come to the United States. This process involves complex Panamanian 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 Panama 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.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics show that in the last five to six years, 24 IR-3's were given to Panamanian orphans, and 8 IR-4's have been given. This chart reflects the following pattern for visa issuance to orphans:

FY-1996: IR-3 immigrant visas issued to Panamanian orphans adopted in the U.S. - 5
IR-4 immigrant visas issued to Panamanian orphans adopted in the U.S. - 4
FY-1997: IR-3 Visas - 11, IR-4 Visas - 0
FY-1998: IR-3 Visas - 6, IR-4 Visas - 1
FY-1999: IR-3 Visas - 5, IR-4 Visas - 4
FY-2000: IR-3 Visas - 2, IR-4 Visas - 2

PANAMANIAN ADOPTION AUTHORITY: The government office responsible for adoptions in Panama is the two major courts, the "Juzgado de la Niñez y Adolescencia" (Children and Minors' Court) and "Juzgados Seccionales de Familia" (Family Courts). There are 12 district courts throughout the provinces in Panama. In provinces that do not operate with either legal system, the "Juzgados de Circuitos, Ramo Civil" (Circuit Courts) will handle some adoption cases.

Juzgado de la Niñez y Adolescencia- the Juzgado de la Niñez y Adolescencia has jurisdiction over adoption cases of abandoned children wards of the court or orphans. The Juzgado de la Niñez y Adolescencia is the legal system for orphan adoptions in Panama. The courts generally require proof from the U.S. government such as the I-600A approval notification that the parent(s) are eligible for adoption.

Juzgados Seccionales de Familia- The Juzgados Seccionales de Familia have jurisdiction over adoption cases where the child has been placed under adoption by written consent of the child's birth parent(s).

PANAMA ADOPTION PROCEDURES: To begin the adoption process, an attorney must present the necessary paperwork in the form of a "demanda" or petition for the courts to review. Usually, the adoptive parent(s) and their attorney will communicate with the judge's staff until the petition is ready for review. If the judge approves the petition, the judge will forward the documents to the "Registro Civil de Panama" (Civil Register). The adoption is not official until it is published in the Civil Register and the judge has signed a final decree. Both courts have similar processes for international adoption:

  • The prospective parent(s) and the lawyer must submit the "demanda", or petition, to the courts. For the "Juzgados Seccionales de Familia", the adoptive parent(s) must have the birth parent(s) sign a document that "irrevocably" grants custody to release the child for adoption and immigration to the adoptive parent(s) or adoption agency.
    *Note: All of the documents supporting the parent(s)' authority to adopt must be translated into Spanish*
  • In adoption cases where prospective adoptive parent(s) are granted legal guardianship of a child in order to adopt the child in the United States, a Panamanian judge must interview the adoptive parent(s) and determine that an adoption outside of Panama is in the best interests of the child. This often includes a psychological evaluation of the parent(s) by a social worker. This evaluation can be performed by a comparable agency in the United States. The "Juzgados Seccional de Familia" requires a special investigation by a court- appointed agency to certify that the child is an orphan.
  • A judge must approve the departure of a child from Panama if the child is leaving without the child's natural parent(s) or legal guardian. The judge will grant the prospective parents guardianship for a trial period. If the judge determines that the child's adjustment has been successful, the adoption is finalized under Panamanian law. If the judge is concerned about the child's welfare, the judge may extend the trial period or cancel the process altogether.

How to bring a Foreign-Born Orphan to the United States: Whether the adoptive parent(s) identify a child prior to leaving the U.S. or locate a child on a trip to Panama, the BCIS requirements must be met before the I-600 immigrant petition is approved and the visa is issued.

Once the prospective adoptive parent(s) have met BCIS approval requirement and the Panamanian adoption requirements, the prospective adopting parent(s) can then apply for an immigrant visa for the child at the Consular Section of the American Embassy in Panama. The procedure for this is as follows:

  • BCIS sends notification of the approval for both the I-600A and the I-600 to the Consular Section of the American Embassy in Panama. The adoptive parent(s) should also bring a certified copy of the approvals to the consular officer.
  • The consular officer will review the case and the I-600 petition and possibly conduct the I-604 Report on Overseas Orphan Investigation. The purpose of this investigation is to verify the orphan status and the circumstances under which the child was adopted.
  • The prospective parent(s) file the OF-230 immigrant visa application
  • The consular officer approves the immigrant visa application and issues the child a visa. This does not make the child a U.S. citizen. The visa issuance only permits the child to enter the U.S. as a legal permanent resident.

AGE AND CIVIL STATUS REQUIREMENTS: For parent(s) who wish to adopt a non-orphan child under the age of sixteen, the child must be in the legal custody of, and have resided with, the adopting parent or parent(s) for at least two years. This is called a "two-year provision" and only applies to children who do not qualify as orphans. After the two years, the child is eligible for the I-600 Petition to Classify a Child as an Immediate Relative.

Panamanian courts allow United States citizens to adopt; however, Panamanian citizens are given preference. Under the current Panamanian adoption law, adopted children do not need to be orphans, though their natural parent(s) must have legally abandoned them. Most adoptions of Panamanian children by U.S. parents take place in Panama. Less frequently, Panamanian Courts may grant the U.S. citizens guardianship, allowing for adoption following the family's return to he United States. There are no legal impediments to granting guardianship, but the two court systems discourage this practice.

Qualifications for Prospective Adoptive Parent(s): Panamanian law requires that prospective adoptive parent(s) fall within the following categories:

  • The couple must have been married for at least five years.
  • The man's age can be no older than forty-five and the woman's age no older than forty.
  • Single persons may adopt but only children of their own sex.
  • No family line adoptions.
  • The courts do not separate siblings. If a parent would like to adopt one child, they must adopt the child's siblings.
  • There must be a fifteen-year age difference between the prospective adoptive parent and the child.
  • Homosexual individuals or couples are not permitted to adopt children.

ADOPTION AGENCIES AND ATTORNEYS:

International Organizations of Voluntary Adoption Agencies and NGOs (IVAAN)
1930 Seventeenth Street, NW
Suite I
Washington, D.C. 20009

Department of State
Office of Children's Issues
Room 4811, Overseas Citizens Services
Bureau of Consular Affairs
Washington, D.C. 20520-4818
Tel: 202-736-7000/ Fax: 202-647-3000

Adoption Families of America
2309 Como Avenue
St. Paul, MN 55108
Suite I
Washington, DC 20009

UNICEF
Apartado 6917
Panama 5, Republic de Panama
Email: unicef@sinfo.net
Tel: (507)-315-0552
Fax: (507)-315-0556

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

Panamanian Medical Requirements for Adoptive Parents: In addition to a medical examination of the child to be adopted, the courts may request a psychological evaluation of the prospective adoptive parent(s). This evaluation includes an extensive question and answer session with Panamanian doctors and an assessment of the prospective adoptive parent(s)' temporary home in Panama. The parent(s) may collaborate with the Panamanian legal systems and a U.S. social service agency equivalent to the Panamanian social services agency to have this procedure completed from the United States. They should coordinate with their Panamanian attorneys to determine the requirements for the Panamanian courts prior to traveling to Panama. The medical evaluation documents should also be fully translated from English to Spanish for use by Panamanian courts, the BCIS and the American Embassy in Panama.

The medical examination for the child for purposes of obtaining the immigration visa (IR-3 or IR-4) can only approved by a panel physician. In Panama these panel physicians are located at the Centro Medico Paitilla and Hospital Nacional, both in Panama City.

The Department of State and Bureau of Citizenship and Immigration Services in the Department of Homeland Security require that an adoptive child undergo a medical examination by an approved a panel physician.

The goal of the medical examination is to detect certain serious contagious diseases or disabilities that may be a basis for visa ineligibility. If the child is found to have an illness or disability, the child may still be issued a visa after the illness has been treated and is no longer contagious, or after the BCIS approves a waiver of the visa eligibility. If the physician or the consular officer notes that the child has a serious disease or disability, the parent(s) will be notified and asked if they wish to proceed with the child's immigration and adoption. In addition, the consular officer ensures that the adoptive parent(s) are aware of any medical problems that the medical examination may have uncovered.

Prospective adoptive parent(s) should not rely on this medical examination to detect all possible disabilities or illnesses. The child should be re-examined by a second doctor when they arrive in the United States.

Panamanian Medical Requirements: Panamanian law requires that the prospective adopted child undergo a comprehensive psychological and physical medical examination. This purpose of this examination is to detect any possible medical conditions of which the adoptive parent(s) may not be aware. The prospective adoptive parent(s) are also subject to a psychological evaluation by medical examiners appointed by the Panamanian courts. The parent(s) have the option of receiving an evaluation in the United States prior to travelling to Panama. The evaluation must be conducted by an agency acceptable to the Panamanian judicial authority.

PANAMA DOCUMENTARY REQUIREMENTS:

  • I-600A (Application for Advance Processing of an Orphan) before you identify a child
    *The approval of the I-600A only indicates that the prospective parent(s) are eligible under U.S. law to adopt a foreign child. This petition does not automatically convey authority for departure of the prospective adoptive child from Panama*
  • A U.S. certified home study of the adoptive parent(s), or the most recent update to the home study, must not be more than six months old at the time it is submitted.
  • Current Federal Bureau of Investigation (FBI) fingerprint check, Form FD 258, of each adult in the household
  • Certified copies of adoptive parent(s)' birth certificates and/or U.S. passport(s) other evidence of U.S. citizenship of at least one parent.
  • Certificate of Marriage and Death or Divorce Decree of former spouse(s)
  • Proof of financial stability, 3 years of tax documents
  • Child's birth certificate and Panamanian passport.
  • Proof that the child is an orphan as defined by the INA
  • Proof of "legal custody" of the child for emigration and adoption such as an adoption decree
  • I-600, Petition to Classify an Orphan as an Immediate Relative
    *The approval of the I-600 indicates that a child has been identified and will be classified as an orphan relative to be adopted or readopted in the United States. This form is only applicable if the child is an orphan*

The following are vital documents for processing an adoption in both Panamanian court systems. All of the following documents must be translated into English and Spanish for the Panamanian and United States agencies. Prospective adoptive parent(s) must also have notarized copies of the documents readily available in the event that a judge may need to keep these documents for future use:

  • Birth Certificate of each adoptive parent
  • Marriage Certificate and Death or Divorce Certificate of each adoptive parent (Death/Divorce certificates only required if either adoptive parent was previously married)
  • Health Certificate from a comparable social services agency to the Panamanian social services certifying good mental and physical health of each parent
  • Certificate of Good Conduct from local police in adoptive parent(s)' state of resident
  • Letter from employer stating position and salary
  • 2 photographs, passport size of each parent
  • 2 reference letters from a person who can attest to your character, financial situation and living conditions
  • Sociological home study report conducted by U.S. social worker or a U.S. certified investigative agency approved by Panamanian court systems
  • Psychological evaluation conducted by authorized medical officer in Panama or U.S. certified medical official approved by Panamanian courts. If evaluated in the United States, this evaluation should be performed by an agency equivalent to the Panamanian social services.

    Note: Although procedures and documentary requirements may seem repetitive, authenticating and obtaining several copies of the same document is advisable to meet documentary requirements. The process is designed to protect the child, the adoptive parent(s) and the birth parent(s).

U.S. IMMIGRATION REQUIREMENTS

A Panamanian child 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 16 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. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Panama. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Panama for more information.

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 16 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 consider 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 Panama .

Detailed information about filing these forms can be found on BCIS's web site at http://www.uscis.gov. Americans who have adopted or hope to adopt a child from Panama should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Panama as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents 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 US.

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.

In order to conduct a visa interview and to approve visa issuance, the consular officer requires that the adopting parent(s) provide the following specific documentation:

  • Notification by the BCIS of the I-600/I-600A approval
  • Final adoption decree or proof of custody from Panamanian courts
  • The child's birth certificate
  • The child's Panamanian passport
  • Visa application (Form OF 230)
  • Completed and signed medical examination of the child
  • Completed I-600 orphan petition (if it was not previously approved by BCIS)

The consular officer is particularly concerned with:

  • the identity of the child
  • the child's status as an "orphan" as defined by the INA
  • the "unconditional" release of the child by a sole surviving parent

TYPES OF VISAS ISSUED FOR ADOPTED CHILDREN:
IR-3 Visas- Children fully adopted overseas receive IR-3 visas:
For the child to qualify for an IR-3, both parent(s) prior to or during the adoption proceedings must have seen the child and the parent(s) must meet all pre-adoption requirements of their state. Most adopted children in Panama receive IR-3 Visas.

IR-4 Visas- Other orphan children, who are eligible for immigration, receive IR-4 visas: Thus, before an IR-4 visa can be issued, the consular officer must be sure that pre-adoption requirements by the child's future state of residence have been met.

Usually, the immigrant visa (whether IR-3 or IR-4) can be issued within 24 hours after the visa interview. If an issue cannot be resolved, however, the consular officer cannot approve the petition and must refer the petition to the appropriate BCIS office for adjudication.

PANAMANIAN EMBASSY (Consulates) IN THE UNITED STATES:
Embassy of the Republic of Panama
2862 McGill Terr., NW
Washington, DC 20008
Phone: 202-483-1407
Fax: 202-483-8413

Panama also has consulates in Mobile, Alabama; Los Angeles, California; San Francisco, California; Miami, Florida; Atlanta, Georgia; Honolulu, Hawaii; Chicago, Illinois; New Orleans, Louisiana; New York, New York; Cleveland, Ohio; Philadelphia, Pennsylvania; Houston, Texas, and San Juan, Puerto Rico.

U.S. EMBASSY (CONSULATE) IN PANAMA:
Bureau of Citizenship and Immigration Services in the Department of Homeland Security -Panama
American Embassy in Panama
Unit 0945 RSO
APO, AA 34002
Tel: (507)-207-7415

Consular Section
APO, AA 34002
Tel: (507)-207-4213

Ministerio de la Juventud, la Mujer, La Niñez y la Familia
(Ministry of Youth, Women, Children and Families)
Apartado 680-50
El Dorado, Panama
Tel: (507) 279-0712
Fax: 507-279-0716
Email: cdaven@bellsouth.net.pa

COSTS AND FEES: The following fees are associated with the adoption process. These fees do not include personal travel, lawyers' fees or other expenses associated with the adoption process. The adopting parent should prepare to pay these fees either in U.S. dollars, money order, cashier's check. Personal checks and credit cards are not widely accepted for these types of services and fees.

  • Bureau of Citizenship and Immigration Services in the Department of Homeland Securitys (BCIS) Fees: Fee for filing the I-600-A/ I-600 Petition - $460.00.
    Note: There are no additional charges for siblings above and beyond the $460.00 for the first child if the children are adopted simultaneously.
  • The Immigrant Visa:
    Fee for an Immigrant visa application --$260.00.
    Fee for an Immigrant visa issuance -- $65.00. ++

Note: This fee only applies if the consular officer approves the visa. ++

  • United States Lawyers' Fees: United States lawyers' fees vary and are not associated with the United States government.
  • Panamanian Courts: The Panamanian legal systems, Juzgado de la Niñez y Adolescencia and Juzgados Seccionales de Familia do not have fees for the adoption process.
  • Panamanian Lawyers and Translators: The adopting parent(s) should expect to pay from $500.00 to $2500.00 for lawyers in Panama. If the prospective adoptive parent(s) do not speak Spanish, it is necessary for the parent(s) to hire a translator for both speaking and document translation. Many Panamanian lawyers provide translator services and include the service in their fees.

SPECIAL CIRCUMSTANCES: During the adoption process, there are often specific situations/scenarios that occur outside of the normal adoption process. Questions about situations/scenarios not mentioned below or throughout this pamphlet may be addressed to BCIS/Panama or the consular section at the American Embassy in Panama.

Agent Accompanying Adoptive Child to the U.S.: If the child has been brought to the U.S. by a third party, (e.g. representative of social services organization or adoption agency), BCIS requires a notarized statement from the Juzgado de la Niñez y Adolescencia authorizing the individual to bring the child to the U.S. for adoption. This statement may be included in the judge's statement authorizing the child to travel to the United States. Even if an agent is accompanying the child to the United States, the immigrant petition must be signed by the adoptive parent(s) after the child has been identified.

Cases Referred to BCIS: If the consular officer cannot approve an immigrant visa, i.e. there are unresolved issues, the officer will refer the case to the BCIS office for mediation. At this point the BCIS office can approve or reaffirm the I-600A/I-600 petition(s) and the consular officer can resume processing. If the BCIS determines the case "cannot be clearly approved", several scenarios may occur:

  • BCIS can review the documentation, approve the petition, and advise the consular section to review the petition.
  • BCIS can review the documents and conduct a field investigation to eliminate the possibility of fraud or illegal activity.
  • BCIS can deny the petition.

The Child Citizenship Act of 2000: On October 30, 2000, President Clinton signed into law H.R. 28333, The Child Citizenship Act of 2000. The new law, Public Law 106-395, amends the Immigration and Nationality Act (INA) to permit foreign-born children - including adopted children - to acquire citizenship automatically if they meet certain requirements.

Additional information concerning this new law may be obtained from BCIS home page - http://www.insdoj.gov.

PROCESSING TIME: Many unexpected circumstances often arise during adoption. The international adoption process is lengthy. The Panamanian court process generally takes from three weeks to six months. After the Panamanian court has finalized the adoption, the parent(s) can contact the consular section of the American Embassy in Panama to arrange for the filing of the I-600 petition and further visa processing. The I-600 petition cannot be processed if the consular section hasn't received a notification of the approved I-600A from the BCIS.

*Important: Adoptive parent(s) should also pay close attention to the expiration of the various vital documents. It is very difficult to continue with the steps of adoption when documents have expired*

TRAVEL: Often prospective adoptive parent(s) attempt to make travel arrangements without factoring in the possibility of unforeseen complications during the adoption process. The adoption process is very lengthy, and the adopting parent(s) should make flexible travel arrangements when planning international adoption.

PERSONAL EXPERIENCE: Each adoption case is unique and each family experiences various levels of unpredictable circumstances that can affect the international adoption process. Experienced adoptive parent(s) recommend that those seeking to adopt do the following:

  • research the international adoption process and legal systems in the U.S. and Panama
  • seek an experienced bilingual family lawyer or a lawyer who offers translator services
  • keep all vital documents in an organized and easily accessible manner
  • communicate with lawyer and courts from the U.S. to see what paperwork and evaluations can be performed in the U.S. prior to traveling to Panama
  • The adoptive parents should identify the prospective child in Panama before they leave the U.S.

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 Panama may be addressed to the Consular Section of the U.S. Embassy or Consulate in Panama. 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, Tel: 1-888-407-4747 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: contains international adoption information flyers and the International Adoptions brochure.

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

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.