Where do I start in order to adopt children from Hati?

The following is intended as a general guide to assist U.S. citizens who plan to adopt a child from a foreign country. Three sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the eligibility of individual children for adoption, as well as the adoption of children in that country in general; 2) the laws of the adoptive parents’ state of residence establish qualifications they must meet in order to adopt; and 3) U.S. immigration law governs the immigration of the child to the United States. In addition, the Hague Convention on Intercountry Adoption, to which the United States became a party on April 1, 2008, establishes legal and regulatory requirements for intercountry adoption.

The adoption of children from countries that are party to the Hague Convention must follow the procedures outlined by the Convention, and its U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA). More information on the IAA and the Convention can be found at travel.state.gov on the Children and Family pages on intercounry adoption.

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The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:

Haiti is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention). Therefore the entering into force of the Convention for the United States on April 1, 2008, will not change intercountry adoption processing for Haiti . copyright ybarra-cgm

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S. : Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Haitian orphans:

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

197

FY 2006

309

FY 2005

234

FY 2004

356

FY 2003

250

ADOPTION AUTHORITY IN HAITI: The Haitian courts issue adoption decrees and other legal documents, and the “Institut du Bien Etre Social et de Recherches” (IBESR) is the sole authority to provide authorization to adopt. IBESR also accredits adoption agents and orphanages in Haiti .

Documentation from both the Haitian courts and from IBESR is required to adopt a child in Haiti .

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Under Haitian law, at least one prospective adoptive parent must be 35 or older. For married couples, one prospective adoptive parent may be under age 35, provided the couple has been married for 10 years and has no biological children. Pursuant to the terms of the United Nations Convention on the Rights of the Child, the Haitian Government may decide to lower its existing age requirement. Haitian law permits adoptions by single parents. Adoptions by married couples require the consent of both spouses. This restriction can be waived with permission from the President of Haiti. copyright ybarra-cgm

While Presidential waivers of ineligibility are sometimes issued, they are difficult to obtain and require a lengthy period of time to process. Prospective adoptive parents who do not fit the guidlines should consider not adopting in Haiti.

Note: U.S. immigration procedures still require the signature of both spouses on the I-600 form. (See “U.S. Immigration Requirements” section below).

RESIDENCY REQUIREMENTS: Haitian law does not require prospective adoptive parents to reside in Haiti, although Haitian courts and/or IBESR may require American prospective adoptive parents to travel to Haiti before the adoption is finalized. The U.S. government does not require adoptive parents to travel to Haiti at any time during the adoption and immigrant visa procedures.

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