Columbia
THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:
Colombia 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) consider 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: Colombian law does not allow for private adoptions. Children may be adopted only through the Colombian Family Welfare Institute (ICBF) and approved adoption agencies. This means that both the U.S. agency that is contracted by the prospective adoptive parents and the Colombian agency facilitating the Colombian part of the process must be approved by the Colombian government.
Every adopted child must have a final adoption decree in order to leave Colombia . Colombian law also requires that both adopting parents be physically present when the adoption is presented to a “family judge.” No exceptions are made to this requirement.
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 Colombia:
| Fiscal Year | Number of Immigrant Visas Issued |
| FY 2007 | 310 |
| FY 2006 | 344 |
| FY 2005 | 291 |
| FY 2004 | 287 |
| FY 2003 | 272 |
ADOPTION AUTHORITY IN COLOMBIA:
BIENESTAR FAMILIAR (ICBF) Grupo Nacional de Adopciones Avenida 68 # 64-01 Bogotá, Colombia Telephone: 011-57-1-437 7630 - Ext. 3158 - 3157 Internet: www.icbf.gov.co (Spanish)ELIGIBILITY TO ADOPT:
Colombian law allows for adoptions by a married man and woman and common law spouses of more than three years. Single men and women are eligible to adopt children over the age of seven years only and on a case-by-case basis. Homosexual individuals may not adopt children from Colombia . In practice, newborns are assigned to younger couples, and older children are assigned to older couples.
Both parents are required to be 25 years of age and capable physically, emotionally to adopt. The economic requirement can be met by only one of the parents. Both parents are required to appear before the judge in Colombia . Only one parent is required to appear before a consular officer.
RESIDENCY REQUIREMENTS: There are no special residency requirements.
TIME FRAME: It is hard to predict how long an adopting family should expect for the adoption to be completed. There are many factors that determine how long the adoption and visa process takes, including how long it takes to have paperwork approved in the United States and in Colombia . In addition, factors including the desired sex and age of a child play a role, as well as the age of the prospective parents. Couples receiving visas for their newly adopted children typically report that the entire process took from 18 to 30 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.
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. 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 COLOMBIA: The U.S. Embassy in Colombia 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 Colombia at risk. In addition, providing donations in connection is generally against Colombian law. For more information, please contact the Colombian authorities at ICBF directly.It is difficult to predict how much the entire adoption process will cost as each case has unique circumstances. Parents receiving visas for their adopted children have reported spending between $12,000 and $20,000 from start to finish.
ADOPTION PROCEDURES:
1. Once an adoptive couple has decided that Colombia is the country from which they wish to adopt, they must first contact the ICBF or an accredited adoption agency in Colombia (listed above) in order to obtain a list of adoption agencies in the United States, nearest to the couple’s place of residence, that are accredited by the Colombian Government. One of these adoption agencies in the United States will perform the home study and will assist prospective parents in preparing the Form I-600A (Application for Advance Processing of Orphan Petition) or I-800A (Application for Determination of Suitability to Adopt a Child from a Convention Country, if not completed previously, and its supporting documents for approval by the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) division. Please note that many of the documents required for the I-600A or I-800A are the same that are required for ICBF, so it is wise to review both lists to avoid duplicating efforts.
2. Once the I-600A or I-800A has been approved by DHS, parents must compile the list of documents, below, for submission to the ICBF. Once the ICBF approves the package of documents, it will be in a position to inform prospective adoptive parents (through their agencies) about the availability of children in need of a family placement and the amount of time it is likely to take to complete the adoption. This timeline will depend on several factors, including the parent’s age, the desired sex of the child, age of the desired child, and how many children are available at the time. ICBF will inform the parents (again, through the agencies) once a child has officially been assigned to them. Medical, social, psychological, and nutritional assessments are provided to the parents, as well as photographs of the child. Prospective parents are then given two months to make a decision as to whether to adopt that particular child.
3. After the parents are informed that they have been assigned a child, they then travel to Colombia to begin the legal process with Colombian authorities. The ICBF or the Colombian adoption agency will assist the family with obtaining the documents needed to complete the Colombian legal procedures, including (but not limited to) the adoption decree, a new Colombian birth certificate, and a new Colombian passport. The passport fee is 67,000 pesos (approx. US $30). All other fees vary.
4. Once all the Colombian legal proceedings are complete, the family is ready to visit the U.S. Embassy to apply for the immigrant visa used to travel to the United States . Please refer to the list below of specific documents required on the day of the immigrant visa interview. The Embassy handles visas for adopted children Monday through Thursday, except Colombian or U.S. holidays, from 8:30 a.m. to 11:00 a.m.
LETTER REQUIRED BY COLOMBIAN JUDGES: In order for the U.S. Embassy to issue the letter required by the Colombian family judges that commits the U.S. Embassy to issuing an immigrant visa under the condition that all adoption and U.S. immigration requirements are met, the Embassy needs to have received an Application for Advance Processing of Orphan Petition (Form I-600A) or Form I-800A (Application for Determination of Suitability to adopt a child from a Convention Country) approved by the U.S. Citizenship and Immigration Service (USCIS). The adopting parents file this petition in the United States at the USCIS service center responsible for the district in which they reside. (Information on USCIS office locations can be found at: http://uscis.gov/graphics/fieldoffices/index.htm). Please note that if the adoptive parents reside in Colombia , they should contact the Embassy in Bogotá 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.
DOCUMENTS REQUIRED FOR ADOPTION IN COLOMBIA:
The following is a list of documents that U.S. prospective adoptive parents are required to submit to the ICBF while the parents are still in the U.S. (see step 2 of procedures above), and before they travel to Colombia to adopt a child:
1. Application Form for adoption can be provided by the ICBF or found on the ICBF Website: www.icbf.gov.co;
2. Birth certificates of adoptive parents;
3. Marriage certificate or proof of common law relationship of adoptive parents;
4. Medical examinations by Board-certified physicians clearly stating that prospective adoptive parents are mentally and physically capable of caring for a child (or children).
5. 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 (DHS). When completed, the cards for the U.S. records check as well as the US $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. (Please note: The set of fingerprints submitted previously with the I-600A or I-800A application cannot be submitted to the ICBF).
National Visa Center
Fingerprint Unit
32 Rochester Avenue
Portsmouth, New Hampshire 03801
6. Birth certificates of any children previously adopted by adoptive parents;
7. Certificate of financial ability; employment letters explaining time of service and monthly salary received in US dollars;
8. If self-employed, a certified document regarding the parent’s financial resources or last income tax return with supporting documents is required;
9. Social and psychological study of the adopting family that establishes physical, mental, moral and social capacity. The homestudy required by USCIS can fulfill both the U.S. and the Colombian requirements.
10. If there were previous marriages or partners of adopting parents, proof of divorce and reasons for such dissolutions should be presented; and
11. 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.
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 the State Department’s 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.
Parents who do not have an approved I-600A must file their Form I-600 (Petition to Classify Orphan as an Immediate Relative) with the USCIS office having jurisdiction over their place of residence in the United States . In general, a parent who has an approved I-600A may file Form I-600 either in the U.S. or at a USCIS office in the country where the immigrant visa will be issued. If there is no USCIS office in that country, the I-600 may be filed with the consular section of the U.S. Embassy or Consulate where the adoption case is being processed.
U.S EMBASSY IN COLOMBIA: 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:
The United States Embassy is located at:
Carrera 45, No. 24B-27
Bogotá, Colombia
Email: IVBogota@state.gov , Attn Adoptions
They receive telephone calls from 2:00 to 3:30 P.M. (East Coast time) at the following number: 011-571-383-2795
APPLYING FOR A VISA AT THE U.S. EMBASSY IN COLOMBIA : Once you have all the required documents, below, one of the adoptive parents must come to the U.S. Embassy with the child between 8:30 a.m. and 11:00 a.m., Monday through Thursday. Please note there is a fee of US $400 or the equivalent in Colombian pesos for the visa application.
The following is a list of the documents required by the U.S. Embassy in order to process immigrant visas for Colombian children who have been adopted by U.S. citizens:
1. Form I-600: “(Petition to Classify Orphan as an Immediate Relative) or I-800 (Petition to Classify a Convention adoptee as an immediate Relative)” These forms have to be filled out completely, signed by both adoptive parents and filed with the U.S. Embassy before the child reaches his/her sixteenth (16) birthday.
2. Form DS-230: “Application for Immigrant Visa and Alien Registration”, Parts I and II. These forms should be filled out by one of the adoptive parents in the child’s name before coming for the formal visa interview. Every item should be answered. If information is not applicable, please write N/A in the block.
3. Child’s Passport.
4. 2 Photographs: 2 COLOR photographs with WHITE background on GLOSSY paper; frontal portrait, 5 cm X 5 cm total frame, head size 3 cm.
5. Child’s Birth Certificates (originals or notarized copies): Both birth certificates-the one before the adoption and the other after the adoption.
6. Abandonment Decree or Custodial Parent’s Release (original or notarized copy): This document should have the Colombian Family Welfare Institute’s (ICBF) approval.
7. Final Adoption Decree (original or notarized copy)
8. Fee: The fee for an immigrant visa processed by the Embassy is US $400.
9. Medical Exam: Before an immigrant visa can be issued, all adopted children must have a medical examination performed by the Embassy’s approved panel physician, named below. The cost of this medical examination is approximately US $50 and must be paid by the parents directly to the physician, not to the Embassy. The child’s Colombian passport will be required for the medical appointment.
Dr. Juan Ignacio Fajardo
Carrera 16 # 82-74 Apt. 318
Tel. (57)(1) 691 9272/73.
Note: Visa issuance after the final interview now generally takes at least 24 hours and it will not normally be 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.
DISCLAIMER: The preceding 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 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.
Credits: U.S. State Department - August 2008
