Haiti

THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:

Haiti is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention). Therefore the entering into force of the Convention for the United States on April 1, 2008, did not change intercountry adoption processing for Haiti.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.:

Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Haitian orphans:

Fiscal Year	Number of Immigrant Visas Issued
FY 2007	197
FY 2006	309
FY 2005	234
FY 2004	356
FY 2003	250

ADOPTION AUTHORITY IN HAITI:

The Haitian courts issue adoption decrees and other legal documents, and the “Institut du Bien Etre Social et de Recherches” (IBESR) is the sole authority to provide authorization to adopt. IBESR also accredits adoption agents and orphanages in Haiti.

Documentation from both the Haitian courts and from IBESR is required to adopt a child in Haiti.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:

Under Haitian law, at least one prospective adoptive parent must be 35 or older. For married couples, one prospective adoptive parent may be under age 35, provided the couple has been married for 10 years and has no biological children. Pursuant to the terms of the United Nations Convention on the Rights of the Child, the Haitian Government may decide to lower its existing age requirement. Haitian law permits adoptions by single parents. Adoptions by married couples require the consent of both spouses. This restriction can be waived with permission from the President of Haiti.

While Presidential waivers of ineligibility are sometimes issued, they are difficult to obtain and require a lengthy period of time to process. Prospective adoptive parents who do not fit the guidlines should consider not adopting in Haiti.

Note: U.S. immigration procedures still require the signature of both spouses on the I-600 form. (See “U.S. Immigration Requirements” section below).

RESIDENCY REQUIREMENTS: Haitian law does not require prospective adoptive parents to reside in Haiti, although Haitian courts and/or IBESR may require American prospective adoptive parents to travel to Haiti before the adoption is finalized. The U.S. government does not require adoptive parents to travel to Haiti at any time during the adoption and immigrant visa procedures.

TIME FRAME: The adoption process in Haiti frequently requires as long as eighteen months, primarily because the legal process is complex. Often adoption applications can take more than two years. Prospective adoptive parents are advised to keep this timeframe in mind. Once an adoption case has been approved by IBESR and the Department of Homeland Security (DHS) office of U.S. Citizenship and Immigration Services (USCIS), the process of obtaining an immigrant visa appointment at the Immigrant Visa Unit (Adoptions Unit) of the U.S. Embassy Consular Section usually takes approximately two weeks. If at the time of the visa interview the adoption case is complete and the immigrant visa is issuable, the visa itself is typically available within two business days.

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.

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.

Note: Fraudulent documents are easily and cheaply available in Haiti and often can be obtained with much less effort than genuine documents. These documents may include birth certificates, death certificates, relinquishment documents purportedly issued by civil courts and even adoption authorizations. Documents are routinely submitted by the Adoptions Unit to the Haitian issuing authorities for verification. The submission of fraudulent documents in conjunction with an application for an immigrant visa for an adoptive child will result in the I-600 petition being returned to the USCIS office that approved the petition with a memorandum requesting reconsideration and possible revocation. Submission of additional documents in an attempt to “correct” the fraudulent documents does not offer relief of the fraud after the fact. Please insure that your chosen adoption agent, facilitator or orphanage director is aware of our policy in this regard.

ADOPTION FEES IN HAITI: The U.S. Embassy in Haiti 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 Haiti at risk.

Haiti’s courts charge for judicial services, but their fees are not fixed, and prospective adoptive parents should expect to pay varying court fees and expenses. IBESR charges 5,000 Haitian gourdes (approximately $140). The approximate total cost to adopt a child in Haiti is $3,000 excluding airfare; however, some adoptive parents report paying larger sums.  The average total cost including agency fees, orphanage fees, airfare, etc. is approximately $12,000 - $15,000.

Note: Haitian and U.S. law prohibit any payments to the child’s birth parent(s) or guardian(s) by the prospective adoptive parents or their agents.

ADOPTION PROCEDURES:

Haitian law does not allow prospective adoptive parents to take children out of Haiti until the adoption is finalized. Applications for guardianship for the purposes of taking children out of Haiti for adoption in another country are not permitted.

Adopting a child under Haitian law involves three steps:

1. Prospective adoptive parents must obtain release from the child’s surviving parent(s) or legal guardian. Known as the “Extrait des Minutes des Greffes,” this can only be obtained from the Tribunal de Paix (Justice of the Peace) with jurisdiction over the residence of the child.

2. Prospective adoptive parents must then submit the “Extrait des Minutes des Greffes” to IBESR, which will investigate, among other things, the medical and psychological well-being of the prospective adoptive parents and child. If IBESR approves the adoption, it issues an “Autorisation d’Adoption” (Authorization of Adoption).

Note: Only the IBESR office in Port-au-Prince can authorize an adoption. IBESR regional offices do not have this authority. This second step is often the most time-consuming in the overall adoption process. Each case has different mitigating factors, some more complicated than others, all of which can have a direct impact on the length of time it takes IBESR to process an individual case. The Immigrant Visa Unit of the U.S. Consulate has no authority over or ability to influence how quickly IBESR processes its caseload or which cases it takes in which order.

3. Finally, prospective adoptive parents must present the IBESR Authorization of Adoption to the “Tribunal Civil” (Civil Court) that has jurisdiction over the child’s residence in order to obtain an “Acte d’Adoption” (Adoption Act), which finalizes the child’s adoption.

DOCUMENTS REQUIRED FOR ADOPTION IN HAITI: Prospective adoptive parents or their attorney should be prepared to present the following documents to the Haitian courts and/or IBESR.

Note: The Haitian courts and IBESR require that all documents be translated into French and authenticated (notarized) by a Haitian consul in the United States.

1. The adoptive parents’ birth certificates (if born in Haiti , these must be the official “extrait de naissance“/extract of birth available from the National Archives);

2. The child’s “extrait de naissance” - this should not be confused with the “acte de naissance,” the document upon which the “extrait” is based;

3. The adoptive parents’ marriage certificate, if applicable; and

4. If the biological parents of the child are deceased, their “extrait de decès” (extract of death) from the National Archives.

Prospective adoptive parents are cautioned to work only with reputable orphanages and adoption agents. Fraudulent documents submitted by an agent or orphanage director on behalf of adoptive parents will result in the I-600 petition being returned to the approving USCIS office for consideration and possible revocation.

Note: “Archives National d’Haiti” is the National Archives in Port-au-Prince and is the only Haitian agency with the authority to issue extracts related to acts of birth, death, marriage, and divorce. Each of these documents is based on an “acte” of birth, death, marriage, and divorce; this “acte” is rarely sufficient for IBESR or U.S. immigration purposes. The Immigrant Visa Unit of the U.S. Embassy has no authority over the National Archives or ability to influence how quickly it can provide required extracts.

IBESR also requires tax returns and police clearances from the prospective parents, as well as medical and psychological reports for the adoptive parents and child. The Consulate sends adoptive parents a list of IBESR documentary requirements when it receives an approved Form I-600 or I-600A (discussed below) from USCIS.

Haitian immigration authorities require all Haitian children leaving the country to leave using Haitian passports that bear their adoptive name. The processing time for a Haitian passport can be as long as two or three months after the receipt of the final adoption act. The Consulate cannot issue U.S. passports to Haitian children, as U.S. passports are available only to U.S. citizens.

Note: The Immigrant Visa Unit of the U.S. Consulate has no authority over or ability to influence how quickly the Haitian Immigration Office can issue required passports.

The following is a list of documents required by IBESR.

For the child being adopted:

1. Three identity photos;

2. A Haitian legal document called the “Certificate of Abandonment” from the birth mother and father (if known).

3. Relinquishment of parental rights from each birth parent (if the birth parents are deceased, the surviving relatives or legal guardian must issue this document);

4. The child’s “extrait de naissance” and the “extrait de naissance”, if available;

5. Death certificate of the birth parents (”extrait de decès“), if applicable;

6. The child’s social history, which is a statement prepared by a social worker appointed by IBESR, stating how the child became an abandoned child;

7. A psychological evaluation of the child; and

8. A complete medical report that includes tests for tuberculosis, HIV, and sickle cell anemia.

Note: Fraudulent documents are easily and cheaply available in Haiti and often can be obtained with much less effort than genuine documents. These documents may include birth certificates, death certificates, relinquishment documents purportedly issued by civil courts and even adoption authorizations. Documents are routinely submitted to the issuing authorities for verification for an immigrant visa for an adoptive child will result in the I-600 petition being returned to the USCIS office that approved the petition with a memorandum requesting reconsideration and possible revocation. Submission of additional documents in an attempt to “correct” the fraudulent documents does not offer relief of the fraud after the fact. Please insure that your chosen adoption agent, facilitator or orphanage director is aware of our policy in this regard.

For the adoptive parents:

1. A statement from the prospective adoptive parents that they plan to adopt a child in Haiti ;

2. Three identity photos of each of the prospective adoptive parents;

3. Birth certificate of each prospective adoptive parent (or “extrait de naissance” if born in Haiti );

4. Marriage certificate of the prospective adoptive parents ( “extrait de mariage” if married in Haiti ; not required of single adoptive parent);

5. An original notarized power of attorney designating whoever may act on the parents’ behalf in Haiti (if applicable; a fax copy is not sufficient);

6. A report from the adoptive parent’s U.S. state of residence indicating that they are authorized to adopt a child;

7. Financial documents, including tax returns, job letters, notarized bank account documents and copies of deeds and mortgages (prospective adoptive parents should forward the Form I-864 Affidavit of Support with the requisite attachments);

8. An evaluation of the household environment in which the adoptive child will live (the home study conducted for the I-600A can be used to fulfill this requirement);

9. A statement from a competent police authority in the prospective adoptive parent’s town of residence indicating the absence of a criminal record (this is included in the home study and the I-171H is sufficient for this requirement);

10. Medical examination reports for both prospective adoptive parents;

11. A psychological evaluation report of the prospective adoptive parents; and

12. Two letters of reference.

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

U.S. IMMIGRATION REQUIREMENTS:

Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, U.S. Citizenship and Immigration Service publication The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions. Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600A, Petition to Classify Orphan as Immediate Relative and Form I-600, Petition to Classify Orphan as an Immediate Relative in the State Department flyer “How Can Adopted Children Come to the United States.”

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

U.S. EMBASSY IN HAITI: 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:

American Embassy, Consular Section (Adoptions Unit)

Boulevard du 15 Octobre

Tabarre 41

Tabarre, Haiti

APPLYING FOR A VISA AT THE U.S. EMBASSY IN HAITI:

When the Adoptions Unit receives the approved I-600 for the child (ren), Adoptions Unit will contact the orphanage director/ adoption facilitator chosen by the adoptive parents to schedule an appointment for the agent to submit all the necessary original civil documents. If the I-600 was approved by a domestic office of USCIS, it is the responsibility of the Adoptions Unit to complete the I-604 orphan investigation before beginning the immigrant visa processing. If the I-600 petition was filed at USCIS Port-au-Prince, USCIS will complete the I-604 orphan investigation PRIOR to approving the I-600.

All appointments and interviews must be scheduled with the Adoptions Unit in advance by e-mail by the adoptions agent employed by the adoptive parents. Appointments are scheduled between the hours of 7:30 a.m. and 1:00 p.m. on Monday, Tuesday, and Thursday; I-604 Orphan Investigation interviews with the birth parent(s) are scheduled on Wednesdays between the hours of 7:30 a.m. and 1:00 p.m.

Upon arrival at the Consular Entrance, the agent should present a printed copy of the e-mailed appointment to the guard at the Consular Entrance.

The agent will then be directed to the Adoptions unit assistant, who will address the specific purpose of the appointment.

Depending on where the I-600 was filed, there will be several steps to be completed prior to the final immigrant visa interview. Each child’s case must be complete and the child must qualify for immigration based on the laws and regulations set forth in the Immigration and Nationality Act (as amended). Adoptive parents often wish to be present for the final immigrant visa interview. However, they are strongly advised to wait until the immigrant visa itself has been issued and collected by the adoption agent working for them before traveling to Haiti. Please refer to Haiti’s Country Specific travel information at travel.state.gov.

Medical Examination: Each adopted child must have a medical examination performed by one of the U.S. Embassy Consular Section’s panel physicians before he/she can be issued an immigrant visa. The Consular Section has a list of approved panel physicians.

The adoptive parents must pay the cost of this medical examination. The fee is $40.00 for children who are infants to age 10, and $40.00, plus an additional $110.00 for vaccinations, for children over 10. Note that the vaccinations may be waived for completion in the United States if the child is under the age of 10.

NOTE: Visa issuance after the final interview 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 before making final travel arrangements.

DOCUMENTS REQUIRED FOR THE IMMIGRANT VISA INTERVIEW:

For an IR3 or IR4 immigrant visa the child will need:

1. A Haitian passport reflecting the child’s legal name as shown on the Act of Adoption.

2. Two standard identification photographs. The face of the child on the photo should measure approximately one inch from the chin to the top of the hair. The Immigrant Visa Unit accepts passport photographs that show a frontal image of the face, but it cannot accept images where the child’s face is turned.

3. A medical report by an approved panel physician, including vaccinations (unless the prospective parents of a child under age 10 intend to request a vaccination waiver). The panel physicians can only perform the required medical examination after the adopted child possesses a valid Haitian passport.

4. Form DS-230, the biographical data sheet for the child, completed by the adoption agent/ facilitator OR the adopting parent in the name of the adopted child.

5. For IR -3 cases: The Affidavit of Support (Form I-864W) executed by the petitioner.

6. For IR-4 cases: The Affidavit of Support (Form I-864), 1040s and W-2s for the most recent year, along with evidence of current employment, such as a letter of employment or pay stubs executed by the petitioner. Adoptive parents who file joint tax returns must also complete form I-864A, which must be signed by both parents.

7. The child’s birth certificate (”acte de naissance”) and, if available, extract of birth (”extrait de naissance“) from the National Archives.

8. The “Extrait des Minutes de Greffes” of the Justice of the Peace with jurisdiction over the child’s place of domicile.

9. The Authorization of Adoption from IBESR, indicating that the adoption conforms to the laws of Haiti.

10. The Act of Adoption by the Civil Court with jurisdiction over the domicile of the child.

11. Extract of death (”extrait de decès“) of the deceased biological parent(s) from the National Archives, if applicable. Other documentation of the death of a biological parent might include the burial permit, receipts for the funeral, etc.

12. Unconditional relinquishment of parental rights from any surviving biological parents from the Department of Justice and of Public Safety.

13. If the adoptive parents have an approved I-600A application they may file the Form I-600 with the USCIS Office in Port-au-Prince.

14. Sufficient funds to satisfy all applicable fees. The U.S. Embassy cashier accepts credit cards, but they have experienced occasional difficulties with credit card processing.

Note: Fraudulent documents are easily and cheaply available in Haiti and often can be obtained with much less effort than genuine documents. These documents may include birth certificates, death certificates, relinquishment documents purportedly issued by civil courts and even adoption authorizations. Documents are routinely submitted to the issuing authorities for verification. The submission of fraudulent documents in conjunction with an application for an immigrant visa for an adoptive child will result in the I-600 petition being returned to the USCIS office that approved the petition with a memorandum requesting reconsideration and possible revocation. Submission of additional documents in an attempt to “correct” the fraudulent documents does not offer relief of the fraud after the fact. Please insure that your chosen adoption agent, facilitator or orphanage director is aware of our policy in this regard.

For IR3 visas, adoptive parent(s) must show evidence that she/they have personally seen the child before the issuance of the final Adoption Act.

For IR4 visas, prospective adoptive parent(s) must provide a written, notarized statement attesting that she/they intend to re-adopt the child according to the laws of their U.S. state of residence. An additional statement must be provided from their state’s Bureau of Health and Family Services (or equivalent body) indicating that the prospective adoptive parents have satisfied all pre-adoption requirements (this usually is part of the home study).

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

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 at 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.

Credits: U.S Department of State - May 2008