U.S. Department of State

U.S. Department of State
 
 

INTERNATIONAL ADOPTION

PORTUGAL

June 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: The Portuguese Central Authority for international adoptions advised the U.S. Embassy in Lisbon that for purposes of handling adoption requests, it will only accept cases from licensed U.S. adoption organizations, submitted through a competent government authority.

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 Portugal and applying for an immigrant visa for the child to immigrate to the United States. This process involves complex Portuguese 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 Portugal before formalizing an adoption agreement to ensure that appropriate procedures have been followed that will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

*Adoption of a Portuguese child by American citizens is a complex process, which is likely to be lengthy. The process is designed to protect the rights of the child and to ensure a harmonious relationship between the child and the adoptive parents. The majority of adoptions of Portuguese children by American citizens are transnational adoptions, because the adoption process is completed in the United States*

AVAILABILITY 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 Portuguese orphans adopted abroad - 0
IR-4 immigrant visas issued to Portuguese orphans adopted in the U.S. - 5
FY-1997: IR-3 Visas - 0, IR-4 Visas - 4
FY-1998: IR-3 Visas - 0, IR-4 Visas - 6
FY-1999: IR-3 Visas - 0, IR-4 Visas - 1
FY-2000: IR-3 Visas - 0, IR-4 Visas - 1

PORTUGUESE ADOPTION AUTHORITY: The government office responsible for adoptions in Portugal is the Directorate-General of Solidarity and Social Security in the Ministry of Labor and Solidarity and the Ministry's offices of the Seguranca Social.
Address:
Av. da República 67
1069-033 Lisboa
Tel: 351-21-792 01 00
Fax: 21-793 47 39
E-mail dgas@seg-social.pt
Director : Dra. Graciete Palma da Silva.

PORTUGUESE ADOPTION PROCEDURES: National Adoption overview- the Portuguese adoption process involves the Portuguese Judicial system in coordination with the Portuguese Central Authority (CA) for Adoption - the Directorate-General of Solidarity and Social Security in the Ministry of Labor and Solidarity - and the Ministry's local offices of the «Segurança Social».

When the biological parents consent to the adoption, they must give their authorization before the Court. When the biological parents will not give their consent, the Court must decide whether to deprive the biological parents of their rights and place the child for adoption.

Trans-national Adoption Overview: When the prospective adoptive parent(s) do not reside permanently in Portugal, local adoption is not available to the adoptive parent(s) and the adoption is considered transnational. Under Portuguese law, transnational adoptions can not proceed without a Portuguese court issuing a Confiança Judicial* (judicial authorization) releasing the child for transnational adoption.

In a transnational adoption, the CA will first establish that the Portuguese child is unlikely to be adopted by a permanent resident of Portugal. Then, the CA will try to find other suitable adoptive parent(s) for the child and recommend to the court that the child be placed with such person(s) and released for transnational adoption. There will be a judicial proceeding to consider the CA's recommendations. If at the conclusion of the judicial proceeding, the Portuguese court accepts the CA's recommendations, the court will issue a Confiança Judicial to award legal custody of the child to the prospective adoptive parents and release the child for transnational adoption. It is the U.S. Embassy's understanding that only then may adopting parent(s) take legal custody of the child.

Steps to be followed by prospective U.S. adopting parents: The first point of contact for Americans to begin the process of adopting a Portuguese child residing in Portugal should be the Central Authority, the contact information for which is provided under the section "Portuguese Adoption Authority above. The CAS has basic responsibility for determining the suitability of the prospective parent(s) to adopt a Portuguese child.

The suitability determination also will involve the prospective adoptive parents establishing that they have met the legal requirements of the country in which the adoption will take place.

Article 17 of the 1998 Portuguese Adoption Law states that "the application to adopt must be submitted directly to the Portuguese CA by a central authority or by another competent government agency of the candidates' country of residence, or through an authorized entity either in Portugal or in the candidates' country of residence, that works as an intermediary in this area." Until now, however, no adoption agency has been authorized to work in Portugal. Therefore, it is the Embassy's understanding that the application to adopt a child in Portugal should be directed by the prospective adoptive parents through a competent government agency or other authorized U.S. entity to the Portuguese CA. In Portugal, although attorneys may provide legal advice to prospective adoptive parents, they may not represent the parents directly before Portuguese authorities

Because of the transnational nature of the adoption, a home study performed by a competent adoption organization in the U.S. must have the approval of the competent state agency in the state in which the adoption will be completed. The approval, coupled with the approved home study will then become part of the evidentiary package for submission to the Portuguese CA.

Upon receipt of the above application and the supporting documentation, the CA will have 10 days to review the file. If the CA approves the application, the Segurança Social office in the area where the minor resides will be notified. That office will then submit a copy of the CA's report to the District Attorney requesting that a Confiança Judicial be issued to the adoptive parents. If the Portuguese Court agrees with the CA's recommendation, it will issue a Confiança Judicial releasing the child for transnational adoption. The Confiança Judicial will lie out the basis, in fact and in law, for the Court's decision to grant custody of the child to the prospective adoptive parents. Upon the approval of the adoption in the U.S. the Portuguese CA will ensure that a copy of the U.S. decision is received in Portugal. It will forward the decision to the Portuguese Court that issued the Confiança Judicial regarding the minor.

In summary, the CA has a central role in the adoption of a Portuguese child. Without the CA's administrative authorization, it is not possible for adopting parents to obtain legal custody of a child or to complete local or transnational adoption of the child.

* Confiança Judicial: A Portuguese court has authority to issue a Confiança Judicial in the following circumstances:

  • if the minor is a child of unknown or deceased parents;
  • if there has been previous consent to the adoption, i.e., the biological parents have given their authorization before a Portuguese court;
  • if the parents have abandoned the minor;
  • if the parents, by action or omission, have put in danger the minor's safety, health, moral formation or education, in terms which, by their gravity, seriously compromise the proper bonds of affection and affiliation;
  • if the parents of a minor sheltered in private or in an institution have revealed a manifest disinterest in the child, in terms of seriously compromising the proper bonds of affection and affiliation, during, at the minimum, the six months preceding the petition for a Confiança Judicial.

AGE AND CIVIL STATUS REQUIREMENTS: Couples, including common-law couple, must have been married or living together for at least 4 years. If the child is the son/daughter of one of the spouses, the other spouse need only be 25 years of age to adopt. Single parents must be at least thirty years of age. The maximum age allowed for adopting a child is 50.

ADOPTION AGENCIES AND ATTORNEYS: Adoption agencies are not authorized in Portugal. The Embassy maintains lists of numerous attorneys practicing in Portugal.

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

PORTUGAL DOCUMENTARY REQUIREMENTS:

  • Psychological and social study of prospective adoptive parents
  • Marriage certificates or proof of the couple's common-law-status
  • Proof of residency (residence certificate)
  • Criminal records
  • Proof of income
  • Photocopy of passport

*All documents must be translated and be certified with the Apostille Convention Certificate*

U.S. IMMIGRATION REQUIREMENTS

A Portuguese 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 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 Lisbon. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Lisbon 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 American Embassy in Lisbon. .

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 Portugal should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Lisbon 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. Consular officers in Lisbon may not begin processing an orphan adoption case until they have received formal notification of approval from an BCIS office in the United States.

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.

III. The Immigrant Visa
The adoptive parents should contact the Consular Section to schedule an immigrant visa interview. The child, regardless of age, must accompany his/her new parent to the interview.

PARENTS SHOULD BRING THE FOLLOWING DOCUMENTS TO THE CONSULAR INTEWRVIEW:

  • The child's Portuguese passport.
  • Three "immigrant visa" photographs, which must show 3/4 of the child's facial features, including the right ear, against a white background. The face of the child on the photo should measure approximately one inch from the chin to the top of the hair. Note: the U.S. Embassy cannot accept "passport" photographs, which only show a frontal image of the face.
  • A medical report, including vaccinations (unless a vaccination waiver is requested), from an Embassy -approved panel physician. Note: the physician can perform the required medical examination only if the adopted child is in possession of a valid Portuguese passport.
  • Form OF-230, the biographical data sheet for the child, completed by an adopting parent in the name of the adopted child. A copy of this form is included in the Embassy's mailing, to prospective parents after the receipt of the cable Notice of Approval.
  • The Affidavit of Support (Form I-864), 1040's and W-2's for the past three years, and evidence of current employment, such as a letter of employment and/or check stubs.
  • The child's birth certificate

PORTUGUESE EMBASSY (and Consulates) IN THE UNITED STATES:
Portuguese Embassy
2125 Kalorama Rd. NW
Washington, DC 22008
Tel: 202-332-3007
Web Site: http://www.portugalemb.org

*Portugal also has Consulates in Boston, New York, Newark, San Francisco, Los Angeles, New Bedford, Massachusetts and Providence*

U.S. EMBASSY IN PORTUGAL:
U.S. Embassy of Portugal
Av. das Forças Armadas
1600 Lisboa
Telephone: (011) 351-21- 727 33 00 (Embassy switchboard)
(011) 351 - 21-770 24 01 (Consular Section)
Fax: (011) 351- 21- 726 91 09 (Embassy)
(011) 351- 21- 727 23 54 (Consular Section)

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 Portugal may be addressed to the Consular Section of the U.S. Embassy or Consulate in Lisbon, Portugal. 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.

Embassy web site- http://www.american-emb.pt

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.