INTERCOUNTRY ADOPTION


DOMINICAN REPUBLIC



April 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 the Children and Family pages on intercountry adoption 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:

The Dominican Republic is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) which 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, as 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, 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: The October 2004 entry into force of Dominican Law 136-03 changed many of the regulations and procedures regarding international adoption.  Please refer to the eligibility and residency requirements listed below for further information. 

The Dominican authorities will not allow a child to exit the country until the adoption is completed under Dominican law.  For this reason, U.S. Embassy Santo Domingo’s Immigrant Visa (IV) Unit does not process immigrant visas in the IR-4 (“Orphan to be adopted in the United States by a U.S. citizen”) category.  Depending on the circumstances of the adoption, the IV Unit issues adopted children visas in the IR-2 (“Child of a U.S. citizen”) or IR-3 (“Orphan adopted abroad by a U.S. citizen”) category. See the section below on U.S. immigration requirements for more information.  


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

                               26

FY 2006

20

FY 2005

21

FY 2004

18

FY 2003

19

 

DOMINICAN ADOPTION AUTHORITY: Consejo Nacional para la Niñez y la Adolescencia (CONANI), the Dominican child welfare agency, is the country’s adoption authority.  Contact information for CONANI:

Consejo Nacional para la Niñez y la Adolescencia (CONANI)

Av. Máximo Gómez esq. República de Paraguay # 154
Ensanche La Fe (Frente a la Bomba Esso)
Santo Domingo , República Dominicana
Phone: 809-567-2233 (Office of Adoptions, ext. 1157)
Web site: www.conani.gov.do
Name/e-mail address of Adoption Coordinator: Aly Pena, aly.pena@conani.gov.do


ELIGIBILITY REQUIREMENTS FOR PROSPECTIVE PARENTS: For intercountry adoption, Dominican law permits only heterosexual couples who have been married for five years or more to adopt a Dominican child.  The prospective adoptive parents must be between 30 and 60 years old and at least 15 years older than the child they wish to adopt.  Singles and unmarried couples are no longer permitted to adopt from the Dominican Republic .


RESIDENCY REQUIREMENTS:One prospective adoptive parent must meet specific residency requirements.  If the child is under 12, the parent must reside with the child in the Dominican Republic for 60 days; for children 12 and over, the parent must reside with the child for 30 days.

TIME FRAME: Many variables can influence the total time it takes to complete the international adoption of a Dominican child.  In general, however, if the adoptive parents work to fulfill both the U.S. and the Dominican requirements simultaneously, an adoption can be completed within nine to ten months after the application is made in the Dominican Republic .


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 Dominican Republic 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 for Prospective Adoptive Parent(s).  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 THE DOMINICAN REPUBLIC : The U.S. Embassy in the Dominican Republic 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 the Dominican Republic at risk.

Attorney fees for the adoption of a Dominican child range from US$5,000 – US$8,000.  All adoption-related expenses, including court costs and document fees, are included in this estimate.


ADOPTION PROCEDURES: Dominican adoption law is governed by the Dominican Code of Fundamental Protection and Rights for Children and Adolescents, Law 136-03, Articles 111-167. The adoption process is comprised of an administrative and judicial phase.  To begin the administrative phase, prospective adoptive parents should hire a Dominican attorney to initiate contact with CONANI and begin the process of locating a child who meets the definition of “orphan” under both Dominican and U.S. law.  Once the family receives and accepts the referral of a child, CONANI reviews the prospective adoptive family’s file of required documents (see below) and, if satisfied, issues a Certificate of Suitability.  The family is then allowed to present its formal, legal application to the Dominican Court of Minors, which subsequently issues a Final Order of Adoption.


DOCUMENTS REQUIRED FOR ADOPTION IN DOMINCAN REPUBLIC :

  1. Biopsychosocial study of the adoptive parents;
  2. Legalized adoption consent;
  3. Adoptive parents’ birth certificates;
  4. Adoptive parents’ marriage certificate;
  5. Declaration of the loss of authority of the biological parents or authorization for adoption;
  6. Certificate of Suitability, no more than six months old, issued by CONANI;
  7. Certificate issued by a civic, community, or religious entity/organization attesting to the physical, mental, social, and moral suitability of the adoptive parents;
  8. Certificate confirming that the adoptive parents have fulfilled the residency requirements, issued by CONANI;
  9. Certificate of completion of all criteria for the assignment of the child, issued by CONANI;
  10. Prospective adoptive parents’ police certificates issued by a competent authority;
  11. Prospective adoptive parents’ medical certificates;
  12. Power of attorney from the adoptive parents to their lawyer, legalized by the Dominican “Procuraduría General”;
  13. Copy of the identification documents or passports of the adoptive parents;
  14. Act of No Opposition in the case of the existence of older children;
  15. Certification issued by a competent authority that will provide follow-up on the minor’s adjustment;
  16. Authorization or visa from the country where the child will live.


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.


EMBASSY OF THE DOMINICAN REPUBLIC AND CONSULATE IN THE UNITED STATES:

Embassy of the Dominican Republic
1715 22nd Street NW
Washington, DC 20008
Phone: (202) 332-6280
Fax: (202) 265-8057

Consulate of the Dominican Republic
1501 New Broadway Ave. , Suite 410
New York, NY 10036
Phone: (212) 768-2480
Fax: (212) 768-2677


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  to download forms and filing instructions.


APPLYING FOR A VISA AT THE U.S. EMBASSY IN Dominican Republic:  Once all necessary paperwork has been processed by CONANI and USCIS in Santo Domingo, the IV Unit will assign the child and adoptive parents an interview date.  Please be sure you are prepared with all documents, a list of which can be found at http://www.usemb.gov.do/Consular/cita_residencia.htm

Note: Visa issuance after the final interview now generally takes at least 48 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.


U.S. EMBASSY IN THE DOMINICAN REPUBLIC : 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:

To send documents from the United States , you must use either the United States Postal Service or a private delivery service (e.g., FedEx, DHL or UPS). The mailing address if you use the United States Postal Service is:

IV Unit (Adoptions)
Unit 3470, Box 531
APO AA 34041-0531

The mailing address if you use a private delivery service is:

Embassy of the United States of America
César Nicolás Penson 85A esq. Leopoldo Navarro
Santo Domingo, Dominican Republic

To send documents from the Dominican Republic , you must use the Dominican postal system, INPOSDOM. If you use INPOSDOM, the mailing address is:

Embajada de los Estados Unidos de América
César Nicolás Penson 85A esq. Leopoldo Navarro
Apartado Postal 11302
Santo Domingo , República Dominicana
Phone: 809-271-2171


SANTO DOMINGO USCIS SUB OFFICE:
Contact information for the Santo Domingo USCIS Sub Office:

Mailing address from the United States :
USCIS, U.S. Department of Homeland Security
American Embassy – Santo Domingo
Unit 3470, Box 531
APO AA 34041-0531

Mailing address if writing from any country other than the United States or if using a delivery service:

American Embassy
Santo Domingo
Calle César Nicolás Penson
Calle Leopoldo Navarro
Unidad 5500
Dominican Republic
Phone: 809-221-2171 ext. 6608
Fax: 809-731-4350
E-mail: SDMCIS@oconus.uscis.dhs.gov


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