INTERNATIONAL
ADOPTION - DOMINICAN REPUBLIC
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: While the Dominican
Republic permits adoptions by foreigners, the process is difficult and
time-consuming. New changes to the child custody law require adoptive parents
to reside in the Dominican Republic at least 90 days (and in some cases longer)
while the Oversight Agency of the System for the Protection of Children and
Adolescents reviews their case. In
cases where the Dominican Republic has already declared a child abandoned,
adoptive parents may be given legal guardianship with the intent of adoption in
the United States. A child may only be
removed from the Dominican Republic after the adoption has been granted by the
Dominican court if the adopting parents present a U.S. immigrant visa to the Dominican
Attorney General, who then provides an exit authorization letter.
AVAILABILITY OF CHILDREN FOR
ADOPTION: Recent U.S. immigrant visa statistics
reflect the following pattern for visa issuance to orphans:
|
Fiscal Year |
IR-3
Immigrant Visas Issued
to Dominican Orphans
Adopted Abroad |
IR-4
Immigrant Visas Issued
to Dominican Orphans
Adoption in U.S. |
|
|
|
|
|
FY
- 1994 |
13 |
4 |
|
FY
- 1995 |
10 |
5 |
|
FY
- 1996 |
11 |
2 |
|
FY
- 1997 |
18 |
1 |
|
FY-1998 |
139 |
1 |
|
FY-1999 |
8 |
2 |
DOMINICAN ADOPTION
AUTHORITY:
The
Oversight Agency of the System for the Protection of Children and Adolescents
(comparable to the DOS’s Office of Children’s Issues), is the government agency
responsible for overseeing adoptions in the Dominican Republic. Their main office is located at Calle Moises
Garcia No.7 esq. Calle Galvan, Ensanche
Gazcue, Santo Domingo, Dominican Republic, tel: (809) 685-9257. Inquiries should be in the Spanish language.
DOMINICAN ADOPTION LAW:
Adoption
is governed by Articles 27 through 96 of the Código para La Protección de Niños,
Niñas, y Adolescentes – Ley 14-94.
(Code for the Protection of Children and Adolescents – Law 14-94.)
DOMINICAN REPUBLIC ADOPTION
PROCEDURES:
Relinquishment of Parental
Rights of the Natural Parent(s):
Consent
of the natural parent is required under Dominican law in order to adopt a minor
child. If one of the parents is
deceased or is incapable of expressing his or her will, the consent of the
other parent is considered sufficient under Dominican law. If the parents are separated or divorced, the
consent of the parent having custody is essential. If the parent not having custody has not given his or her
consent, said parent must be notified of the impending adoption. Three months must elapse after the
notification before the adoption can be pronounced or finalized. The consent of the natural parents may be
incorporated into the adoption decree or it may be given in a separate sworn
statement before a notary, before a Justice of the Peace of the domicile of the
child. (PLEASE NOTE: a child out of
wedlock in the Dominican Republic is placed in the same legal position as one
born in wedlock once the child has been acknowledged by the father in
accordance with Dominican law and hence qualifies as a “legitimated” child
under Section 101 (b)(1)(C) of the Immigration and Nationality Act (INA). Article 14 of Law 14-94 was amended on
January 1, 1995. Prior to this
enactment, legitimation was accomplished only through acknowledgment of the
natural offspring followed by the marriage of the parties.
The petitioner has to establish to INS that the beneficiary qualifies as an eligible orphan within the meaning of Section 101(b)(1)(F) of the INA. In accordance with Chapter 8, Code of Federal Regulations, Section 204.3(a), an alien is eligible for classification under 201(b) of the Act as an orphan if he or she meets the definition of child contained in Section 101(b)(1)(F) of the Act, previously cited. The burden of proof is on the petitioner to establish eligibility for the benefits sought.
Abandonment:
If
both parents of the minor child are deceased or if they are incapable of
expressing their will, the consent can be given by the legal representative of
the child. When the parents are
unknown, the consent is given by the child's legal guardian. The legal guardian is appointed by the
Secretaria de Estado de Salud Publica y Asistencia Social or by a judicial
authority. As defined by Section 204.3
(b) of the Code of Federal Regulations (CFR): abandonment by both parents means
that “the parents have willfully forsaken all parental rights, obligations,
and claims to the child, as well as all control over and possession of the
child, without intending to transfer, or without transferring, these
rights to any specific person (s).”
Abandonment must include not only the intention to surrender all
parental rights, obligations, and claims to the child, and control over and
possession of the child, but also the actual act of surrending such rights,
obligations, claims, control, and possession.
Article 119 of Law 14-94 defines as physically abandoned
any child or adolescent who lacks someone to provide him with food, or having
someone, that person lacks the ability to provide it, or a child that is
deprived of sufficient food, attention or education such that his physical or
mental health might be compromised. In
addition it defines moral abandonment as not receiving attention or supervision
from his or her parents.
Judicial Proceedings:
The
adoption proceedings take place in a Dominican court of law. The court issues the adoption decree which
must be finalized at a public hearing.
An extract of the decree is published in the Official Gazette (Gaceta
Oficial) and in a newspaper with wide national circulation. Within three months of the public
pronouncement of the decree, the adoption is entered at the Civil Registry
where the child was born. The adoption
must also be entered/registered in the Central Civil Registry in Santo Domingo
and at the Board of Elections (Junta Central Electoral).
AGE AND CIVIL STATUS:
Under
Dominican law, a single individual, married couple, or unmarried couple may
adopt a child. A single individual must
be at least 25 years old and at least 15 years older than the child. A married couple may adopt a child if one of
the spouses is at least 25 years old.
If the couple is unmarried, the partners must have at least 5 years of
known and uninterrupted union.
FEES:
If
a private attorney is retained, the cost can be as high as five thousand dollars,
but this includes locating the child and providing a caretaker and room and
board until the child is turned over to the adopting parent(s).
TIME:
The
entire adoption process in the Dominican Republic, from the original release of
the child for adoption to the final adoption decree may take six months or
more.
ATTORNEYS AND ADOPTION
AGENCIES:
Adoptions
can be arranged through private adoption agencies working with Dominican
attorneys or directly with Dominican attorneys.
DOMINICAN EMBASSY AND
CONSULATES IN U.S.:
Embassy
and Consulate of the Dominican Republic:
1715 22nd Street, N.W. Washington, D.C. 20008 tel: (202) 332-6280
Consulate
of the Dominican Republic: 17 West 60th
Street New York, N.Y. 10023
tel: (212) 265-0630
In
addition, the Dominican Republic has honorary consuls located throughout the
United States.
U.S. IMMIGRATION
REQUIREMENTS:
Orphans
adopted abroad who have been in the custody of the adoptive parents less than
two years require orphan petitions for U.S. immigrant visa processing to enter
the United States.
Get Started Early With U.S.
Immigration Procedure:
Prospective
adoptive parents should be aware that, whether they identify a child prior to
leaving the U.S. or locate the child on a trip to the Dominican Republic,
certain very time-consuming processes will have to be completed before the
required U.S. Immigration petition(s) (either the preliminary I-600A or the
final I-600 petitions) can be approved.
These include, but are not limited to, satisfactory completion and
submission to INS of a home study of the adopting parent(s), compliance with
any state pre-adoption conditions and a fingerprint check by INS of those
parent(s), certified copies of prospective adoptive parents' birth certificates
in U.S. or other evidence of U.S. citizenship; certified copy of marriage
certificate (if applicable); certified copy of death certificate or divorce
decree reflecting termination of previous marriage(s) (if applicable). It is therefore suggested that prospective
adopting parents get in touch with the INS office having jurisdiction over
their place of residence in the U.S. at the earliest opportunity.
Unconditional Abandonment
and Meeting the Definition of Orphan:
U.S.
law provides for the immigration of children adopted overseas by Americans
under Section 101(B)(1)(F) of the Immigration and Nationality Act. The law states that an eligible child must
be under the age of sixteen at the time the immigrant visa petition is filed. The child must have no living parents or
only one living parent who is incapable of providing for the child according to
local living standards and has irrevocably released the child for emigration
and adoption. A child with two living
parents can meet the definition of an orphan only through the disappearance of,
abandonment or desertion by, or separation or loss from both parents. Abandonment of a child must be
unconditional. Agreeing to give a child
up for adoption by a specific person does not constitute unconditional
abandonment, since the parents are giving up custody with the understanding
that the child will be cared for and will be adopted by a particular
individual. The Board of Immigration
Appeals of the U.S. Immigration and Naturalization Service (INS) has ruled that
a child with one surviving parent who has not been abandoned may qualify for
orphan status only if the sole surviving parent is destitute by local standards
or is otherwise physically or mentally unable to care for the child. This means that the child may not be
classified as an orphan unless the sole or surviving parent cannot provide the
child the nourishment and shelter necessary for subsistence consistent with the
local standards of the child's place of residence. The parent must also irrevocably release the child for emigration
and adoption. INS usually requires
consular officers to investigate the parent's inability to care for the child.
Consular Authority to
Approve a Case:
The
American Embassy Consular Section in the Dominican Republic, has an INS
Sub-Office.
Taking the Child to the
U.S.:
The
U.S. immigrant visa petition (I-600) may be filed for the child at the INS
office located in the Consular Section of the U.S. Embassy in Santo Domingo, or
at any INS office. If it is filed at
the Embassy, the petitioner (or at least one of the members of a married
adoptive couple) and the child must be physically present in the Consular
District. The I-600 is filed by one
person, but if the petitioner is married, the petitioner's spouse must also
sign the petition. Both parties must
sign the I-600 after the child has been identified. This means that if one party has already gone abroad to arrange
the adoption, the I-600 must be sent by the spouse abroad to the spouse in the
United States (generally by express courier). If the petitioner is married and his or her spouse has not seen
the child before or during the adoption proceedings, then the child must be
re-adopted in the U.S. To do this, the
petitioner must show he or she has met state pre-adoption requirements. INS makes this determination at the time the
I-600A is filed or it must be established that pre-adoption requirements have
been met at the time of filing the I-600 at the Embassy.
If
the INS has already approved an I-600A advanced processing application, the
I-600 petition may be filed and adjudicated at the post to which the I-600A was
sent. If advanced approval has not yet
been granted, the I-600 petition must be forwarded to the INS for adjudication. If so, as noted above, a home study and
fingerprinting of parent(s) and any U.S. state pre-adoption requirements will
be necessary, perhaps requiring several months.
Scheduling Appointment with
the INS Sub Office:
It
is advisable to contact the U.S. Immigration and Naturalization Service office
in the Consular Section of the U.S. Embassy in Santo Domingo at least two weeks
in advance to check that the documents are in order and to set an appointment
for the immigrant visa interview. The
INS cannot guarantee issuance of the visa in advance of the interview. If you are outside the U.S. and the child
has completed his medical examination, you will have a preliminary interview
with the INS investigator in order to complete form I-604 "Request for and
Report on Overseas Orphan Investigation."
The child must be present at the Consular Section for the immigrant visa
application. The medical examination
must be performed by a physician from an approved list of physicians using a
specified form. Unless special
circumstances, such as a physical handicap, indicate the child's care will be
particularly costly, the adopting parents will not be required to provide
further proof of their financial situation, as this information will have
already been provided at the time of petition (I-600A or I-600) approval.
What Documents to Bring with
You to the INS office:
Note: Since each case is different, it is possible
that the INS will request additional documents after a preliminary review of
the application of the prospective adoptive parent(s).
For
the immigrant visa application the child will need:
1. Certified copy of child's birth certificate
issued by the Civil Registrar indicating the name of both parents if known.
2. If birth father, mother, or both are
deceased, certified copy of death certificate issued by the Civil Registrar.
3. Relinquishment of parental rights executed
before appropriate Dominican authority.
4. Adoption decree issued by a Dominican court.
5. Authorization from a Judge to permit the
minor to leave the Dominican Republic.
6. Valid Dominican passport.
7. Two 1 3/4 inch visa photographs, in color.
8. Medical examination (according to Embassy
instructions). If the minor has a
physical or mental disability, a notarized statement will be required from the
prospective adoptive parent(s) in the United States indicating that they are
fully aware of the physical or mental disability of the minor and, in spite
of that fact, that they have the
intention of finalizing the adoption.
This statement can be included in Item 19 of form I-600 and also in the
home study if more convenient. In that
case a separate notarized statement will not be required.
9. In cases where the minor has not been seen
or observed in person by the prospective adoptive parent(s), a notarized
statement by those parents will be required indicating that although they have
not seen or observed the minor in person, they are nevertheless willing to
adopt or re-adopt the minor in the United States. Both parties must sign the I-600 after the child has been
identified. This means that if one
party has gone abroad to arrange the adoption, and the other remained in the
U.S., the I-600 must be sent by one spouse to the other with the child's
identity information completed and an original signature of the spouse
reflecting their concurrence with the procedure. This is generally done by express courier in the interest of
time.
10. In the case of a minor taken to the United
States by a third party, for example, a legal representative or social
assistant of an adoption agency or other entity, a notarized statement will be
required authorizing that person to take the minor to the United States with
the purpose of placing him/her with the prospective adoptive parent(s). This statement can also be included in the
Judge's authorization for the child to leave the Dominican Republic. Note:
There are no provisions in INS regulations for approving petitions
signed by agents with powers of attorney.
Consequently, even if an agent is physically accompanying the child to
the U.S., the petition itself must be signed by the adoptive parent(s), after
the child has been identified.
U.S. FEES:
INS
fees for I-600 and I-600A Petitions:
There is an INS fee of $405 for an I-600 or I-600A petition. If you have a valid I-600A and file an I-600
within 18 months of the approval of the I-600A, no fee will be charged for the
I-600 provided you are only petitioning for one child or for siblings. If you are petitioning for more than one
child and the children are not siblings, the I-600 fee will be charged.
U.S.
State Department authentication fee: If
you are having documents authenticated by the Department of State
Authentication Office, there is a fee of $32.00 per document.
Medical Examination Fee:
The
adopted child must have a medical examination performed by one of the U.S.
Embassy or Consulate's panel physicians before the immigrant visa can be
issued. The cost of this medical
examination is approximately U.S. $16.00 plus the cost of the vaccination requirement
and must be borne by the adoptive parent(s).
If the child is over 15 years old the cost is approximately U.S. $66.00.
U.S.
Immigrant Visa Fee: The fee for the
immigrant visa is $325.00 and may be paid either in U.S. dollars or local
currency. This $325.00 does not include
medical examinations, costs of documents, the petition, etc. The American Embassy does not accept
personal checks or credit cards.
ADDITIONAL INFORMATION:
Prospective
adopting parents should consult INS publication No. M-249, "The Immigration of Adopted and Prospective
Adoptive Children" and the Department of State information flyer
"International Adoptions.”
AMERICAN EMBASSY ASSISTANCE:
Upon
arrival in the Dominican Republic to try to arrange an adoption, U.S. citizens
should register at the American Citizens Services unit of the Consular Section
. The American Citizens Services unit
provides information about current travel advisories and other information
about the Dominican Republic including lists of physicians and attorneys. The Consular Section’s American Citizens
Services unit is at the corner of Calle Cesar Nicolas Penson and Maximo Gomez,
telephone: (809) 221-2171
QUESTIONS: Specific questions regarding adoption in the Dominican Republic
may be addressed to the INS Sub Office in the Consular Section located at Cesar
Nicolas Penson corner of Maximo Gomez.
You may also contact the Office of Children’s Issues, U.S. Department of
State, Room 4800 N.S., 2201 C Street, N.W., Washington, D.C. 20520-4818, 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, (202)
736-7000.
- State
Department Visa Office - Recorded information concerning immigrant visas
for adoptive children, (202) 663-1225.
- Immigration
and Naturalization Service - Recorded information for requesting immigrant
visa application forms, 1-800-870-FORM
(3676).
· Automated fax -
contains the full text of the office’s international adoption information
flyers and general information brochure, International Adoptions. From the telephone on your fax machine, call
(202) 647-3000.
· 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 automated
fax machine and the internet web site, as above.
Revised
09/12/01