INTERCOUNTRY ADOPTION


PARAGUAY



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 our website 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:

Paraguay 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) 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: Presently, intercountry adoptions are not allowed in Paraguay .  Paraguayan law gives preference in adoption to Paraguayan citizens and legal permanent residents of Paraguay, and prospective adoptive parents must reside in Paraguay .  Paraguayan government officials have told the U.S. Embassy in Paraguay that should intercountry adoptions be permitted in the future, the government will only allow adoptions by citizens of countries that have ratified the Hague Convention on Intercountry Adoption (the Convention) and signed an agreement with the central governmental authority overseeing adoptions.  


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

0

FY 2006

0

FY 2005

0

FY 2004

0

FY 2003

1


ADPOPTION AUTHORITY IN PARAGUAY : The Parguayan adoption authority is the Centro de Adopciones ( Adoption Center ), which is under the authority of the National Secretariat of Childhood and Adolescence.  Inquiries should be made in Spanish.

Address:  Avenida Mariscal Lopez 1549 c/Pitiantuta, Asunción.
Phone: 595-21-207-160
Hours: Monday through Friday from 7 a.m. to 1 p.m.


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  The Paraguayan government restricts adoptions to couples who have been married for at least three years, male/female couples who have lived together for more than four years, or single women.  Married couples are given preference, and single men cannot adopt.  Adoptive parents must be between the ages of 25 and 50.  Persons with infectious contagious diseases or mental illnesses are not eligible to adopt.


RESIDENCY REQUIREMENTS:  The government of Paraguay requires that adoptive parents must be Paraguayan citizens or legal permanent residents of Paraguay and must reside in Paraguay .  There is no period of residency requirement; however, proof of residency in the form of a permanent resident card or local identification card is required.


TIME FRAME: Total time to complete an adoption in Paraguay ranges from nine months to two years from the time the child is declared eligible for adoption to completion of the process.  The child may be placed in the custody of the prospective adoptive parents pending the completion of the adoption. 


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 Paraguay 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 .


ADPOPTION FEES IN  PARAGUAY : The U.S. Embassy in Paraguay 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 Paraguay at risk.

The Adoption Center does not charge a fee.  Attorneys assisting adopting parents set their own fees, which vary greatly.


ADOPTION PROCEDURES: No intercountry adoptions are permitted in Paraguay at this time.  However, persons who meet the eligibility requirements listed above and who are interested in adopting a Paraguayan child must file an application form at the Adoption Center and provide the required documentation.  After a review of their application and completion of a home study, the names of individuals approved to adopt are placed on a list of available parents. 

When a child is abandoned or becomes an orphan, the Adoption Center is notified and must first attempt to find a relative to care for the child.  If no relative can be found, the child remains under the authority of the Adoption Center until a judicial declaration is made that the child is adoptable.  At that time, the court will usually release the child into the custody of the prospective adoptive parents until the final adoption decree is signed.  A child is assigned to prospective parents based on the Adoption Center 's judgment of the best interests of the child. 


DOCUMENTS REQUIRED FOR ADOPTION IN PARAGUAY :

  1. Prospective adoptive parent’s proof of Paraguayan citizenship or legal permanent residence in Paraguay
  2. A copy of prospective adoptive parents’ marriage certificate (if applicable)
  3. Evidence of good conduct
  4. A home study carried out by an official from the Adoption Center regarding the health, socio-economic and psychological condition of the adoptive parent(s).


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.


PARAGUAY EMBASSY AND CONSULATE IN THE  US :

Embassy of Paraguay
 2400 Massachusetts Avenue NW
Washington, DC 20008
Phone: (202) 483 6960
Fax: (202) 234 4508
Email : secretaria@embaparusa.gov.py
Website: www.embaparusa.gov.py

Paraguay also has Consulates General in Los Angeles, Miami, and New York .


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.


U.S. EMBASSY IN PARAGUAY: 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 Consulate Section is located at:
1776 Mariscal Lopez Avenue ;
Telephone (011-595-21) 213-715
Fax (011-595-21) 213-728;
Internet: http://asuncion.usembassy.gov

The Consular Section is open for U.S. citizen services, including registration, Monday through Thursday from 1:00 p.m. to 5:00 p.m. and Friday from 7:30 a.m. to 11:00 a.m., except for U.S. and Paraguayan holidays.


APPLYING FOR A VISA AT THE U.S. EMBASSY IN PARAGUAY :  US citizens who adopted a Paraguayan child who was under the age of sixteen and has been in the legal custody of, and has resided with, the adopting parent(s) for at least two years, may file immigrant visa at the U.S. Embassy in Asuncion .

For additional information, e-mail questions to ParaguayConsular@state.gov

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.
  • USCIS web site