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Sri Lanka is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). Intercountry adoption processing in Convention countries is done in accordance with the requirements of the Convention; the U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA); and the IAA’s implementing regulations, as well as the implementing legislation and regulations of Sri Lanka.
The Commissioner of Probation and Child Care Services in Colombo, Sri Lanka’s capital, advised the U.S. Embassy in Sri Lanka that foreign citizens residing in Sri Lanka are not permitted to adopt Sri Lankan children. Foreign citizens who reside outside of Sri Lanka may only adopt Sri Lankan children who are three months to 14 years of age. U.S. citizens interested in adopting children from Sri Lanka are strongly encouraged to contact the U.S. Embassy in Colombo’s Consular Section by email at email@example.com before formalizing an adoption agreement, to ensure that appropriate procedures (outlined in this country information sheet) are followed, which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.
To bring an adopted child to the United States from Sri Lanka, you must meet certain suitability and eligibility requirements. USCIS determines who is suitable and eligible to adopt a child from another country and bring that child to live in the United States under U.S. immigration law.
Additionally, a child must meet the definition of a Convention adoptee under U.S. immigration law in order to be eligible to immigrate to the United States with an IH-3 or IH-4 immigrant visa.
In addition to the U.S. requirements, prospective adoptive parents must meet Sri Lanka’s requirements to adopt a child from Sri Lanka:
Because Sri Lanka is party to the Hague Adoption Convention, adoptions from Sri Lanka must meet the requirements of the Convention. For example, the adoption may take place only if the competent authorities of Sri Lanka have determined that placement of the child within Sri Lanka was given due consideration, and that an intercountry adoption is in the child’s best interests. In addition to Sri Lanka’s requirements, a child must meet the definition of Convention adoptee to be eligible for an immigrant visa that will allow you to bring him or her to the United States.
WARNING: Sri Lanka is party to the Hague Adoption Convention. Do not adopt or obtain legal custody of a child in Sri Lanka before a U.S. consular officer issues an “Article 5 Letter” in the case. Read on for more information.
Sri Lanka’s Adoption Authority
Department of Probation and Child Care Services
Note: If any of the following occurred prior to April 1, 2008 (the date on which the Hague Adoption Convention entered into force with respect to the United States), the Hague Adoption Convention may not apply to your adoption: 1) you filed a Form I-600A identifying Sri Lanka as the country where you intended to adopt; 2) you filed a Form I-600; or, 3) the adoption was completed. Under these circumstances, your adopted child’s visa application could continue to be processed in accordance with the immigration regulations for non-Convention adoptions. For more information, read about Transition Cases.
Because Sri Lanka is party to The Hague Adoption Convention, adopting from Sri Lanka must follow a specific process designed to meet the Convention’s requirements. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order, so that your adoption meets all necessary legal requirements. Adoptions completed out of order may result in the child not being eligible for an immigrant visa to the United States.
1.Choose a U.S.-Accredited or Approved Adoption Service Provider
The recommended first step in adopting a child from Sri Lanka is to select an adoption service provider in the United States that has been accredited or approved to provide services to U.S. citizens in Convention cases. Only accredited or approved adoption services providers may provide adoption services between the United States and Sri Lanka. In addition, foreign adoption service providers must apply to the Department of Probation and Child Care Services for authorization to facilitate adoptions in Sri Lanka. If authorization is granted, the adoption service provider will be permitted to work in Sri Lanka subject to conditions stipulated by the Department of Probation and Child Care Services. Prospective adoptive parents may contact either the Department of Probation and Child Care Services or the U.S. Embassy in Colombo for a list of U.S. accredited adoption service providers authorized to facilitate adoptions in Sri Lanka (see Contact Information below.) The U.S.-accredited or approved adoption service provider will act as the primary provider in your case. The primary adoption service provider is responsible for ensuring that all adoption services in the case are done in accordance with the Hague Adoption Convention and U.S. laws and regulations. Learn more about Agency Accreditation.
2. Apply to USCIS to be Found Eligible to Adopt
After you choose an accredited or approved adoption service provider, you must apply to be found eligible to adopt by the responsible U.S. government agency, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), by submitting Form I-800A. Read more about Eligibility Requirements.
Once USCIS determines that you are “eligible” and “suited” to adopt by approving the Form I-800A, your adoption service provider will provide your approval notice, home study, and any other required information to the Department of Probation and Child Care Services as part of your adoption dossier. Sri Lanka’s central authority will review your application to determine whether you are also eligible to adopt under Sri Lanka’s laws.
3. Be Matched with a Child in Sri Lanka
If both the United States and Sri Lanka determine that you are eligible to adopt, and the central authority for Convention adoptions has determined that a child is available for adoption and that intercountry adoption is in that child’s best interests, the Department of Probation and Child Care Services in Sri Lanka may provide you with a referral for a child. The referral is a proposed match between you and a specific child based on a review of your dossier and the needs of a specific child in Sri Lanka. The Department of Probation and Child Care Services will provide a background study and other information, if available, about the child to help you decide whether to accept the referral or not. Each family must decide for itself whether or not it will be able to meet the needs and provide a permanent home for a particular child. If you accept the referral, your adoption service provider communicates that to the Department of Probation and Child Care Services in Sri Lanka. Learn more about this critical decision.
4. Apply to USCIS for the Child to be Found Eligible for Immigration to the United States and Receive U.S. Agreement to Proceed with the Adoption
After you accept a match with a child, you will apply to the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval for the child to immigrate to the United States (Form I-800). USCIS will make a provisional determination as to whether the child meets the definition of a Convention Adoptee and will be eligible to enter the United States and reside permanently as an immigrant.
After provisional approval of Form I-800, your adoption service provider or you will submit a visa application to the Consular Section of the U.S. Embassy in Colombo that is responsible for issuing immigrant visas to children from Sri Lanka. A consular officer will review the Form I-800 and the visa application for possible visa ineligibilities and advise you of options for the waiver of any noted ineligibilities.
WARNING: The consular officer will send a letter (referred to as an “Article 5 Letter”) to the Sri Lankan Central Authority in any intercountry adoption involving U.S. citizen parents and a child from Sri Lanka where all Convention requirements are met and the consular officer determines that the child appears eligible to immigrate to the United States. This letter will inform the Sri Lankan Central Authority that the parents are eligible and suited to adopt, that all indications are that the child may enter and reside permanently in the United States, and that the U.S. Central Authority agrees that the adoption may proceed.
Do not attempt to adopt or obtain custody of a child in Sri Lanka before a U.S. consular officer issues the Article 5 Letter in any adoption case.
Remember:The consular officer will make a final decision about a child’s eligibility for an immigrant visa later in the adoption process.
5. Adopt the Child in Sri Lanka
Remember: Before you adopt a child in Sri Lanka, you must have completed the above four steps. Only after completing these steps, can you proceed to finalize the adoption or grant of custody for the purposes of adoption in Sri Lanka.
The process for finalizing the adoption or gaining legal custody in Sri Lanka generally includes the following:
After the court receives the adoption petition, the court requests a report from the Commissioner to determine whether the adoption is in the best interests of the child. The Commissioner has from 14 to 28 days to submit the report. The home study must be included in the Commissioner’s report. If everything is in accordance with the applicable laws and regulations, the court then issues an order of adoption.
When possible, the birth parent(s) are required to attend the court hearing in order to formally relinquish custody of the child in front of the judge. The adoptive parents are normally present for this step of the process. After the court’s adoption order is issued, copies may be obtained by making an application to the court.
The court‘s adoption order must be registered with the Registrar General’s Office located at Indika Bldg., Main Street, Colombo 11. This process may take two to three days. The adoption is considered complete after the adoption order is registered and a copy of the Certificate of Adoption is obtained from the Registrar General, located at R.A. de Mel Mawatha, Colombo 3, Sri Lanka.
Prospective adoptive parents should refrain from making any payment or giving any reward to any person in consideration of the adoption except such as the court may sanction. Unsanctioned payments may be considered illegal under Sri Lankan law and lead to legal action.
In the adoption services contract that you sign at the beginning of the adoption process, your agency will itemize the fees and estimated expenses related to your adoption process.
Note: Additional documents may be requested.
6. Obtain an Immigrant Visa for your Child and Bring Your Child Home
Now that your adoption is complete (or you have obtained legal custody of the child for the purpose of adopting the child in the United States), there are a few more steps to take before you can head home. Specifically, you need to apply for three documents before your child can travel to the United States:
If you have finalized the adoption in Sri Lanka, you will firstneed to apply for a birth certificate for your child so that you can later apply for a passport.
If you have been granted custody for the purpose of adopting the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name.
After a court adoption order is issued, adoptive parents need to obtain an adoption certificate from the Department of the Registrar General, in Colombo, Sri Lanka. The adoption order must be submitted to:
Department of Registrar’s Office
Central Record Room
Maligawatte, Colombo 10
The adoptive parents may then apply at the Department of Registrar’s office for a new birth certificate with the adoptive parents listed as the parents and the child’s new surname included. This process can take several months. Normally, adoptive parents initiate the process and request the Department of Registrar’s office to forward the birth certificate to their U.S. address.
Sri Lankan Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Sri Lanka.
Once adoptive parents have the adoption order and adoption certificate, they must take it to the Department of Probation and Child Care Service in order to obtain a letter requesting the issuance of a Sri Lankan passport for their child. After receiving the letter from the Commissioner, the adoptive parents can apply for a Sri Lankan passport from the following:
Department of Immigration and Emigration
1st Floor, #41 Ananda Rajakaruna Mawatha
Adoptive parents will need to bring the certificate of adoption, their child’s original birth certificate, and the letter from the Commissioner. The child’s passport will be issued with the name of on the adoption order. If the child is given a new name by the adoptive parents, this needs to be indicated on the final adoption order.
U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child, you also need to finalize your application for a U.S. visa for your child from the U.S. Embassy in Colombo. After the adoption is granted, visit the U.S. Embassy in Sri Lanka for final review of the case, issuance of a U.S. Hague Adoption Certificate or Hague Custody Certificate, final approval of Form I-800, and your child’s immigrant visa. This immigrant visa allows your child to travel home with you. As part of this process, the consular officer must be provided the “Panel Physician’s” medical report on the child if it was not provided during the provisional approval stage. Read more about the Medical Examination.
Child Citizenship Act
For adoptions finalized abroad prior to the child’s entry into the United States: A child will acquire U.S. citizenship upon entry into the United States if the adoption was finalized prior to entry and the child otherwise meets the requirements of the Child Citizenship Act of 2000.
For adoptions finalized after the child’s entry into the United States: An adoption will need to be completed following your child’s entry into the United States for the child to acquire U.S. citizenship.
*Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.
Read more about the Child Citizenship Act of 2000.
Applying for Your U.S. Passport
U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.
Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place.
Obtaining a Visa to Travel Sri Lanka
In addition to a U.S. passport, you may also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Sri Lanka, see the Department of State’s Country Specific Information.
Staying Safe on Your Trip
Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.
Staying in Touch on Your Trip
When traveling during the adoption process, we encourage you to enroll with the Department of State. Enrollment makes it possible to contact you if necessary. Whether there is a family emergency in the United States or a crisis in Sri Lanka, enrollment assists the U.S. Embassy or Consulate in reaching you.
Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).
Many adoptive parents find it important to find support after the adoption. There are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. Take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services.
Here are some places to start your support group search:
Note: Inclusion of non-U.S. government links does not imply endorsement of contents.
POST-ADOPTION/POST-PLACEMENT REPORTING REQUIREMENTS
Sri Lanka requires the following post-adoption reporting from parents:
Post-adoption reports should be conducted by a social worker from the family’s U.S. Hague accredited adoption service provider through a home visit and include information on the adopted child’s physical and emotional development, health, and adjustment to the family environment. This report must be authenticated by the Sri Lankan Embassy in the United States, and forwarded to the Department of Probation and Child Care Service.
We urge you to comply with Sri Lanka’s post-adoption requirements in a timely manner. Your adoption agency may be able to help you with this process. Your cooperation will contribute to that country’s history of positive experiences with U.S. citizen parents. Please visit the Department of Probation and Child Care Services website for more information about Sri Lanka’s post-adoption reporting requirement.
Sri Lanka’s Adoption Authority
Department of Probation and Child Care Services
69, S. De S. Jayasinghe Mawatha
Tel: +94-11 285 3575 or 94-11-2853553
Fax: +94-11 285 2393
Embassy of Sri Lanka in the United States
Embassy of Sri Lanka
2148 Wyoming Avenue N.W.
Washington, D.C. 20008
Tel: (202) 483-4026/ 28
Fax: (202) 232-7181
Sri Lanka also has consulates in the following cities in California:Los Angeles, Bakersfield, and Denville.
U.S. Citizenship and Immigration Services (USCIS)
For questions about filing a Form I-800A application or a Form I-800 petition:
USCIS National Benefits Center (NBC):
Tel: 1-877-424-8374 (toll free); 1-913-275-5480 (local); Fax: 1-913-214-5808
For general questions about immigration procedures:
USCIS Contact Center
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
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