INTERCOUNTRY ADOPTION


PORTUGAL

May 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. 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.

PLEASE NOTE:  Intercountry adoptions are permitted between Portugal and the United States.  However, according to Portuguese adoption law only children who have no possibility of being adopted by applicants in Portugal are available for intercountry adoption. As a result, the youngest children available for intercountry adoption often have medical issues or are older, i.e., from 10 to 14 years of age.

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

Fiscal Year              Number of Immigrant Visas Issued
FY 2005                                             0
FY 2004                                             4
FY 2003                                             2
FY 2002                                             3
FY 2001                                             1

ADOPTION AUTHORITY IN PORTUGAL:  The central authority (CA) for intercountry adoption in Portugal is the General Directorate of Welfare and Social Services, Families and Children (Direcção-Geral da Segurança Social, da Família e da Criança) in the Ministry of Labor and Social Solidarity. 

Direcção-Geral da Segurança Social, da Família e da Criança
Av. da República, 67
1069-033 Lisboa – Portugal
Tel.: 00 351 217 920 100; Fax: 00 351 217 934 739;
e-mail: dgssfc@seg-social.pt
Contact: Dra. Graça Ribeiro

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:
  •  Persons who have been married or living in a common-law relationship for more than 4 years and who are both over age 25;
  •  Single persons over age 30;
  •  Persons under age 60, provided that the age difference between the child and the adopter does not exceed 50 years.
RESIDENCY REQUIREMENTS:  A U.S. citizen residing outside of Portugal who wishes to obtain the Portuguese Court's authorization to transfer a Portuguese orphan to the U.S. for the purposes of adoption in the U.S. does not need to establish residency in Portugal.  However, a U.S. citizen who wishes to fully complete the adoption of a child in Portugal must be a legal resident of Portugal.

TIME FRAME:  The amount of time needed to complete a process in Portugal varies considerably from case to case.  According to Portuguese authorities, the average amount of time to complete an intercountry adoption is three months.  The intercountry adoption process involves the Portuguese judicial system, in coordination with the Portuguese Central Authority (see above) as well as the Ministry's local Welfare and Social Services office (Centro Distrital da Segurança Social).

ADOPTION AGENCIES:  To date, No U.S. private adoption agency has applied accreditation by the Government of Portugal to transmit intercountry adoption cases directly to the Portuguese Central Authority.  However, the Portuguese CA has advised the U.S. Embassy in Lisbon that private adoption agencies licensed in the U.S. may initiate intercountry adoption requests and submit them to the Portuguese CA if they do so through a competent U.S. State authority, i.e., a state-level government agency that has oversight over adoption issues.  

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they may 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 U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES IN PORTUGAL: The adoption process is free of charge in Portugal. There are no fees for court services.

ADOPTION ELIGIBILITY IN PORTUGAL:   Portuguese children may become eligible for adoption in Portugal or in a receiving State under the following circumstances:
 
  • if the minor is a child of unknown or deceased parents;
  • if there has been previous consent to the adoption, i.e., the biological parents have given their authorization  before a Portuguese court; 
  • if the parents have abandoned the minor;
  • if the parents, by action or omission, have put in danger the minor's safety, health, moral formation or education,  in ways which, by their gravity, seriously compromise the proper bonds of affection and affiliation;
  •  if the parents of a minor sheltered in a private home or in an institution have revealed a manifest lack of interest  in the child, seriously compromising the proper bonds of affection and affiliation, at a minimum, during the three- month period prior to the submission of a petition to the court requesting  the  entrustment of the child for future  adoption.
ADOPTION OF CHILDREN RESIDENT IN PORTUGAL BY PERSONS RESIDENT IN THE UNITED STATES.:

 To apply to become an adoptive parent, the following steps must be taken:

1. A home study must be performed in the United States by a competent adoption organization.

2. The home study and other relevant documents (See section below entitled "Documents required for intercountry  adoption”) must be submitted by the adoption organization to the competent State agency in the U.S. state in which  the adoption of the child will be completed, for that agency's approval. 

3. Once approved, the state agency forwards the adoption package to the Portuguese CA.

4. Upon the Portuguese CA's finding that the case meets the legal requirements of the state of origin and the receiving  state, the CA will submit a report to the Portuguese court, recommending that the child be placed with the  prospective adoptive parents and released for intercountry adoption.  The CA will also request that legal  guardianship be transferred from the foster care home where the minor resides to the prospective adopting parents.   The Portuguese Welfare and Social Services office will also be notified of the steps that are being taken regarding  the minor.  

5. Prospective adoptive parents will subsequently be notified by the court to appear for a hearing before the Family  Court Judge.  They must appear in person.  Attorneys may not represent prospective adopting parents in Court.

6. Upon the successful conclusion of the judicial proceedings, the Court issues legal guardianship, awards legal custody  of the child to the prospective adoptive parents and releases the child for intercountry adoption.  The court must  also authorize the travel of the minor with the adopting parents to be adopted abroad.

DOCUMENTS REQUIRED FOR INTERCOUNTRY ADOPTION:


  • Home study report (social and psychological evaluation);
  • Certificate of eligibility and suitability to adopt in Portugal;
  • Criminal record;
  • Health certificate;
  • Residence certificate;
  • Marriage certificate, or, if applicable, statement proving that the couple live as common-law husband/wife;
  • Birth certificate(s) of prospective adoptive parents;
  • Income certificate;
  • Identity card or passport.
  • The prospective adoptive parents' consent to have the competent authorities in the Receiving State supervise the integration of the child with the family during the pre-adoption period and producing progress reports on the  situation each six months until the full adoption is ordered;
  • Agreement by the prospective adoptive parents to forward to the Portuguese Central Authority an abstract of the U.S.  Court’s full adoption decree dully certified with the seal of the Apostille Convention .

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

PORTUGUESE EMBASSY AND CONSULATES IN THE UNITED STATES:

Embassy of Portugal
2012 Massachusetts Avenue, NW
Washington, DC 20036
Tel. 202-350-5400
Fax 202-462-3726

Portugal also has consulates general in Boston, Newark, New York, and San Francisco.  There are also consulates in Providence, Rhode Island and New Bedford, Massachusetts.
      
U.S. IMMIGRATION REQUIREMENTS
 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 PORTUGAL: 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: Avenida das Forças Armadas
1600-081 LISBOA
Apartado 43033
1601-301 LISBOA
Tel: 351-21-727-3300
Fax: 351-21-726-9109
E-mail: conslisbon@state.gov 

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

NOTE:  Please refer to the State Department's www.travel.state.gov/family/adoption" web page for information regarding U.S. immigrant visa application procedures for children adopted abroad. 
As explained in the website, parents who are considering adopting overseas should first commence and complete advance processing in the U.S.

Upon completion of the steps listed under the previous heading "Adoption of children resident in Portugal by persons resident in the U.S.", prospective adoptive parent(s) who reside in the U.S. can apply for an IR-4 immigrant visa for the child at the U.S. Embassy in Lisbon.  Similarly, U.S. citizens who reside in Portugal and have completed the full adoption process of a child in Portugal may then apply at the Embassy for an IR-3 Immigrant visa.  In either case, the consular section will conduct the final visa interview as soon as all required documents have been provided and the file is complete.  Please contact the Embassy at the telephone and fax numbers or the e-mail address above.

The documentation typically required includes:

. Approved I-600A (Application for Advance Processing of Orphan Petition)
. Approved I-600 (Petition to Classify Orphan as an Immediate Relative);
. The relevant Portuguese Court Decree;
. Child’s birth certificate;
. Child’s passport (from the country of the child’s nationality);
. Completed and signed medical report;
. Photographs of the child;
. Visa application (forms OF-230);

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 Portugal may be addressed to the U.S. Embassy in Lisbon. 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 flier. 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/.