INTERCOUNTRY ADOPTION


NICARAGUA



November 2006


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. 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.


PLEASE NOTE:  Nicaraguan law does not allow for a Nicaraguan child to travel to the United States to be adopted.  Therefore, prospective adoptive parents must obtain a full and final adoption under Nicaraguan law before the child can immigrate to the United States.  The Nicaraguan Ministry of the Family will want to see that the U.S. Citizenship and Immigration Services (USCIS) division of the Department of Homeland Security has approved prospective adoptive parents to adopt a child and will ask for the Notice of Approval (Form I-171H) issued by USCIS.


PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Nicaragua’s orphans:

Fiscal Year       Number of Immigrant Visas Issued

FY 2006                                 43
FY 2005                                 23
FY 2004                                 11
FY 2003                                 11
FY 2002                                   6


ADOPTION AUTHORITY IN NICARAGUA:  The government office responsible for adoptions in Nicaragua is Mi Familia (Ministry of Family).  This office can be contacted at the following address:

De ENEL Central,
100 mts.
Al sur, Managua ,
Phone: (505) 278-1837/ (505) 278-5637, extensions 220 or 233.


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Both single and married people may adopt.  Officially, prospective adoptive parents must be between 25 and 40.  However, the Ministry of Family has been flexible on the age requirement on a case-by-case basis.


RESIDENCY REQUIREMENTS:  According to Nicaraguan law, prospective adoptive parents must either be Nicaraguan citizens or have a permanent residence in Nicaragua and plan to remain in Nicaragua until the child reaches 21 years of age.  In the cases of U.S. citizens with an approved I-600 or I-600A, however, this residency requirement is typically waived.


TIME FRAME:  The Nicaraguan adoption process takes anywhere from six months to a year and in some cases longer.


ADOPTION AGENCIES AND ATTORNEYS:  Prospective adoptive parents must work directly with the Ministry of Family until the final stage of the adoption.  Once the Ministry of Family authorizes the adoption, the prospective adoptive parents may hire a Nicaraguan attorney to complete the adoption procedures.  This may be advisable due to the complexity of the Nicaraguan legal system.  Lists of attorneys are available from the U.S. Embassy and can be accessed on line at: http://managua.usembassy.gov/wwwhcon13.html.

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.

Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web sitetravel.state.gov.


ADOPTION FEES IN NICARAGUA:  The Ministry of the Family does not charge fees for adoptions.  Typical charges will be legal fees and fees for obtaining notarized legal documents.  The legal fees generally range from $1,200 to $1,500.


ADOPTION PROCEDURES:  Prospective adoptive parents can expect a lengthy process to adopt a child in Nicaragua.  The Ministry of Family will go through a number of steps to ensure that the child has been abandoned and that no biological family members are willing to take in the child.

The Ministry of Family will verify that the prospective adoptive parent(s) has/have been approved by USCIS to adopt a child from abroad and that they have translated and notarized copies of the home study conducted in the United States.  Once the adoptive parents have been approved by the Ministry of the Family they are placed on a waiting list until a child is identified.  Even if the child has already been identified by the adoptive parents, the parents must still wait on the waiting list for further processing by the Ministry of the Family.  

Once all the data is evaluated and necessary investigations performed, the case is presented to the Ministry of Family's adoption advisory council for a final decision on the adoption.  Either the adoptive parents or the adoptive parents' lawyer should be present for these proceedings.

If the adoption is approved, the decision is then sent to a judge to formally order the decision.  The judge has the authority to deny a case when there is a concern for the child's welfare.  These are exceptionally rare cases, with only one case denied in the last ten years. 

When the final adoption decree is issued by the Nicaraguan court, the parents are able to attain a birth certificate (at least two original copies is recommended) from the Central Registry of Managua for a cost of 100 Cordobas ($6).  As soon as the birth certificate has been issued, a passport could be attained from Nicaraguan Immigration for 350 Cordobas ($20) with an expected eight day turn around.  Expedited same day passports service is available for 300 extra Cordobas ($18).  The parents will also need to attain a “legal authority” from Nicaraguan Immigration [cost of 350 Cordobas ($20)] in order leave the country with the child.


DOCUMENTS REQUIRED FOR ADOPTION IN NICARAGUA:  The following is a list of documents typically requested by the Ministry of Family when it is evaluating an adoption request from a prospective adoptive parent.  All documents should be translated into Spanish and then authenticated by the nearest Nicaraguan Consulate:

  • Original authenticated notice of approval (I-171H) issued by USCIS;
  • Home study (I-600A fulfills this requirement);
  • Psychological evaluation by a U.S.-based adoption agency;
  • Birth certificate of adoptive parent(s);
  • Marriage certificate of adoptive parents (if applicable);
  • Letter of employment for the adoptive parents;
  • Unites States police record (FBI fingerprints fulfill this requirement)
  • Medical examination for adoptive parents(s);
  • Two 2" x 2" color photographs of the parent(s) with a white background;
  • Letter from a U.S.-based adoption agency indicating that it will follow-up with the case in the United States once the adoption has been completed in Nicaragua.  The Nicaraguan Ministry of the Family requires a U.S. based adoption agency to conduct at least two family visits for the first year after the adoption that report on the welfare of the child. These reports need to be sent directly to the Ministry of the Family (Consejo de Adopción).


Note: The above is not necessarily a complete list of everything that may be requested. The Ministry of Family will advise prospective adoptive parents if anything else will be required.


AUTHENTICATING U.S. DOCUMENTS TO BE USED 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.travel.state.gov/law/info/judicial/judicial_701.html.


EMBASSY OF NICARAGUA AND CONSULATE IN THE US:

Embassy of Nicaragua
1627 New Hampshire Avenue, NW
Washington , D.C. 20009
Tel; (202) 939-6531/32        
Consular Section: (202) 939-6541, Fax: (202) 939-6574
Hours of Operation:  9:00am - 1:00pm, Monday through Friday

Nicaragua also has consulates in Houston, Los Angeles, Miami, New York, and San Francisco.  For more specific contact information, please refer to the Nicaraguan Foreign Ministry's web site at: www.cancilleria.gob.ni.


U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive 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 Adoptions can be found on the Bureau of Consular Affairs web site, travel.state.gov, under “intercountry 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 NICARAGUA: 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 Managua
Km 4 1/2 Carretera Sur
P.O. Box #: 327
Phone: 011-(505)-268-0123, ext 4519/4767/4320
Fax: 011 - (505) - 266-9943


APPLYING FOR A VISA AT THE U.S. EMBASSY IN NICARAGUA:  Once the adoptive parents have identified a specific child and completed the Nicaraguan  adoption procedures, they should file the “Petition to Classify Orphan as an Immediate Relative” (Form I-600) with the USCIS office having jurisdiction over their place of residence.  Adoptive parents who have an approved I-600A, however, may file the I-600 at the U.S. Consular Section in Managua.  This option represents the quickest, most efficient way to file the petition and apply for the child’s immigrant visa. When prospective adoptive parents travel to Nicaragua to file the I-600 and/or the immigrant visa application they should contact the Consular Section in Managua to make an appointment. 

If the Consular Section approves the I-600, the last step is to process the immigrant visa. When filing for the visa, the following documents are required:

  • I-600 approval notice;
  • Decree of Abandonment by the Ministry of Family;
  • Final Nicaraguan adoption decree;
  • Child's valid Nicaraguan passport issued with adoptive parents' surnames;
  • Medical examination (Certified physician information is provided in the applicant's appointment letter).
  • Three 2"x 2" color photographs with a white background. Photos should be a frontal picture of the child's face;
  • UNSIGNED Form DS-230 completed with information regarding the child (not the parents);
  • Copies of last federal tax return as filed with the Internal Revenue Service, including, if applicable,1040 A, W-2 forms, 1099 forms, and all IRS Schedules. The U.S. Embassy requires adopting parents to provide a signed (not notarized) Affidavit of Support (I -864 EZ) proof of current employment;
  • Filing fee for the immigrant visa application;
  • The U.S. passport(s) of the adoptive parent(s).


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 about adoption in Nicaragua may be addressed to the U.S. Embassy in Managua. 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, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other 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 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: 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/.