Colombia’s Central Authority for adoptions, the Colombian Family Welfare Institute (ICBF), is the only means of adopting a Colombian child; Colombian law prohibits private adoptions. Please note ICBF does not allow for a Colombian child to travel to the United States to be adopted. Therefore, prospective adoptive parents must obtain a full and final adoption under Colombian law before the child can immigrate to the United States. Adopting parents are required to be physically present before a “family judge” at the time of adoption. No exceptions are made to this requirement. (Adoption 2011)

WHO CAN ADOPT 2011

Adoption between the United States and Colombia is governed by the Hague Adoption Convention. Therefore to adopt from Colombia, you must first be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).

In addition to these U.S. requirements for prospective adoptive parents, Colombia also has the following eligibility requirements for prospective adoptive parents:

• Residency Requirements: There are no residency requirements for intercountry adoptions from Colombia.
• Age Requirements: Both parents are required to be 25 years old. In practice, newborns are assigned to younger couples and older children to older couples.
• Marriage Requirements: Colombian law allows adoptions by a married man and woman and common law spouses of more than three years. Single men and women are only allowed to adopt children over the age of seven on a case-by-case basis.
• Income Requirements: Prospective adoptive parents are required to submit documentation confirming their ability to provide for the adopted child. This requirement may be met by only one parent.
• Other Requirements: Gay or Lesbian individuals or couples may not adopt children from Colombia. In addition, according to Colombian law, both parents must be found “physically and emotionally capable” to adopt. (Adoption 2011)

WHO CAN BE ADOPTED

Because Colombia is a member of the Hague Adoption Convention, children from Colombia must meet the requirements of the Convention in order to be eligible for adoption. For example, the Convention requires that Colombia attempt to place a child with a family in Colombia before determining that a child is eligible for intercountry adoption. In addition to Colombia’s requirements, a child must meet the definition of a Convention adoptee for you to bring him or her back to the United States. (Adoption 2011)

HOW TO ADOPT

Colombian Central Authority BIENESTAR FAMILIAR, 2011 (ICBF)

The Process

Because Colombia is a member of the Hague Adoption Convention, adopting from Colombia must follow a specific process designed to meet the Convention’s requirements. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order to meet all necessary legal requirements for adoption. (Adoption 2011)

Note: If you filed your I-600A with Colombia before April 1, 2011, the Hague Adoption Convention does not apply to your adoption; it could continue to be processed in accordance with the immigration regulations for orphan adoptions.

• Choose an Accredited Adoption Service Provider
• Apply to be Found Eligible to Adopt
• Be Matched with a Child
• Apply for the Child to be Found Eligible for Adoption
• Adopt the Child in Colombia
• Bring your Child Home

1. Choose an Accredited Adoption Service Provider
The first step in adopting a child from Colombia is to select an accredited or approved adoption service provider in the United States. Only these agencies and attorneys can provide adoption services between the United States and Colombia. (Adoption 2011)
Once prospective adoptive parents decide that Colombia is the nation from which they wish to adopt, they must first contact the ICBF, or an accredited adoption service provider in Colombia, in order to obtain a list of adoption service provider in the United States, nearest to the couple’s place of residence, that are accredited by both the Colombian and U.S. Governments. (Adoption 2011)
An accredited adoption service provider will conduct the home study and assist the prospective adoptive parents in preparing the paperwork necessary for Homeland Security, Citizenship and Immigration Services (USCIS).
Note: Many of the documents required for the Form I-800A are the same as those required by ICBF, so it is wise to review both lists to avoid duplicating efforts.

2. Apply to be Found Eligible to Adopt
After you choose an accredited adoption agency, you apply to be found eligible to adopt (Form I-800A) by the U.S. government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). (Adoption 2011)
Please note that if you reside in Colombia, you should contact the U.S. Embassy in Bogota for instructions. Anyone with questions may contact the embassy any working day from 2:00 p.m. to 3:30 p.m. and ask for the person responsible for processing visas for adopted children. (Adoption 2011)
Once the U.S. Government determines you “eligible” and “suitable” to be an adoptive parent, you or your adoption service provider will forward your information to ICBF in Colombia. The Central Authority will review your application to determine whether you are also eligible to adopt under Colombian law. (Adoption 2011)
Once USCIS has approved the documentation, parents must compile the following list of documents for submission to the ICBF:

• Application Form for adoption (this can be provided by the ICBF or found on the ICBF Website);
• Birth certificate(s)of the prospective adoptive parent(s);
• Marriage certificate or proof of common law relationship of prospective adoptive parents;
• Medical examination(s) by Board-certified physicians clearly stating that prospective adoptive parent(s) is (are) mentally and physically capable of caring for a child (or children);
• National law enforcement clearance issued by a competent police authority. For U.S. citizens, this consists of a set of fingerprints, and their results, issued by the Federal Bureau of Investigation (FBI). These cards may be requested from the Department of Homeland Security. When completed, the cards for the U.S. records check as well as the USD $85.00 fee and a letter of intent (for adoption purposes) should be sent to the address below. The FBI may take as long as two to three months to return the completed results;
• National Visa Center
• Fingerprint Unit
• 32 Rochester Avenue
• Portsmouth, New Hampshire 03801

Note: The set of fingerprints submitted previously with the Form I-800A cannot be submitted to the ICBF.

• Birth certificates of any children previously adopted by the prospective adoptive parent(s);
• Certificate of financial ability and employment letters explaining time of service and monthly salary received in U.S. dollars;
• If self-employed, a certified document regarding the parent’s(s’) financial resources or last income tax return with supporting documents;
• Social and psychological study of the prospective adoptive family that establishes physical, mental, moral and social capacity. The home study required by USCIS can fulfill both the U.S. and the Colombian requirements;
• If there were previous marriages or partners of the prospective adoptive parent(s), proof of divorce and reasons for such dissolutions should be presented; and
• Notarized statement clarifying any changes in name or indicating, “also known as.” Generally, Colombian women do not change their names to that of their husbands. As a result, Colombian courts are accustomed to birth certificates, marriage certificates, and passports with no variation in name. If you have documents in both maiden and marriage names, you must submit a notarized statement indicating the reasons for the discrepancies in your documents.

Note: Additional documents may be requested. If you are asked to provide proof that a document from the United States is authentic, we can help.

Once the ICBF approves the package of documents, it will be in a position to inform prospective adoptive parents, through their adoption service providers, about the availability of children in need of a family placement and the amount of time it is likely to take to complete an adoption.

3. Be Matched with a Child

If both the United States and Colombia determine that you are eligible to adopt, and a child is available for intercountry adoption, the Central Authority in Colombia may provide you with a referral for a child. Each family must decide for itself whether or not it will be able to meet the needs of the particular child and provide a permanent family placement for the referred child. (Adoption 2011)

ICBF will inform the parents, through the adoption service provider, once a child has officially been assigned to them. Medical, social, psychological, and nutritional assessments are provided to the prospective adoptive parents, as well as photographs of the child. Prospective adoptive parents are given two months to make a decision as to whether to adopt that particular child. (Adoption 2011)

4. Apply for the Child to be Found Eligible for Adoption

After you accept a match with a child, you will apply to the USCIS for permission to adopt that child (Form I-800, Petition to Classify a Convention adoptee as an Immediate Relative). USCIS will determine whether the child is eligible under U.S. immigration law to be adopted and enter the United States. (Adoption 2011)

After this, your adoption service provider or you will submit a visa application for to a Consular Officer at the U.S. Embassy in Bogota. The Consular Officer will review the child’s information and evaluate the child for possible visa ineligibilities. If the Consular Office determines that the child appears eligible to immigrate to the United States, he or she will notify the ICBF (Article 5 letter). For Convention country adoptions, prospective adoptive parent(s) may not proceed with the adoption until this takes place. (Adoption 2011)

At this point, you may travel to Colombia to begin the legal process with Colombian authorities. The ICBF or the Colombian adoption agency will assist with obtaining the documents needed to complete Colombian legal procedures. (Adoption 2011)

Remember: The Consular Officer will make a final decision about the immigrant visa later in the adoption process.

5. Adopt the Child in Colombia 2011

Remember: Before you adopt a child in Colombia, you must have completed the above four steps. Only after completing these steps, can you proceed to finalize the adoption in Colombia.

•Role of The Central Authority: Colombian law does not allow for private adoptions. Children may be adopted only through the Colombian Family Welfare Institute (ICBF) and approved adoption agencies. The ICBF will match the child with the prospective adoptive parent(s) and help with obtaining paperwork before the case moves to the Colombian courts.

•Role of The Court: The Colombian courts require a letter from the U.S. Embassy in Bogota stating that they will issue an immigrant visa to the child if all adoption and U.S. immigrant requirements are met. When all documentation is completed, the courts will provide the adoption decree, a new Colombian birth certificate, and a new Colombian passport.

Note: Colombian law requires that both adopting parents be physically present when the adoption is presented to a “family judge.” No exceptions are made to this requirement.

•Role of Adoption Service Providers: Because Colombia is a Convention country, adoption services must be provided by an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider. It is essential that prospective adoptive parent(s) seeking to adopt from a Convention country use an accredited adoption service provider. The Department of State maintains a current list of accredited adoption service providers. The list of accredited adoption service providers is also provided on the website of the Hague Permanent Bureau at.

•Time Frame: There is no set time frame for completing an intercountry adoption from Colombia. There are many factors that determine how long the adoption and visa process takes, including paperwork approval times, desired sex and age of the child, and the age of the prospective adoptive parent(s). Adoptive parents have reported the entire process taking 18 to 30 months.

•Adoption Application: Prospective adoptive parents must first contact the ICBF or an accredited adoption agency in Colombia in order to obtain a list of adoption service providers in the United States that are accredited by both the Colombian and U.S. Governments.

•Adoption Fees: It is difficult to predict how much the entire adoption process will cost as each case has unique circumstances. Adoptive parents have reported spending between $12,000 USD and $20,000 USD. The Colombian passport fee is approximately $30 USD. These expenses should have been itemized in the fees and estimated expenses section of your adoption services contract.

6. Bring Your Child Home

Now that your adoption is complete, there are a few more steps to take before you can head home. Specifically, you need to apply for several documents for your child before he or she can travel to the United States:

Birth Certificate

You will first need to apply for a new birth certificate for your child, so that you can later apply for a passport. Your name will be added to the new birth certificate. In Colombia, this should be processed at the same time as the adoption decree. (Adoption 2011)

Child Citizenship Act 2011

For adoptions finalized abroad: The Child Citizenship Act of 2011 allows your child to acquire American citizenship when he or she enters the United States as lawful permanent residents. (Adoption 2011)

For adoptions to be finalized in the United States: The Child Citizenship Act of 2011 allows your child to typically acquire American citizenship when the U.S. state court issues the final adoption decree. We urge your family to finalize the adoption in a U.S. State court as quickly as possible. (Adoption 2011)