INTERCOUNTRY ADOPTION


SRI LANKA


March 2007


Disclaimer: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

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.


IMPORTANT NOTES:  The Commissioner of Probation and Child Care Services in Colombo, Sri Lanka’s capital, has advised the U.S. Embassy that foreign nationals residing in Sri Lanka are not permitted to adopt Sri Lankan children.  In addition, foreign citizens may not adopt children under three months old.  U.S. citizens interested in adopting from Sri Lanka are strongly encouraged to contact U.S. consular officials in Sri Lanka before formalizing an adoption agreement to ensure that appropriate procedures have been followed that will make it possible for the Embassy to issue a U.S. immigrant visa for the child.


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

Fiscal Year       Number of Immigrant Visas Issued

FY 2006                                     9
FY 2005                                     2
FY 2004                                    13
FY 2003                                     5
FY 2002                                     4


SRI LANKAN ADOPTION AUTHORITY: The government office responsible for adoptions in Sri Lanka is:

Department of Probation and Child Care Services,
LHP Building, 2nd floor
150/8 Nawala Rd.,
Nugegoda, Sri Lanka.
Telephone No. 94-11-285-3575 or 94-11-2853553
Fax No. 94-11-2852393
Website: usembassy.colombo.gov; email address: consularcolombo@state.gov

The Department's hours of operation are from 8.30 a.m. to 4.15 p.m.

Every application for adoption must be in conformity with the provisions of the Adoption of Children's Ordinance (Chapter 61), as amended.  The Sri Lankan Department of Probation and Child Care Services may, as needed, amend the adoption procedures.


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Under Sri Lankan law, adoption by single persons is not permitted.  An application for adoption must be made jointly by a husband and wife.  Each of the applicants must be over the age of 25 years and not less than 21 years older than the child for whom the application is made. Both husband and wife must be present during the court proceedings unless the court waives personal appearances on the grounds of ill health (supported by a medical practitioner recognized by the U.S. Government). In such cases, a power of attorney will also be necessary.


RESIDENCY REQUIREMENTS: As was noted earlier in this flyer, the Commissioner of Probation and Child Care Services has advised the U.S. Embassy in Colombo that foreign nationals residing in Sri Lanka are not permitted to adopt Sri Lankan children. 


TIME FRAME:  The process for adopting a child from Sri Lanka is lengthy.  Under Sri Lankan procedures, an application from foreign prospective adoptive parents to adopt a Sri Lankan child must be registered with the Sri Lankan government for at least one year before a child may be matched with that family.  This is even before the actual court process or any required travel by the prospective parents to Sri Lanka.  Prospective adoptive parents should be prepared to stay for a period of about four weeks for the court procedures to be finalized.  Once the child has received a U.S. immigrant visa, the family should be able to depart the country the following day.


FEES:  Prospective adoptive parents should abstain from making any payment or giving any reward to any person in consideration of the adoption except such as the Court may sanction. Legal action would be taken against those who commit this offense.  The fee a lawyer would charge for an adoption case is approximately about $500 and the court fees will be only $1 (Rs. 100/-).  The lawyers’ fees could vary from lawyer to lawyer and the court does not have any control over this.


ADOPTION AGENCIES AND ATTORNEYS:  Foreign prospective adoptive parents are not allowed, on their own, to locate children for adoption.  Only the Sri Lankan State Receiving Homes and Voluntary Children's Homes that have been registered with the Department of Probation and Child Care Services for over five years may perform this function.  These Homes (also referred to in this flyer as Sri Lankan adoption agencies) must also have specific authorization of the Commissioner of Probation.

American prospective adoptive families may nonetheless choose to work with a U.S. facilitator to assist them with the overall adoption process.  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 office of the appropriate state government agency in the U.S. state where the agency is located or licensed.

Also, please see Important Notice Regarding Adoption Agents and Facilitators at the U.S. Department of State, Bureau of Consular Affairs web site at travel.state.gov.


SRI LANKAN ADOPTION PROCEDURES:  The District Court of Colombo and the District Court of Colombo South are empowered to make orders of adoption of Sri Lankan children by persons not resident and domiciled in Sri Lanka.  Foreigners who do not reside in Sri Lanka should note and follow the procedures below in order to pursue the adoption of a Sri Lankan child.

  1. Have a home study conducted in the United States.  This must be done by a recognized U.S. institution, and must include information on the mental health of the applicant parents; their social, religious and financial background; and their suitability to adopt a child.  Prospective adoptive parents will have to submit two copies of the home study report together with their formal adoption application (see # 3 below).
  2. Collect other required documents.  Two certified copies each of the prospective parents’ birth and marriage certificates, medical certificate and employment records.  Police reports indicating any criminal history.  Passport-sized photographs.  All documents must be submitted in duplicate.
  3. Send in the application.  The formal application and supporting documents must be submitted to the Sri Lankan Embassy in Washington or Sri Lankan Consulate in New York (addresses found later in this flyer).  These offices verify that all required documentation is included and authenticate the supporting documents. 

    The application should be in the form of a letter, in duplicate, addressed to the Commissioner of Probation and Child Care Services.  The letter should request a child for adoption and include any preferences regarding the child’s age, sex or medical condition.  Attach passport-sized photographs of both prospective adoptive parents to the letter.  Every page of the formal application must be authenticated by the Sri Lankan Embassy and bear its official stamp.

    If the packet is found to be complete, the Embassy or Consulate then transmits it to the Department of Probation and Child Care Services in Sri Lanka. Contact the Sri Lankan Embassy first to verify procedures for the application and for authenticating all the supporting documents.

    Once a case is transferred from the Sri Lankan Embassy to the Dept. of Probation and Child Care Services it has to be registered with the Department for at least one year for a child to be allocated by the Commissioner.  [See note in “Time Frame” section, above.]
  4. File I-600A Petition with U.S. Immigration.  Once prospective adoptive parents have filed their application with the Sri Lankan Embassy or Consulate and the application has been transmitted to Sri Lanka, they should begin the U.S. paperwork to be approved to adopt internationally (if they have not done so already).  See “U.S. Immigration Requirements,” below, for further details on this process.
  5. Wait for the “Letter of Allocation” from the Sri Lankan Adoption Agency.  If the Commissioner of Probation and Child Care Services finds the home study report and other supporting documents to be satisfactory, and if a suitable child is available for adoption, the Commissioner wills end a letter to the Sri Lankan adoption agency, which will in turn advise the prospective adoptive parents.
  6. Make Arrangements to Travel.  Upon receipt of this notification of Sri Lankan government approval, the prospective parents should make arrangements to travel to Sri Lanka, planning to stay from four to six weeks for the court proceedings.  Immediately upon arrival in Sri Lanka, prospective adoptive parents should contact the U.S. Embassy in Colombo to ensure that everything is in order for the processing of an immigrant visa and to obtain additional information on adoption procedures.
  7. Contact the Social Worker.  The Commissioner of Probation & Child Care Services will have assigned a social worker to the case.  Prospective parents need to schedule an interview with that person.  This will occur at the Department of Probation and Child Care Services; parents must have their passports and Letter of Allocation with them at this time.
  8. Visit the Child.  After the interview, the prospective parents will be issued a letter from the Commissioner authorizing them to see the child at the specified children's home.  However, the applicants will not be allowed to take the child out of the custody of the person in charge without the Commissioner’s approval. Authority can be given to the applicants for the purpose of the medical examination of the child that is required for the U.S. immigrant visa process.
  9. Participate in Court Proceedings.  Prospective adoptive parents must engage a Sri Lankan attorney for the legal proceedings.  The U.S. Embassy in Colombo has a list of Sri Lankan attorneys who have indicated a willingness to assist U.S. citizens in Sri Lankan legal cases.  This list may be found at:  http:\\colombo.usembassy.gov.

    The attorney will petition for the adoption.  The Court then requests a report from the Commissioner on the social and psychological aspects of the adoption.  The Commissioner has from 14 to 28 days to submit the report.  The home study report must be included.  If all is in accordance with the applicable laws and regulations, the court issues an order of adoption.
  10. Obtain the Certificate of Adoption.  After the court's adoption order is made, copies may be obtained by making an application to the court. The adoption is considered complete after registration and a copy of the Certificate of Adoption has been obtained from the Registrar-General, located at R.A. de Mel Mawatha, Colombo 3, Sri Lanka.  The court will issue an Adoption Order which has to be registered with the Registrar General’s Office located at Indika Bldg, Main Street, Colombo 11. This process may take 2-3 days. Thereafter the adoptive parents have to apply for the new birth certificate for the child with the adoptive parents name on it. This process may take about 3-4 months. The Embassy will require only the Adoption Order to process the visa for the child.
  11. Obtain a Sri Lankan Passport for the Adopted Child.  Once the adoptive parents have the Certificate of Adoption, they must return with it to the Commissioner and obtain a letter requesting issuance of a Sri Lankan passport. With the Certificate of Adoption, the letter from the Commissioner, and the original birth certificate of the child, apply for the Sri Lankan passport.  Applications for Sri Lankan passports should be made to the Department of Immigration and Emigration (Passport Section), 1st Floor, #41 Ananda Rajakaruna Mawatha, Colombo 10.  The child’s passport will be issued with the name that reads on the Adoption Order.  In many instances the child will be given a new name by the adoptive parents which will read on the Final Adoption Order.
  12. Apply for and Obtain a U.S. Immigrant Visa for the Child.  See the “U.S. Immigration Requirements” section below.  This visa is necessary in order for the child to depart Sri Lanka and enter the United States.  It is also required in order for the child to later obtain U.S. citizenship.
  13. Submit Post-Placement Reports.  The Department of Probation and Child Care Services requires that foreign adoptive parents of Sri Lankan children submit reports on how the child is doing after he or she has arrived in the United States.  A recognized adoption agency means an agency accepted by the USCIS office. The report has to be sent quarterly until the child’s adoption is legalized in the United States, half yearly for three years and yearly for ten years.

    The procedure to send the report is:  The adoption agency has to prepare the report (per the instructions given to the petitioner by the Child Care and Probation Service Dept.) and send it to the Sri Lankan Embassy for authentication and thereafter to be sent to the Court that originated the adoption with a copy to the Dept. of Child Care and Probation Service.


AUTHENTICATION OF DOCUMENTS FOR USE ABROAD:  The language describing the process of authenticating U.S. documents to be used abroad is currently under review.  Please click on the following link for more information until the new language is finalized: http://www.state.gov/m/a/auth/.


SRI LANKAN EMBASSY AND U.N. MISSION IN THE UNITED STATES:

Embassy of Sri Lanka
2148 Wyoming Ave. N.W.
Washington, D.C. 20008
Tel: 202-483-4026 to 28
Fax: 202-232-7181
Email address : slembassy@clark.net

Sri Lankan Permanent Mission to the United Nations
630 3rd Ave., 2nd Floor
New York, NY, 10017
Tel:  212-986-7040/1
Fax:  212-986-1838
Email address: slpmny@aol.com


U.S. IMMIGRATION REQUIRMENTS: Prospective adopting parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoption can be found on the Bureau of Consular Affairs Web site, travel.state.gov , under “International Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.


U.S. EMBASSY IN SRI LANKA:  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, https://travelregistration.state.gov/, 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
210, Galle Road
Colombo 03, Sri Lanka
Tel: 94-1-448007
Fax: 94-1-437345, 436943
Home page : http://www.usia.gov/posts/sri-lanka or www.travel.state.gov

Petitioners could contact the Embassy on 2498500 or call over any Monday through Thursday 1.00 – 4.00 p.m. for additional information.

NOTE:  Visa issuance after the final interview now generally takes 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.


ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.


ADDITIONAL INFORMATION: Specific questions regarding adoption in Sri Lanka may be addressed to the Consular Section of the U.S. Embassy in Colombo.  General questions regarding intercountry adoption may be addressed to the Office of Children's Issues, U.S. Department of State, CA/OCS/CI, SA-29, 2201 C Street, NW, Washington, DC 20520-4818, toll-free Tel: 1-888-407-4747 with specific questions.

Information is also available 24 hours a day from several sources:

Telephone:

  • Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard 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 by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
  • U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

  • Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
  • 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 Country Specific Information 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: http://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 by calling 1-202-501-4444.
  • USCIS web site - http://uscis.gov/.