Who Can Be Adopted?
WHO CAN BE ADOPTED
Haiti has specific requirements that a child must meet in order to be eligible for adoption. You cannot adopt a child in Haiti unless he or she meets the requirements outlined below.
In addition to these requirements, a child must meet the definition of an orphan under U.S. immigration law for you to bring him or her back to the United States.
Eligibility Requirements:
Relinquishment Requirements: Prospective adoptive parent(s) must obtain consent from the child’s surviving parent(s) or legal guardian. Known as the “Extrait des Minutes du Greffe du Tribunal de Paix”, this document describes the proceeding during which prospective adoptive parents and the child’s biological parents or legal guardians agree to the adoption. Such proceeding takes place at the office of the Justice of the Peace with jurisdiction over the residence of the child. In some jurisdictions, such as Port au Prince, prospective adoptive parents are required to appear personally before the justice of the peace to effect consent before the adoption is finalized.
Abandonment Requirements: If the biological parents of the child are deceased, their Extrait de l’acte de Decès (extract of the death certificate) must be obtained from the Haitian National Archives.
Haiti has specific requirements that a child must meet in order to be eligible for adoption. You cannot adopt a child in Haiti unless he or she meets the requirements outlined below.
In addition to these requirements, a child must meet the definition of an orphan under U.S. immigration law for you to bring him or her back to the United States.
Eligibility Requirements:
Relinquishment Requirements: Prospective adoptive parent(s) must obtain consent from the child’s surviving parent(s) or legal guardian. Known as the “Extrait des Minutes du Greffe du Tribunal de Paix”, this document describes the proceeding during which prospective adoptive parents and the child’s biological parents or legal guardians agree to the adoption. Such proceeding takes place at the office of the Justice of the Peace with jurisdiction over the residence of the child. In some jurisdictions, such as Port au Prince, prospective adoptive parents are required to appear personally before the justice of the peace to effect consent before the adoption is finalized.
Abandonment Requirements: If the biological parents of the child are deceased, their Extrait de l’acte de Decès (extract of the death certificate) must be obtained from the Haitian National Archives.
Orphan Status (Non-Convention Countries)
Children being adopted from non-Convention countries must meet the definition of an orphan as defined in the Immigration and Nationality Act (INA) before they can immigrate to the United States. USCIS determines whether a particular child meets the definition of an orphan. To apply to USCIS for this determination, you use certain forms. We most often utilize I-600A, as it proves to me the most efficient.
Form I-600, along with its supporting documents, are required for USCIS to determine that a child is eligible for classification as an orphan. In order to file Form I-600 with USCIS, you should submit Form I-600A (Application for Advance Processing of Orphan Petition) first. You may submit both forms at the same time, or you may already have an approved, valid Form I-600A when you file Form I-600. See our eligibility requirements for prospective adoptive parents for more information about filing Form I-600A.
According to the INA, a child must meet the following two conditions in order to be considered an orphan:
1. The child must have no parents; or
2. The child has a sole or surviving parent who is unable to care for the child and has, in writing, irrevocably released the child for emigration and adoption.
In some countries it is possible to adopt a child who is not an “orphan” as defined by U.S. immigration law. Whether a child qualifies as an orphan for the U.S. is determined by reference to U.S. laws and regulations, and not by foreign law that may identify a child as orphaned. In general, a child would be considered to have no parents if both are determined to have died, disappeared, deserted, abandoned or have been lost or separated from the child. Abandonment requires that the birth parents give up all parental rights, obligations and claims to the child, as well as all control over and possession of the child (without transferring these rights to any specific person). Under U.S. law, children may not be abandoned, relinquished, or released to a specific prospective adoptive parent for adoption.
There are three primary elements to the orphan classification. In addition to other applicable requirements, all of the following must be true for a child to be eligible for the orphan classification:
· The child must be under the age of 16 at the time an I-600 petition is filed on his or her behalf with USCIS or a consular officer (a child adopted at age 16 or 17 will also qualify, provided he or she is a birth sibling of a child adopted, or who will be adopted, under the age of 16 by the same adopting parents).
· The adopting parents must have completed a full and final adoption of the child or must have legal custody of the child for purposes of emigration and adoption in the U.S.; and
· The child has been or will be adopted by a married U.S. citizen and spouse jointly, or by an unmarried U.S. citizen at least 25 years of age, with the intent of forming a bona fide parent/child relationship.
If an I-600A has already been approved, the adopting parent may file an I-600 for one child without any additional fee. However, if parents are adopting two or more biologically unrelated children, there will be a $670.00 fee for the second child (this fee is waived for siblings).
The following documentation must be presented in order for an I-600 petition to be approved:
Form I-600, Petition to Classify Orphan as an Immediate Relative; The child’s birth certificate;
A final decree of adoption, if the orphan has been adopted abroad, or proof of legal custody for purposes of emigration and adoption; Proof of “orphan” status per definition above (e.g., evidence of abandonment, written relinquishment, death certificates, etc. depending on the circumstances);
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;
Proof that the adopting parents have seen the child prior to or during adoption proceedings.
IMPORTANT: Parents are urged to seek advice about the possibility that an adopted child might not be considered an orphan and therefore would not be able to accompany his or her adopting parents to the United States. Immigration attorneys, reputable adoption agencies involved in international adoption, USCIS, and Department of State officials all have information that will assist you in addressing this serious concern.
Children in Conflict Areas or Natural Disasters
The Department of State receives inquiries from American citizens concerned about the plight of children in war zones and in countries afflicted by natural disasters such as hurricanes, earthquakes and tsunamis. Our office shares this concern for children in conflict areas and we understand that some Americans want to respond by offering to open their homes and adopting these children in need.
It can be extremely difficult in such circumstances to determine whether children who appear to be orphans truly are eligible for adoption. Children may be temporarily separated from their parents or other family members during a conflict or natural disaster, and their parents may be looking for them. It is not uncommon in a hostile situation for parents to send their children out of the area, or for families to become separated during an evacuation. Even when it can be demonstrated that children are indeed orphaned or abandoned, they are often taken in by other relatives.
During times of crisis, it can also be exceptionally difficult to fulfill the legal requirements for adoption of both the U.S. and the child's country of origin. This is especially true when civil authority breaks down. It can also be very difficult to gather documents necessary to fulfill the legal requirements of U.S. immigration law. There are still ways in which U.S. citizens can help the children in areas of conflict or natural disaster. For example, individuals who wish to assist can make a financial contribution to an established NGO working in that country.
It is the mission of HOPE FOR FAMILIES ADOPTIONS to fully inform you so that you can make the best choices for your vision of family and life circumstances. After considering the previous information, please request information or ask us specific adoption questions by clicking on the link below so we can help you
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