INTERCOUNTRY ADOPTION


PERU



June 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 on our website under Hague Adoption Convention. 

 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:

Peru 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 that was 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.


PLEASE NOTE:

Adoptive parents of dual or mixed American and Peruvian nationality who wish to adopt a blood relative and travel to the United States with the adopted child should take care to ensure that the adoption process is in compliance with the Hague Convention. 

In Peru , there are two separate processes by which families may adopt.  International adoptions are normally processed through MIMDES, the Ministry for Women and Social Development.   MIMDES is the designated Central Authority for International Adoptions under the Hague Convention and is in charge of certifying compliance with the convention for all international adoptions. 

In cases involving Peruvian nationals adopting a blood relative, it is possible under Peruvian law for the adoption to be entirely handled by local courts without MIMDES’s knowledge or involvement.   If the adoption process is completed without MIMDES’s prior certification of Hague compliance, it may be impossible for the U.S. Embassy to issue a Hague Convention adoptee visa to the child.  

All prospective adoptive parents, including those of dual or mixed Peruvian and American nationality, who wish to travel with an adopted child to the United States after the adoption must begin the process by filing an I-800A with the Department of Homeland Security in the United States before initiating any adoption proceedings.  Filing the I-800A in the United States before initiating adoption proceedings will ensure that the both the U.S. and Peruvian Central Authorities are notified of the impending adoption at a point in the process where it is possible to certify Hague compliance.   


PATTERNS OF IMMIGRATION OF ADOPTED CHILDREN TO THE U.S.:Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to children adopted from [ Peru ]: 

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

37

FY 2006

37

FY 2005

28

FY 2004

21

FY 2003

16

 

ADOPTION AUTHORITY IN PERU:

Ministry for Women and Social Development (MIMDES)
Av. Arequipa 381-B
Sta. beatriz, Lima 1, Peru
(51)(1) 332-0733, telfax
E-mail: postmaster@mimdes.gob.pe


ELIGIBILITY TO ADOPT:  Peruvian Adoption laws require that the adoptive parents pass a psychological evaluation. In addition, the age and civil status of the prospective parents determines the age range of the adopted child.    According to information provided by MIMDES, the Peruvian Central Authority for Adoptions, married parents between ages 25 and 43 may adopt children up to age 3, married parents between ages 44 and 50 may adopt children between 3 and 6 years of age, and married parents between 51 and 55 years old may adopt a child age 6 and older. Single parents who are between 35 and 50 years of age may adopt children age 5 and older.    For more information regarding Peruvian laws pertaining to eligibility to adopt, please consult with MIMDES or see MIMDES’ Adoptions website at http://www.mimdes.gob.pe/sna.


RESIDENCY REQUIREMENTS:  Peruvian law permits international adoptions.  Foreign citizens and residents may travel to Peru, remain in Peru for the time required to complete the adoption and travel back to their country of residence with the adopted child without fulfilling a minimum residency period in Peru .  Peruvian law also imposes post adoption reporting requirements for international adoptions such that parents who leave Peru with their adopted child are still required to report on the well-being of the child to the Peruvian government for a set period of time after returning to their home country.


TIME FRAME:  Adopting from Peru can be time-consuming.  Recent experience suggests the total time (from the initial inquiry with an approved adoption agency until the child arrives in the U.S. ) can take many months and often over one year.  Although both adoptive parents do not need to be present in Peru for the entire time, both must be present for the provisional placement, evaluation, and ratification of the adoption through the court.  Prospective adoptive parents should plan to stay in Peru for approximately eight weeks to complete the adoption, and sometimes longer.

With regard to the U.S. immigration part of the process, only the petitioning parent must be present for the visa interview, but the U.S. Embassy encourages both parents to attend. The U.S. Embassy does its best to expedite visa applications of adopted children, but adoptive parents should be prepared for unexpected delays due to procedural and legal requirements.   At this time the effect, if any, the United State ’s ratification of the Hague convention will have on processing times is unknown.


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 Peru 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 “A Guide for Prospective Adoptive Parents.”  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 PERU: The U.S. Embassy in Peru 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 Peru at risk.


ADOPTION PROCEDURES:  Peruvian law restricts inter-country adoption to children who have been deemed legally abandoned.  A Peruvian court must make a legal finding of abandonment before the child is assigned to prospective parents.  In effect, this provision prohibits so-called “direct” adoptions, in which a birth parent gives a child directly (or via an intermediary) to specific prospective parent(s) for adoption.  It also prohibits adoptive parents from searching for and locating a child on their own. 

Although Peruvian law allows children up to age 18 to be adopted, it is important to note that U.S. law requires that the I-800A petition to classify an adopted child as an immediate relative be filed before the child's 16th birthday.

For prospective parents, the process begins when they file the I-800-A petition with the Department of Homeland Security USCIS in the United States .  Prospective parents must use the services of an accredited adoption agency to perform all services related to the adoption, including for the home study.  Once the I-800A is approved the accredited adoption agency in the U.S. notifies the Central Authority in Peru (MIMDES) that the parents have been provisionally approved as prospective parents interested in adopting in Peru .   When the dossier of the prospective parents is completed (see documentary requirements below) and approved by the MIMDES Board of Directors, MIMDES tentatively assigns a child to those parents and forwards information regarding the assigned child to the parents’ adoption agency.    

MIMDES assigns the U.S. agency a specific amount of time (usually 15-20 working days) to confirm the prospective parents’ intention to adopt the child.   When the child has been accepted by the prospective adoptive parents, the parents then file an I-800 petition with their local USCIS in the United States .  The provisionally approved I-800 petition is forwarded to the consular section of the U.S. Embassy, who reviews the case to ensure that the requirements of the Hague Convention have been followed.  If consular officials find that the child is eligible as a Convention Adoptee, the embassy sends an Article 5 letter to MIMDES formally notifying them of the prospective parents’ suitability to adopt.  It is only after the U.S. Embassy issues this letter formally notifying the Peruvian Central Authority of the prospective parents’ suitability for adoption that the prospective parents may proceed with Peruvian adoption proceedings.

Adoptive parents with limited time to travel should confirm with the U.S. Embassy and with MIMDES that the Article 5 letter has been issued and that adoption proceedings are ready to move forward before making travel plans.  If married, Peruvian law requires both prospective parents must attend the ratification of the adoption.  Provisional custody is awarded to the prospective adoptive parents shortly after their arrival in Peru .  After 10-15 days, a social worker assigned to the case will issue a report attesting to the compatibility and bonding of the child and the prospective parents.  If the report is favorable, both of the prospective adoptive parents appear in court to ratify their adoption request, after which the judge may issue the final adoption decree.

When completed, the adoption is entered into a national adoption registry maintained by MIMDES.  The adoptive parent(s) must also register the child in the municipality where s/he was born and obtain a birth certificate listing the adoptive parents as the child's parents. In preparation for the U.S. visa process, adoptive parents must also obtain a Peruvian passport for the child. All court documents related to the child's abandonment and adoption must also have an official English translation. A list of translators is available at the U.S. Embassy in Lima .

Once the parents have the child’s adoption decree, revised birth certificate and Peruvian passport, they will need to appear in the Immigrant Visa Section for visa processing.  The IV unit will work with the adoptive parents to schedule visa interviews and provide relevant information regarding the necessary documents.  The adopted child must appear  in front of the consular officer along with at least one of the adopted parents.


DOCUMENTS REQUIRED FOR ADOPTION IN PERU:  After the Article 16 report is sent to the adoptive parents through the approved adoption provider (usually the U.S. based adoption agency), MIMDES will require additional documents in order to match the parents with a child.  Some of the documents that the prospective adoptive parents must provide include original birth certficates for each parent and for other children in the family, marriage certificate, divorce certificates where applicable, death certificates in cases where the prospective parent is a widow or widower, a legalized copy of the adoptive parents’passports, police reports from the prospective parents’ place of residence, the results of required medical exams, and photographs, job letters and tax returns, etc.   For an up to date list of documents required by MIMDES please see MIMDES’ adoptions website at http://www.mimdes.gob.pe/sna/faq.htm#5.

All U.S. documents must be translated into Spanish by an official translator and legalized by the Peruvian Consul in the United States .   For additional information please see MIMDES website at http://www.mimdes.gob.pe/sna/proceso.html, or email master@mimdes.gob.pe. 


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.


 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 (www.uscis.gov) to download forms and filing instructions.


U.S. EMBASSY IN PERU:  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:

 U.S. Embassy
Avenida La Encalada, Cuadra 17 s/n
Monterrico, Surco, Lima 33
Peru
(51)(1) 434-3000
Fax (51)(1) 434-3037
  http://lima.usembassy.gov/


APPLYING FOR AN IMMIGRANT VISA FOR A PERUVIAN ADOPTED CHILD

For those parents continuing  an adoption case   that was filed before April 1, 2008 under pre-Hague   rules, after the I-600 petition is approved by DHS, adoptive parents must contact the Immigrant Visa office in the Consular unit at the U.S. Embassy to schedule a visa interview. 

For those parents who filed an I-800A after April 1, 2008, DHS will forward the provisionally approved I-800 to the embassy after the prospective parents have been matched with a child and the Article 16 report has been filed.   The embassy will conduct an initial review of the case to confirm compliance with the Hague convention and to look for potential ineligibilities.  If the case file appears complete and Hague compliant, the embassy will send an Article 5 letter to the Central Authority (MIMDES) notifying MIMDES of the prospective parents’ suitability to adopt.   It is only after this Article 5 letter is sent that prospective adoptive parents may complete adoption proceedings.    Once the Adoption is completed and the parents have an adoption decree, the prospective adoptive parents must contact the embassy to request an interview. 

Interviews are scheduled every weekday except Fridays during January-March, and every weekday except Wednesdays during April-December.  Interviews are not scheduled on U.S. and Peruvian holidays.  The Immigrant Visa Unit will try to schedule an interview as quickly as possible, but adoptive parents should allow up to five working days for the visa interview to be scheduled and the process to be completed.  Adoptive parents should not make final, non-refundable travel plans to return to the U.S. until they have their child's visa in hand.  A consular officer is required to review an adoption case carefully and make an independent determination of the child's eligibility for a visa.  This includes another review of the orphan status of the child (for pre-Hague cases), of Hague compliance (for Hague cases), and the child's medical information. 


The child must be present at the Embassy for the immigrant visa interview.

In addition to the complete adoption file presented to USCIS for the I-800, adoptive parents will also need the following at the visa interview with the consular officer:

  • A medical exam completed by a designated panel physician along with the exam fee;
  • The child's Peruvian passport;
  • One photograph of the child, 5cm x 5cm, white background, facing directly at the camera (not in profile) (the image should cover 50% of the photo); and
  • Fee for the visa application and issuance fees ( U.S. or Peruvian currency or by credit card).

* The Panel Physician's examination is designed to comply with specific visa regulations, and is not intended to be a fully inclusive physical examination.  If adoptive parents wish to consult a pediatrician for a more complete physical exam, or for any health problems, the U.S Embassy can provide a current list of doctors and sources for medicines.

NOTE: Visa issuance after the final interview now generally takes at least 24 to 48 working hours from the interview.     It is possible to provide the visa to adoptive parents on the day of the interview.    Adoptive parents should verify current processing times at the appropriate consulate or embassy before making final travel arrangements.


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