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INTERCOUNTRY ADOPTION

CHILE

April 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.

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 NOTE: Chilean adoption law gives priority to Chilean families over non-Chilean families. Most Chilean children available for intercountry adoption are at least four years old. Not all children eligible for adoption in Chile meet U.S. immigration requirements to receive an orphan visa, so it is important that adopting families consult with the U.S. Embassy in Santiago before beginning any adoption procedures to ensure that the adoption complies with U.S. law. Under Chilean law, children to be adopted may not leave the country until the adoption is complete.

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

Fiscal Year	Number of Immigrant Visas Issued
FY 2005	5
FY 2004	4
FY 2003	9
FY 2002	16
FY 2001	3

ADOPTION AUTHORITY IN CHILE: SENAME (Servicio Nacional de Menores) is the clearinghouse for adoptions and approves parents who wish to adopt. Prospective adopting families must contact SENAME first before beginning any adoption proceedings. SENAME can be reached at:

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Only married couples between the ages of 25 and 60 can adopt in Chile. The adoptive parents must both be at least 20 years older than the child being adopted.

RESIDENCY REQUIREMENTS: There are no residency requirements to adopt in Chile.

TIME FRAME: I ntercountryadoptions from Chile normally take about two (2) years from start to finish. This time is measured from the time the prospective adoptive parents contact SENAME expressing their intention to adopt until the time the adoption is completed. Reasons for this prolonged length of time vary from availability of children to length of time to obtain hearings.

ADOPTION AGENCIES AND ATTORNEYS: Chilean adoption law provides for SENAME to oversee the adoption process from the request to terminate parental rights to the issuance of the final adoption decree. Only SENAME and the following agencies accredited by the government of Chile are able to process petitions for intercountry adoptions:

• Fundación Chilena de la Adopción (Telephone: 665-2139; 665-2150)
• Fundación San José para la Adopción Familiar Cristiana (Telephone: 399-9600)
• Instituto Chileano de Colonias y Campamentos y Hogares de Menores (Telephone: 72-541-271)

An attorney cannot process an adoption petition and can only provide legal advice. The U.S. Embassy can provide a list of Chilean attorneys, although it cannot recommend a specific attorney.

Please see Important Notice Regarding Adoption Agents and Facilitators at our Web site travel.state.gov.

ADOPTION FEES IN COUNTRY: Fees vary, but prospective adoptive parents should expect to spend no more than $3000. Prospective adoptive parents should report exorbitant fees to the U.S. Embassy or SENAME.

ADOPTION PROCEDURES: Families interested in adopting in Chile must apply and be approved by SENAME, which keeps the national registry of children eligible for adoption. The first stage of the application process is to send SENAME, at the address above, a letter or email that includes both prospective adoptive parents’ names, dates of birth, contact information and any preferences, including the reasons for these preferences, for a child or children.

• The children on the national registry have been declared eligible for adoption (susceptible de ser adoptado) by a judge and all parental rights have been terminated. SENAME matches available children with prospective adoptive parents. Blood relatives are always given priority, followed by unrelated Chilean families, then non-Chilean families. Prospective adoptive parents do have the right to decline a specific match, which they would do by simply notifying SENAME. Prospective adoptive parents should consider carefully declining a specific match as they will be required to begin the process again and will have to explain, in detail, the reason for their declination.

After a child is successfully matched with a family, there is a wait to obtain a hearing with a judge. The normal wait time is between 6 to 12 months. At the hearing, the judge may determine that the prospective adoptive parents need to provide further documentation, but all of the stated required documents would have already been submitted and in the adoption file (see below “Documents for Adoption in Country”). Either SENAME or one of the approved adoption agencies must be present at the hearing, along with both prospective parents. The child is not normally present for the adoption hearing.

Note: It is extremely hard to obtain a duplicate certified copy of the adoption decree – it is highly recommended that parents ask for an extra certified copy while present at the hearing.

Once the adoption is approved, the judge will inform the civil registry and provide the information for a new birth certificate, with the adoptive parents' names. This part of the process can take between 15-30 working days. The new birth document is used to obtain a Chilean identification card (also known as a R.U.T. number), which is required to obtain a Chilean passport. This part of the process can take between 15-30 working days as well. Typically adoptive parents will remain in Chile for one to two months to complete the adoption process.

DOCUMENTS REQUIRED FOR ADOPTION IN COUNTRY: The following documents are required by SENAME after the initial letter or email from the prospective adoptive parents is received. They will not accept these documents with the initial letter or email. Prospective parents will receive a letter from SENAME acknowledging receipt and asking for the following documents below. Once the package of documents is received, SENAME will begin the process of matching a child;

• Birth certificates and marriage certificate of the prospective adoptive parents;
• Certificate issued by a Chilean Consul in the U.S. that states that the parents have met all U.S. adoption requirements;
• Favorable home study conducted by an accredited agency in the U.S.;
• Physical and psychological exams demonstrating the well-being of the parents;
• Proof of parents’ financial situation, i.e., ability to successfully support the child;
• Recent photographs of each of the prospective adoptive parent(s);
• Three notarized letters of recommendation from U.S. community, religious or other governmental authorities;
• Since all Immigrant Visas issued in Chile will be IR-3 visas, the U.S. Embassy will issue a certificate stating that the child is eligible for U.S. citizenship automatically after he/she legally enters the U.S. with an immigrant visa. In order to obtain this certificate, adopting parents and/or their agent must come to the Embassy Monday, Wednesday or Friday morning between 8:30-11:00am.

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.state.gov/m/a/auth/.

CHILEAN EMBASSY AND CONSULATE IN THE US:

Embassy of Chile

1732 Massachusetts Avenue, N.W.
Washington, DC 20036
Tel: (202) 785-1746
Fax: (202) 887-5579
http://www.chile-usa.org

Chile also has consulates in Chicago, Houston, Los Angeles, Miami, New York, Philadelphia, San Francisco, and San Juan.

Prospective adoptive 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 CHILE: 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:

Consular Section - Immigrant Visas
Avenida Andrés Bello 2800
Santiago, Chile
Tel: (56)(2) 335-6550
Fax: (56)(2) 330-3005
Web site: http://www.usembassy.cl
Email: SantiagoVisa@state.gov
Public Service Hours: Mondays and Thursdays, 8:30 a.m. to 11:30 a.m.
I-600 Petition filing: Monday through Friday, by appointment

APPLYING FOR A VISA AT THE U.S. EMBASSY IN COUNTRY: Prospectiveadoptive parents who are traveling to Chile to finalize an adoption should send an email to: santiagoimmigration@state.gov to inform the U.S. Embassy Santiago of their impending trip. Once the adoption is completed and the documents listed below are all ready, adoptive parents should appear at the U.S. Embassy on Monday, Wednesday or Friday between 8:30 a.m. and 11:00 a.m.

Note: adopted children need not come for this initial appearance. At this point, the documents will be reviewed and the U.S. Embassy will discuss with the parents any final details needed.

Then, the U.S. Embassy will set up the final interview date and give the letter needed for the child to go to obtain his/her medical exam. This interview date is typically within 3-5 working days from the initial appearance. The child will need to be present on the final interview date.

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.

Documents needed for Immigrant Visa;

• I-600 Petition (Petition to Classify Orphan as an Immediate Relative) if it has not been filed directly with the USCIS. As both parents must sign the I-600, if one parent is not present at the time of filing, it must be signed ahead of time (please see note below about Chilean immigration requirements if one parent plans to travel alone with an adopted child).
• Child’s Chilean passport.
• Four (4) passport photos (5 x 5 cm. with white background).
• Forms DS230 Part I and II (which can be found on www.travel.state.gov).
• Child's birth certificate legalized by the Ministry of Justice and Foreign Affairs and an English translation.
• Adoption decree legalized by the Ministry of Justice and Foreign Affairs and an English translation.
• Suceptibilidad de adopción (document that proves the child’s eligibility for adoption) legalized by the Ministry of Justice and Foreign Affairs and an English translation.

At the FINAL interview, the Medical examination and any other documents not submitted previously will be required.

Chilean Immigration upon Departure - Immigration departing from Chile is quite different than other countries. Adoptive parents must be aware of special procedures required if both adoptive parents will not be present at the immigration counter at the airport. For example, if one parent departs before another, the child is traveling alone, or parents take separate flights. The parent traveling with the child must have a notarized authorization from the other parent to take the child out of Chile – this notarized authorization must be done at an approved Chilean notary. There are many notaries throughout Chile, if assistance is required locating one, please send an email to: santiagoimmigration@state.gov. For further information on Chilean requirements on taking children out of Chile, please visit www.investigaciones.cl.

ACQUIRING U.S. CITIZENSHIP : Specific information regarding the acquisition of citizenship for adopted children can be found at the following link: http://travel.state.gov/family/adoption/info/info_457.html

ADDITIONAL INFORMATION: Specific questions about adoption in Chile may be addressed to the U.S. Embassy in Santiago. General questions regarding international 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/.

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