|
|
|
||||||||
The Honduran Adoption Process
INTERNATIONAL ADOPTIONS - HONDURAS
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.
PROVISO: The Honduran Congress on October 19, 1992 adopted an amendment to the Honduran Family Code concerning adoptions. The intent of the changes was to make the adoption process clearer and to remove intermediaries from the process of assigning children to prospective adoptive parents in order to eliminate accusations of baby-buying.
Highlights of the new law:
The new law contains the following provisions of interest to prospective adoptive parents:
At least one member of an adoptive couple must be twenty-five years of age, but not more than fifty years of age.
Single persons may adopt, provided that they are at least 25 but not more than fifty years of age.
Married couples must have been married for a minimum of three years.
Foreigners who are not legal permanent residents of Honduras must establish that a government institution, or a private institution which has been in operation for at least five continuous years and which has been recognized by the state in which it operates and registered by the Junta Nacional de Bienestar Social (JNBS), the Government of Honduras social welfare agency will ensure that the adoptive parents meet their obligations to the child and will report on the child at regular intervals on the same. These reports must be presented quarterly during the first year following the completion of the adoption, semiannually during the second year, and annually beginning the third year until the child reaches fourteen years of age.
The child's biological parents (or parent if the child has been abandoned by one of the parents) must appear before the JNBS for a briefing on the social psychological, and legal consequences of giving up a child for adoption. If they persist in their decision, they will be referred to a family court in order to give legal consent to the adoption. Once legal consent has been given, the family court will formally notify the JNBS and request that the child be placed in the government orphanage, the Centro de Hogar Temporal. Children will be assigned prospective adoptive couples in the order in which these couples apply. The JNBS will direct and supervise all foster care arrangements during the adoption process.
Penalties for "Baby Buying": Under the new law, all children given up for adoption must be unconditionally abandoned to the courts. The intent of this provision is to eliminate abuses connected with the former practice of abandoning children to attorneys. According to the new law, a parent, legal representative of a child, or any other person who sells, buys, receives, or promises payment or reward for a child to be given up for adoption will be penalized with three years and one day in prison.
GENERAL: The American Embassy and the Department of State stand ready to assist adoptive parents, within the limits of our authority. Reports to the American Embassy or the Department of State about successes or problems with foreign adoptions are very useful and any assistance adoptive parents can provide in this regard is much appreciated.
AVAILABILITY OF CHILDREN FOR ADOPTION: Recent US immigrant visa statistics reflect the following pattern for visa issuance to orphans:
Fiscal Year IR-3 Immigrant Visas Issued to Honduran IR-4 Immigrant Visas Issued to Honduran
Orphans Adopted Abroad Orphans Adopted in U.S.
FY-1994 77 0
FY-1995 28 0
FY-1996 28 0
FY-1997 26 0
HONDURAN ADOPTION AUTHORITY:
Determinations regarding adoption of Honduran children by foreigner are the responsibility of the Honduran courts and the JNBS.
HONDURAN ADOPTION PROCEDURES:
The new Honduran adoption law requires birth mothers to relinquish children only to the Family Courts. The Courts will place the children in state orphanages until they are assigned adoptive parents. The JNBS will receive applications to adopt from Honduran representatives of U.S. adoption agencies which have been licensed, registered with the JNBS and operating five years. JNBS will not work with agencies which do not meet these conditions.
The JNBS will convene a committee made up on JNBS members, psychologists, and members of the Honduran bar association to match children with prospective parents. The U.S. adoption agency will relay information about the child to prospective adoptive parents for approval. JNBS will provide a full description of the child, as well as photos, to the prospective adoptive parent(s). Prospective adoptive parents will have one month to decide whether to accept the match. A written explanation will be demanded of prospective adoptive parents who choose not to accept the child.
Prospective adoptive parents who refuse a child will go to the bottom of the JNBS priority list to await a match with another child.
If prospective parents accept the match, the JNBS will schedule interviews for the prospective adoptive parents in Honduras. If the parents are approved, the JNBS will prepare the papers for the Honduran First Lady's signature. JNBS will base its examination on the psychological and home studies performed by licensed social workers in the United States. Once the JNBS approves the adoption, the U.S. adoption agency's Honduran representative will engage a lawyer to present the request for adoption to the Honduran courts. The court will then consider the case and, as before, issue a final adoption decree when it approves the request. The adoptive parents will then get a new birth certificate and passport for the child. The adoptive parents will then apply for an immigrant visa at the U.S. Embassy Consular Section.
WHAT CHILDREN ARE AVAILABLE FOR ADOPTION: Under Honduran law, children become eligible for adoption in one of two ways: when they are "abandoned" or when they are "relinquished." Prospective adoptive parents should be aware that not all such children qualify for the definition of "orphan" under U.S. immigration laws, and thus would not be eligible for a visa to enter the United States as an orphan.
Abandoned children: Children whose parents are unknown, cannot be found, or who have refused to care for their offspring. This group might include children left in a hospital, children who have been neglected/abused, and children whose parents have died. Such children are remanded to the custody of the Minors' Court, which normally places them in state orphanages. The court makes an attempt to locate the natural parents. Failing this, it issues a decree of abandonment which becomes effective after it has been published for 90 days. This period, intended to provide time for the natural parents or other close relatives to come forward, is established by law and cannot be shortened. Adoption proceedings cannot be begun until the abandonment is complete.
Relinquishment: This occurs when a parent voluntarily offers the child for adoption. Under the new adoption law, children must be relinquished to JNBS by the parent(s). The parent(s) must appear before a court to renounce all rights to the child.
AGE AND CIVIL STATUS REQUIREMENTS: At least one adoptive parent must be no younger than 25 and no older than 50. A single person may adopt. If a couple is adopting both petitioners must petition for the adoption. The child must be at least 15 years younger than the adoptive parents. It is possible to adopt more than one child.
RESIDENCE REQUIREMENTS: The prospective adoptive parents must come to Honduras to be interviewed by JNBS.
HONDURAN ADOPTION RECORDS: The child's Honduran birth certificate and passport will bear the names of the adoptive parents. The adoption decree is published in the Official Gazette.
TIME FRAME: Honduran adoptions take 8 months or more to complete.
HONDURAN FEES: Legal fees charged by Honduran attorneys range from $4,000 to $8,000 for an adoption.
Never pay all of the fee in advance. The attorney then has no incentive to finish the adoption as quickly as possible and the client has no recourse in the event of a dispute. Pay as little as possible up front. Negotiate fees with the attorney since fees can sometimes be reduced. You should also establish whether the fee includes attorney's expenses (specify), translation services, court fees, authentication of documents, and preparation of documents. Are each of these services part of the basic package? U.S. citizens adopting a child in Honduras should report any exorbitant fees to the American Embassy or the Department of State.
The JNBS has established a set fee for foster care of $300 a month per child.
ADOPTION AGENCIES AND ATTORNEYS: Under the new Honduran adoption law, the JNBS receives applications to adopt from Honduran representatives of U.S. adoption agencies. The U.S. adoption agencies must have licenses to practice, must be registered with the JNBS and must have been in existence for a minimum of five years. JNBS will not work with agencies which do not meet these conditions. Once the JNBS approves the adoption, the U.S. adoption agency's Honduran representative will engage a lawyer to present the request for adoption to the Honduran courts. Lists of attorneys are available from the American Embassy or the Department of State.
HONDURAN DOCUMENTARY REQUIREMENTS: Foreigners who are not legal permanent residents of Honduras must present the following documents to the JNBS along with their application to adopt.
--Birth Certificates;
--Marriage certificate (if applicable)
--Medical certificates, including a certificate of infertility if that conditions exists;
--A certificate of good conduct from the police in the place the adoptive parents live;
-- A home study prepared by an authorized and licensed social service agency;
--Certified copies of the deeds to any property the adoptive parents own;
--Three letters of reference;
--Two front view photographs of each adoptive parent;
--Copies of passports;
--Verification(s) of employment and salary;
--An approved I-600A from the U.S. Immigration and Naturalization Service;
--A letter of certification from the Honduran consulate having jurisdiction over the state in which the adoptive parents reside that they have met all the state requirements and that the adoption agency charged with post-adoption supervision and reporting is officially licensed in that state.
In addition to the above-listed documents, adoptive parents will also be required to produce a follow-up letter (carta de seguimiento) from a licensed social welfare or adoption agency. The agency must undertake to check on the child's well being after the adoption is completed. The letter must promise reports to the JNBS on the child's development according to the following schedule.
--quarterly in the first year after adoption;
--semiannually in the second year after adoption;
--annually in the third year after adoption and in every year after up to age 14.
If requested, the JNBS can provide a model of a follow-up letter.
Translations Requirements: All documents prepared for transmission to Honduran adoption authorities must be accompanied by a certified Spanish translation.
Authentication Requirements: All foreign (U.S.) documents must be authenticated.
Generally, U.S. civil records, such as birth, death, and marriage certificates must bear the seal of the issuing office, then be authenticated by the state Secretary of State in the United States, then by U.S. Department of State Authentication Office, then by the Honduran Embassy or Consulate.
Tax returns, medical reports and police clearances should likewise be authenticated, beginning with the seal of a notary public in the United States or that of the appropriate issuing office. The notary's seal should be authenticated by the clerk of court of the county where the notary is licensed or some similar authority. The document should then be authenticated by the State Secretary of State, the U.S. Department of State Authentication Office, and the Honduran Embassy or Consulate.
The U.S. Department of State Authentication Office is located at 518 23rd Street, State Annex One, Washington, D.C. 20520, Tel (202) 647-5002. Walk in Service is available 7:30 am to 11:00 noon Monday-Friday, except holidays. The Department charges $5.00 per document for this service, payable in the form of a check drawn on a U.S. bank or money order made payable to the Department of State.
It is advisable to take several copies of the completely authenticated documentation with you to Honduras.
HONDURAN EMBASSY AND CONSULATES IN U.S.
Embassy of Honduras
Consular Section
Washington, D.C. 20008
Tel: (202) 966-7702
Consulate General of Honduras
Consular Section
548 S. Spring St., Suite 310
Los Angeles, CA 90013
Tel: (213) 623-2301
Consulate General of Honduras
Consular Section
870 Market St., Flood Bldg.
Rooms 451-453
San Francisco, CA 94102
Tel: (415) 392-0076
Consulate of Honduras
1914 Beachway Road, Suite 3-0
Jacksonville, FL 33207
Consulate General of Honduras
Consular Section
14 NE 1st Ave., Suite 406
Israel Discount Bk. Bldg.
Miami, FL 33132
Tel: (305) 358-3477
Consulate General of Honduras
Consular Section
6011 N. Kenmore, Apt. 212
Chicago, IL 60660
Tel: (312) 772-7090
Consulate of Honduras
8233 Keel Avenue
P.O. Box 1903
Baton Rouge, Louisiana 70821
Consulate General of Honduras
Consular Section
203 Corondelet St., Suite 707
New Orleans, Louisiana 70130
Tel: (504) 522-3118
Consulate of Honduras
33 Copley St.
Newton, Massachusetts 02158
Tel: (617) 247-2007
Consulate of Honduras
3620 Shady Lane
Detroit, MI 48216
Consulate General of Honduras
Consular Section
80 Wall St., Suite 915
New York, NY 10005
Tel: (212) 889-3858
Consulate of Honduras
4151 Southwest Freeway, Suite 700
Houston, TX 77027
Tel: (713) 622-4572
In addition, Honduras has honorary consuls in Burlingame, California; San Diego, California; Denver, Colorado; Coral Gables, Florida; Gainesville, Florida; Atlanta, Georgia; Baltimore, Maryland; Minneapolis, Minnesota; St. Louis, Missouri; Rochester, New York, Cleveland, Ohio; Philadelphia, Pennsylvania; Cayey, Puerto Rico; San Juan, Puerto Rico; Providence, Rhode Island; San Antonio, Texas and Seattle, Washington.
Scheduling Appointment with U.S. Consular Officer:
It is advisable to contact the Consular Section of the U.S. Embassy in Tegucigalpa on your first trip to Honduras in order to obtain the necessary forms and instructions needed for an immigrant visa interview. The Embassy cannot guarantee issuance of the visa in advance of the interview. The immigrant visa interview may be scheduled a day in advance. Interviews are scheduled on Monday, Tuesday, Thursday or Friday at 8:00 a.m. and if everything is in order and the visa is approved, it will be handed out the same day at 3:30 p.m. The child must be present at the Embassy for the immigrant visa interview and the medical examination must be performed by an Embassy approved panel physician.
What Documents to Bring With You to U.S. Embassy
For the immigrant visa application the child will need:
Child's passport
Child's medical examination
Child's photograph (color showing ¾ of the face).
Adoption documentation:
New birth certificate (which bears the adoptive parent's name)
Original birth certificate (which bears the natural parents name).
Inscription of adoption certificate from the civil registry.
Relinquishment of parental rights executed by the family court.
Abandonment decree from the Court of Minors or from the JNBS.
Death certificate of either biological parent.
Adoption decree issued by Honduran court.
Adoption protocol prepared by the attorney.
Newspaper clippings of adoption publishings (one published in the official newspaper "La Gaceta" and one from one of the local newspaper).
In the case of a minor taken to the United States by a third party, for example, a legal representative or social assistant of an adoption agency or other entity, a notarized statement will be required authorizing that person to take the minor to the United States with the purpose of placing him/her with the prospective adoptive parents. NOTE: There are no provisions in INS regulations for approving petitions signed by agents with powers of attorney. Consequently, even if an agent is physically accompanying the child to the U.S., the petition itself must be signed by the adoptive parent(s) after the child has been identified.
U.S. FEES:
INS fees for I-600 and I-600A Petitions: There is an INS fee of $405 for an I-600 or I-600A petition. If you have a valid I-600A and file an I-600 within one year of the approval of the I-600A, no fee will be charged for the I-600 provided you are only petitioning for one child or for siblings. If you are not petitioning for more than one child and the children are not siblings, the I-600 fee will be charged.
U.S. State Department authentication fee: If you are having documents authenticated by the Department of State Authentication Office, there is a fee of $5.00 per document.
Medical Examination Fee: The adopted child must have a medical examination performed by one of the U.S. Embassy or Consulate's panel physicians before the immigrant visa can be issued. The cost of this medical examination is approximately U.S. $15.00 and must be borne by the adoptive parent(s).
U.S. Immigrant Visa Fee: The fee for the immigrant visa is $200 and may be paid either in U.S. dollars of local currency. This $200.00 does not include medical examinations, costs of documents, the petition, etc. The American Embassy does not accept personal checks or credit cards.
ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult INS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.
QUESTIONS: Specific questions regarding adoption in Honduras may be addressed to the Consular Section of the U.S. Embassy or Consulate in Honduras. You may also contact the Office of Children's Issues, U.S. Department of State, Room 4800 N.S., 2201 C Street, NW, Washington, D.C. 20520-4818, telephone (202) 736-7000 with specific questions.
Information is also available 24 hours a day from several sources:
Telephone
Office of Children's Issues: Recorded information regarding changes in adoption procedures and general information, (202) 736-7000.
State Department Visa Office - Recorded information concerning immigrant visas for adoptive children, (202) 663-1225.
Immigration and Naturalization Service - Recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
Automated Fax: Contains the full text of the office's international adoption information flyers and general information brochure, International Adoptions. From the telephone on your fax machine, call (202) 647-3000.
Internet: The Consular Affairs web site, at: http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.
Other Information
Consular Information Sheets are published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the Internet web site, as above.
November 1998