INTERCOUNTRY ADOPTION


PANAMA


April 2008

DISCLAIMER: 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 www.travel.state.gov on the Children and Family pages on intercounry adoption.

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:

Panama is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) and with which the Convention is in force for the United States .  


TRANSITION CASES:   Under U.S. law, an adoption case involving a Convention country already in process on April 1, 2008 when the Convention entered into force with respect to the U.S. did not/not change into a Hague case on that date. These transition cases will continue to be processed in accordance with the immigration regulations for orphan adoptions which were in effect at the time the case was filed, explained in the State Department Flyer “How Can Adopted Children Come to the United States”.

If the Application for Advance Processing of an Orphan Petition (I-600A) or Petition to Classify an Orphan as an Immediate Relative (I-600) was filed before April 1, 2008, then the Convention and the IAA will not apply to that case.  The Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS) considers a case properly filed when USCIS receives an application or petition along with any required filing fee.  The filing date is stamped on the application or petition to show the time and date of actual receipt.   For further information on transition cases, please see the FAQs: Transition Cases and the Hague Adoption Convention at www.travel.state.gov . 
PLEASE NOTE: In cases where the U.S. citizen is a resident of Panama and has an interest in filing a petition locally, the Department of Homeland Security in Panama is the first point of contact for an international adoption.  The DHS officer will approve the I-800 petition prior to receipt of an approved I-800A or Visas Thirty-Seven cable.  The petition approval by DHS includes a field investigation.


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

6

FY 2006

15

FY 2005

20

FY 2004

6

FY 2003

16

 

ADOPTION AUTHORITY IN PANAMA:  The government offices responsible for adoptions in Panama are the two major courts, the "Juzgado de la Niñez y Adolescencia" (Children and Minors' Court) and "Juzgados Seccionales de Familia" (Family Courts). There are 12 district courts throughout the provinces in Panama .   In provinces that do not operate with either legal system, the "Juzgados de Circuitos, Ramo Civil" (Circuit Courts) will handle some adoption cases.

Juzgado de la Niñez y Adolescencia- The Juzgado de la Niñez y Adolescencia has jurisdiction over adoption cases of abandoned children, wards of the court, or orphans.* The Juzgado de la Niñez y Adolescencia is the legal system for orphan adoptions in Panama.   The courts generally require proof from the U.S. government such as the I-600A approval notification that the parent(s) are eligible for adoption.

*Note:  Panama and the United States legally define “orphan” the same.  For additional information please the flyer “How Can Adopted Children Come to the United States ?”

Juzgados Seccionales de Familia- The Juzgados Seccionales de Familia have jurisdiction over adoption cases where the child has been placed under adoption by written consent of the child's birth parent(s).

Contact Information:
Ministerio de Desarrollo Social
Telephone: 279-0667, 279-0101
Fax: 279-0713
www.mides.gob.pa
adopciones@mides.gob.pa


Eligibility Requirements for adoptive Parents:  Panamanian law requires that prospective adoptive parent(s) fall within the following categories:

  • The couple must have been married for at least two years.
  • No family line adoptions, meaning grandparents may not adopt their grandchildren and siblings may not adopt their minor siblings.
  • The courts do not separate siblings. If a parent would like to adopt one child, they must adopt the child's siblings.
  • There must be an eighteen-year age difference between the prospective adoptive parent and the child.
  • Same sex couples are not permitted to adopt children.

 

RESIDENCY REQUIREMENTS: Panamanian courts allow U.S. citizens to adopt; however, Panamanian citizens are given preference.  Under Panamanian adoption law, adopted children do not need to be orphans, though their natural parent(s) must have legally abandoned them. Most adoptions of Panamanian children by U.S. parents take place in Panama .   Less frequently, Panamanian Courts may grant the U.S. citizens guardianship, allowing for adoption following the family's return to he United States . There are no legal impediments to granting guardianship, but the two court systems discourage this practice.

TIME FRAME:   Adoptions in Panama typically take 18-24 months.

ADOPTION AGENCIES AND ATTORNEYS:  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/or the licensing authority in the U.S. state where the agency is located or licensed.  Please also see Important Notice Regarding Adoption Agents and Facilitators at the Department of State, Bureau of Consular Affairs web site travel.state.gov.

Because Panama is a Convention country, adoption services must be provided by an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider. These terms are defined in 22 CFR Part 96 and explained in the Department’s website Brochure for Prospective Adoptive Parent(s).  For purposes of this document, accredited agencies, temporarily accredited agencies, and approved persons are referred to with the shorthand term “accredited adoption service providers.”

It is essential that prospective adoptive parent(s) seeking to adopt from a Convention country use an accredited adoption service provider.  The Department 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 www.hcch.net.


ADOPTION FEES IN PANAMA: The U.S. Embassy in Panama discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in Panama at risk.

Attorney fees for an adoption in Panama vary from $1000 to $2500.  Government processing fees vary on a case by case basis.


ADOPTION PROCEDURES IN PANAMA:  All of the documents supporting the prospective adoptive parent(s)' authority to adopt must be translated into Spanish

Both courts, the Juzgado de la Niñez y Adolescencia and the Juzgados Seccionales de Familia, have similar processes for international adoption:

  • An attorney must submit the necessary paperwork in the form of a "demanda" or petition, to the Panamanian courts.  For the "Juzgados Seccionales de Familia", the prospective adoptive parent(s) must have the birth parent(s) sign a document that "irrevocably" grants custody to release the child for adoption and immigration to the adoptive parent(s) or adoption agency.
  • Usually, the prospective adoptive parent(s) and their attorney will communicate with the judge's staff until the demanda is ready for review.  If the judge approves the demanda, the judge will forward the documents to the "Registro Civil de Panama" (Civil Register).  The adoption is not official until it is published in the Civil Register and the judge has signed a final decree. 
  • In adoption cases where prospective adoptive parent(s) are granted legal guardianship of a child in order to adopt the child in the United States, a Panamanian judge must interview the prospective adoptive parent(s) and determine that an adoption outside of Panama is in the best interests of the child. This often includes a psychological evaluation of the parent(s) by a social worker. This evaluation can be performed by a comparable agency in the United States . The "Juzgados Seccional de Familia" requires a special investigation by a court- appointed agency to certify that the child is an orphan.
  • A judge must approve the departure of a child from Panama if the child is leaving without the child's birth parent(s) or legal guardian.  The judge will grant the prospective adoptive parents guardianship for a trial period. This trial period can take place in either the United States or Panama .  If the judge determines that the child's adjustment has been successful, the adoption is finalized under Panamanian law.  If the judge is concerned about the child's welfare, the judge may extend the trial period or cancel the process altogether.

 

DOCUMENTS REQUIRED FOR ADOPTION IN COUNTRY:  For intercountry adoptions, the Government of Panama requires the below listed documents.  English translations of Spanish documents are required.  It is advisable to obtain several authenticated copies of the same document in case extra copies are requested or required.

  1. Birth certificate of each adoptive parent;
  2. Marriage certificate of each adoptive parent, and death or divorce certificate if either parent was previously married;
  3. Health certificate certifying good mental and physical health of each parent.  The Panamanian authorities will accept a health certificate from the prospective adoptive parents’ doctor in the U.S.
  4. Certificate of good conduct from local police in adoptive parents’ state of residence.  The I-600A does not fulfill this requirement.
  5. Letter from employer(s) stating position and current salary.  There is no minimum income requirement.
  6. 2 passport size photographs of each parent;
  7. 2 reference letters attesting to character, financial situation, and living conditions of adoptive parents;
  8. Sociological home study report conducted by U.S. social worker or U.S.-certified investigative agency approved by the Panamanian courts.  Home studies conducted in the U.S. can be used if approved by the Panamanian courts.
  9. Psychological evaluation conducted by authorized medical officer in Panama or a U.S.-certified medical official approved by the Panamanian courts.

 

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  For more information on authenticating U.S. documents to be used abroad, please see the Judicial Assistance section of our website.


COUNTRY OF ORIGIN EMBASSY AND CONSULATE IN THE US:

Embassy of the Republic of Panama
2862 McGill Terr., NW
Washington, DC 20008
Phone: 202-483-1407
Fax: 202-483-8413

Panama also has consulates in:  Mobile, Alabama; Los Angeles, California; San Francisco, California; Miami, Florida; Atlanta, Georgia; Honolulu, Hawaii; Chicago, Illinois; New Orleans, Louisiana; New York, New York; Cleveland, Ohio; Philadelphia, Pennsylvania; Houston, Texas, and San Juan, Puerto Rico.


U.S. IMMIGRATION REQUIREMENTS:  As of April 1, 2008, U.S. citizens wishing to adopt in a Convention country must begin the process by filing with the U.S. Citizenship and Immigration Services (USCIS) a form I-800A Application for Determination of Suitability to Adopt a Child from a Convention Country.  Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, USCIS website to download forms and filing instructions.


U.S. EMBASSY IN PANAMA : Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section is located at:

 Clayton Building #520
1st Floor
Panama City, Panama
Phone:  507-207-7000


ACQUIRING U.S. CITIZENSHIP:  Please see the Child Citizenship Act of 2000 for further information on acquisition of U.S. citizenship for adopted children.


ADDITIONAL INFORMATION:

  • U.S. Department of State Office of Overseas Citizens Services - For information on intercountry adoption and international parental child abduction, and security information for U.S. citizens traveling abroad, call Toll Free 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. EST/EDT, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - For information on immigrant visas for adopted orphans, call (202) 663-1225. Press 1 for additional information on visas, and press 0 to speak to a Visa Information Officer, available 8:30 a.m.  - 5:00 p.m. EST/EDT, Monday through Friday (except Wednesdays 11 a.m. - 12:00 noon)
  • U.S. Citizenship and Immigration Services (USCIS) - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
  • National Visa Center (NVC) Public Inquiries (603) 334-0700, Email: nvcinquiry@state.gov.
  • Country Specific Information - The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at travel.state.gov or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours.
  • USCIS web site