International Adoption - Peru

DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel

PLEASE NOTE: All international adoptions in Peru must be processed through a Peruvian-approved U.S. adoption agency. As of April 2001, there are 14 approved agencies (a list is provided below). There is a different process for "local" adoptions, which may be requested by Peruvian Nationals, some blood relatives, or non-Peruvians who have lived in Peru for two years or more. Unfortunately, these procedures do NOT always comply with U.S. and Peruvian international adoption requirements, and often cause problems when applying for the immigrant visa. This document addresses the international Peruvian adoption process only.

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*Questions involving interpretation of U.S. immigration and orphan requirements should be addressed to the U.S. Immigration and Naturalization Services*

*An important early step for any international adoption is to begin the I-600 or I-600A process with the U.S. Immigration and Naturalization Service (INS) well in advance. This process can be time-consuming because it requires a home study, fingerprint check, and the completion of any state pre-adoption requirements. More information about the process is available from your adoption agency or from the nearest office of the INS*

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 licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Peru and applying for an immigrant visa for the child to come to the United States. This process involves complex Peruvian and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parents(s) and the child. Please remember that an adopted child must meet the U.S. Immigration and Nationality Act definition of "orphan" before the parents can file an I-600 petition. If the child cannot meet this definition, the child must have been under the legal and physical custody of the adoptive parents for two years, after which they can file an I-130 Immediate Relative petition.

AVAILABILITY OF CHILDREN FOR ADOPTION IN PERU: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans from Peru:

FY-1997: IR-3 immigrant visas issued to Peruvian orphans adopted abroad - 11
IR-4 immigrant visas issued to Peruvian orphans adopted in the U.S. - Peruvian law does not allow for this option
FY-1998: IR-3 Visas - 24, IR-4 Visas - 0
FY-1999: IR-3 Visas - 27, IR-4 Visas - 0
FY-2000: IR-3 Visas - 46, IR-4 Visas - 0
FY-2001: IR-3 Visas - 10 (first half), IR-4 Visas - 0

PERUVIAN ADOPTION AUTHORITY: Peru's most recent adoption law was revised in August 2000. The government office responsible for adoptions in Peru is the Ministry for the Promotion of the Woman and Human Development (Ministerio de Promocion de la Mujer y del Desarrollo Humano) or Promudeh. Promudeh is responsible for identifying possible orphans for assignment to prospective adoptive parents, assisting the court's investigation of the child's background, contracting and coordinating with the approved U.S. adoption agencies, and certifying the court-issued adoption decree. They also establish post-adoption controls to ensure the child's adequate development and care in the U.S.

Note: We strongly recommend that all U.S. citizens seeking to adopt a child in Peru consult with one of the approved U.S. adoption agencies and the INS in Peru, before formalizing an adoption agreement. This is to ensure that all appropriate procedures have been followed which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

PERUVIAN INTERNATIONAL ADOPTION PROCEDURES:
A Peruvian child must be abandoned in order to be eligible for international adoption. Abandonment is a legal finding made by the Peruvian Court, and must occur before the child is assigned to prospective parents. In effect, this provision prohibits so-called "direct" adoptions, in which the birth parent gives a child directly (or via an intermediary) to prospective parents for adoption, and prohibits adoptive parents from searching for and locating a child on their own.

For prospective parents, the process begins when they apply to PROMUDEH (through one of the approved U.S. agencies) for approval to adopt. When the dossier of the prospective parents is complete (see documentary requirements below) and approved by the PROMUDEH Board of Directors, PROMODUH tentatively assigns a child to those parents and forwards information regarding the assigned child to the parents' adoption agency. (At the current time, there is a scarcity of infants available for adoption and a large number of prospective adoptive parents wishing to adopt infants.)

PROMUDEH will give the U.S. agency a specific amount of time (usually 7-14 working days) to confirm the parents' intention to adopt the child. The parents then must travel to Peru for the adoption proceedings. If married, both parents must attend the ratification of the adoption. Provisional custody is awarded to the prospective parents shortly after their arrival in Peru. After 10-15 days, a social worker assigned to the case will issue a report attesting to the compatibility and bonding of the child and its prospective parents. If the report is favorable, the adoptive parents appear in court to ratify their adoption request, after which the judge may issue the final adoption decree.

In theory, the adoption procedure should take 25 working days. In reality, it often takes 45-60 days, or longer, depending on which regional court has jurisdiction over the case. At least one parent must remain in Peru during the entire adoption process. PROMUDEH's central office is in Lima, and has opened offices in several other regions. Be sure to ask your adoption agency where your adoption will take place. You may need to be prepared to spend several weeks in a region with limited amenities or conveniences. Also, be aware that the quality of consumer goods and services available can vary greatly within Peru.

When completed, the adoption is entered into a national adoption registry maintained by PROMUDEH. The adoptive parents must also register the child in the municipality where s/he was born and obtain a birth certificate listing the adoptive parents as the child's parents. In preparation for the U.S. visa process, adoptive parents must also obtain a Peruvian passport for the child. All court documents related to the child's abandonment and adoption must also have an official English translation. A list of translators is available at the U.S. Embassy in Lima.

At this point, the adoptive parents need to file their I-600 petition (final version) with the INS office at the American Embassy in Lima. The approved petition is then forwarded to the Consular Section's Immigrant Visa (IV) unit for visa processing (please note: a petition is not a visa). The IV unit will work with you to arrange the required visa interview.

After the I-600 petition is approved, you must contact the Immigrant Visa Unit to schedule a visa interview. Interviews are scheduled every weekday, except Wednesdays and holidays. We will try to fit you in as quickly as possible, but please allow up to five working days for the visa interview to be scheduled and the process to be completed. Do not make final, non-refundable travel plans until you have your child's visa in hand. The Consular Officer is required to review your case carefully and make an independent determination of your child's eligibility for a visa. This includes another review of the orphan status of your child, the child's medical information, and your financial information provided with the I-864 Affidavit of Support. The child must be present at the Embassy for the immigrant visa interview.

In addition to the complete adoption file presented to INS for the I-600, you will also need the following:

· A medical exam completed by a specifically designated "panel physician"* (the exam fee is $95)
· Your child's Peruvian passport
· Form I-864 Affidavit of Support, with copies of your Federal income tax returns (Form 1040) for
· the 3 most recent three years
· Two Immigration-style photographs
· Visa fees: $260 for the application, and $65 for visa issuance. These fees can be paid only in cash, U.S. or Peruvian currency.

AGE AND CIVIL STATUS REQUIREMENTS: An adopting parent must be at least 18 years older than the child to be adopted. In some cases, the prospective parents may not be more than 55 years old. Both married and single persons may adopt in Peru; however married couples must jointly present the adoption application. Both spouses must be present to adopt in Peru. Although Peruvian law allows children up to age 18 to be adopted, it is important to note that U.S. law requires that the I-600 petition be filed before the child's 16th birthday.

ADOPTION AGENCIES AND ATTORNEYS: Only PROMUDEH-approved agencies are permitted to initiate foreign adoptions in Peru. Each licensed agency must designate at least one local (Peruvian) representative. PROMUDEH reviews each agency's status every two years. The Department of State and the U.S. Immigration Service do not assume any responsibility for the quality of services provided by these private adoption agencies or their employees. There are no attorneys given. We welcome comments from adoptive parents who have used their services. (Please note that calls to Lima, Peru from the U.S. should be preceded by the country and city codes: 51 -1.) :

Adopt International
121 Springdale Way
Redwood City, California 94062
Phone: (650) 369-7300
In Hawaii (808) 523-1400
Peruvian Contact: Ms. Laura Cueva
Phone: 51-1-461-0570, 51-1-261-7513
Phone/Fax: 51-1-461-6111

Accept
339 South San Antonio Rd, Suite 1
Los Altos, California 94022
Phone: (415) 917-8090, (415) 917-8093
Peruvian Contact: Dr. Raul Alva Farfan
Phone: 51-1-435-1671, 51-1-927-0666
E-mail: ralvaf@hotmail.com

Children's Home Society of Minnesota
22230 Como Ave.
St. Paul, Minnesota 55108
Phone: (612) 646-6393
Peruvian Contact: Ms. Elisa Mere
Phone/Fax: 51-1-452-3549

Plan Loving Adoption Now
P.O. Box 667
Minnville, Oregon 97128
Phone: (503) 472-8452
E-mail: plan@macnet.com
Peruvian Contact: Ms. Monica Salazar
Phone: 51-1-448-3972

Rainbow House International
547 Humboldt Street
Denver, Colorado 80218
Phone: (303) 830-2108
Peruvian Contact: Ms. Luz Carpio
Phone/Fax: 51-1-463-4548

Villa Hope
6 Office Park Circle, Suite 218
Birmingham, Alabama 35223
Phone: (205) 870-7359
Fax: (205) 871-6629
E-mail: villahope@worldnet.att.net
Peruvian Contact: Dr. Elena Baldasari
Phone/Fax: 51-1-435-1671, 51-1-427-0666
E-mail: mebaldassari@hotmail.com

Seedlings, Inc.
375 Route 10
Whippany, NJ 07981
Phone: (973) 884-7188
Peruvian Contact: Dr. Lourdes Tizon
Phone/Fax: 51-1-275-5451

Los Niños, Children's International Adoption
1600 Lake Front Circle, Suite 130
The Woodlands, Texas 77380
Phone: (281) 363-2892/Fax (281) 297-4191
Peruvian Contact: Sra. Liliana Reynaltti
Phone: 51-1-448-1466

World Child Inc.
9300 Columbia Blvd.
Silver Spring, MD 20910
Phone: (301) 588-3000, 365-2469
Fax (301) 589-7879
Peruvian Contact: Ms. Carmen Rojas
Phone: 51-1-345-1240

Christian World Adoption
669 Marina Drive
Wando, South Carolina 29492
Phone: (803) 856-0305
Peruvian Contact: Dr. Alfaro Aguilar
Phone/Fax: 51-1-442-1948

New Beginnings for Families Adoption
141 Willis Ave.
Mineola, New York 11501
Phone: (516) 747-2204
Web: http://www.newbegins@aol.com
Peruvian Contact: Ms. Sandra Rodriguez
Phone: 51-1-447-2509

Parent Child Connection
9220 Milton Ave
Gig Harbor, WA 98332
Phone: (253) 857-6895, 1-800-463-8177
Fax: (253) 853-4969
Peruvian Contact: Mr. George Mejia
Phone: 51-1-272-1397
Ms. Lidia Valderrama
Phone: 51-1-445-9095

Wide Horizon for Children
282 Moody Street
Waltham, Massachusetts 02154
Phone: (617) 894-5330
Peruvian Contact: Dra. Edith Montalva
Phone: 51-1-449-5795

DOCTORS: The panel Physician's examination is designed to comply with specific visa regulations, and is not intended to be a fully inclusive physical examination. If you wish to consult a pediatrician for a more complete physical exam, or for any health problems you or your child might have, the Embassy maintains current lists of doctors and sources for medicines.

DOCUMENTARY REQUIREMENTS: Your adoption agency will provide you with a current list of documents required by Peruvian courts and PROMUDEH. We advise you to bring extra copies with you to Peru. Your agency will also tell you which documents (most of them) must be translated into Spanish, authenticated by the Department of State, and then legalized by the Peruvian Embassy or Consulate in the U.S. in the region where the document originated. These documents include but are not limited to the adoptive parents' birth and marriage certificates, home studies, physical and psychological health certificates, financial and employment certifications, references, and police clearances. The authentication process begins by obtaining the seal of a U.S. notary public or the appropriate document issuing office. The seal is authenticated by the clerk of court in the county where the notary is licensed or by a similar authority. The document must then be authenticated by your state's Secretary of State, and then by the U.S. Department of State Authentication Office (518 23rd Street, NW, State Annex 1, Washington, D.C., Tel: (202) 647-5002, or 1-800-688-9889, choose item 6. Walk-in service is available from 7:30 a.m. until 11:00 a.m. any weekday except holidays. The fee is $5.00 per document.

Following authentication by the Department of State, the documents are authenticated by the Peruvian Embassy (Consulate) having jurisdiction over the region where you live. Contact the nearest Peruvian Embassy or Consulate for additional information about Peruvian authentication of U.S. documents.

REQUIREMENTS FOR THE I-600 PETITION: As soon as prospective adoptive parents arrive in Peru, they should contact both the Immigration and Naturalization Service (INS) and the Consular Section of the U.S. Embassy in order to register their presence in Peru. Both are located at:

Embassy of the United States of America
Avenida La Encalada, Cuadra 17 s/n
Monterrico, Surco, Lima 33
Peru
Phone: 51-1-434-3000
Fax: 51-1-434-3037

It is important to inform the INS that you are actively processing an adoption and will soon be filing an I-600 petition. After the Peruvian adoption is finalized, you may file the I-600 petition with the INS office. Unless you are a legal and actual resident in Peru, you must have already filed an I-600A application with an INS office in the U.S. and had the application approved. We recommend that prospective parents do not travel to Peru until they have confirmed with the Embassy that we have received notification from INS that the I-600A has been approved.

The INS office in Lima, Peru is open to the public Tuesdays, Thursdays, and Fridays from 1:30 to 3:30 p.m. You may phone that office by calling (51)(1) 434-3000, ext. 3011 or 3012. After the I-600 petition is filed, each case is subject to an orphan investigation to determine if the child meets the definition of "orphan" under the U.S. Immigration and Nationality Act, and that the adoption process has been completed in accordance with Peruvian and U.S. law. The INS makes every effort to process I-600 petitions as quickly as possible, usually within a week; however, adoptive parents must understand that an individual case can require extensive investigation that could be considerably longer. If the petition is approved, INS will forward the approval notice and all documentation to the Consular Section's Immigrant Visa Unit.

When you contact INS, they will tell you which documents you need for the I-600 petition. They will need to be officially translated to English, and include, but are not limited, to the following:

· Proof of the U.S. citizenship of the petitioner (usually your passport)

· A declaration of abandonment for the child issued by the Peruvian Court

· An approved and final adoption decree

· A certificate of adoption issued by PROMUDEH

· The child's Peruvian birth certificate(s), including the new one showing the child's new name and the adoptive parents

*No fee is required if the I-600A has already been approved and only one child is being adopted. A fee of $460 is required for each child after the first one, or if the I-600A was not filed before*

U.S. IMMIGRATION REQUIREMENTS

A Peruvian child, even if adopted by an American citizen, must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Immigration and Naturalization Service (INS) having jurisdiction over their place of residence. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Lima. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Lima for more information.

An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

The adoptive or prospective adoptive parent must be an American citizen;

The child must be under the age of 16 at the time an I-600 Petition is filed with the INS on his or her behalf;

If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;

If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;

The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by INS can be found on INS's web site at http://www.ins.usdoj.gov.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Immigration and Naturalization Service (INS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Immigration and Naturalization Service (INS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the Immigration and Naturalization Service office at the U.S. Embassy in Lima .

Detailed information about filing these forms can be found on INS's web site at http://www.ins.usdoj.gov. Americans who have adopted or hope to adopt a child from Peru should request, at the time they file these forms, that INS notify the US Embassy in Lima as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an INS office in the US.

II. The Orphan Investigation

One part of the petition process that INS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. This investigation is performed by a consular officer at the time of the child's immigrant visa interview.

PERUVIAN EMBASSY AND CONSULATES IN THE UNITED STATES:

The Embassy of Peru
1700 Massachusetts Avenue, NW
Washington, DC 20036
Phone: (202) 833-9860

Peru also has consuls in Miami, Florida; Patterson, New Jersey; Los Angeles, California; San Francisco, California; Houston, Texas; Chicago, Illinois, and New York, New York

Peru also has appointed several Honorary Consuls who may help you obtain more information, but do not offer the full services of the Consulates listed above. Honorary Consuls are available in Tampa, Florida; Atlanta, Georgia; Honolulu, Hawaii; New Orleans, Louisiana; St. Louis, Missouri; Tulsa, Oklahoma; San Juan, Puerto Rico; Dallas, Texas; Salt Lake City, Utah; and Seattle, Washington.

TIME FRAME: International adoption from Peru can be time-consuming. Recent experience suggests the total time (from the initial inquiry with an approved adoption agency until the child arrives in the U.S.) will certainly involve several months and often over one year. Both adoptive parents do not need to be present in Peru for the entire time, but both must be present for the provisional placement, evaluation, and ratification of the adoption through the Court. They must also both be present to file the I-600 petition with INS. Only the applicant (child) must be present for the visa interview (with a legal representative), but we encourage at least one parent to attend. Adoptive parents should plan to stay in Peru for approximately eight weeks. [As of early 2001, new Peruvian Court procedures have occasionally resulted in further delay.] Please do not make travel plans for your adoptive child until you have the visa in hand. The INS and the IV unit will do their best to process your visa paperwork quickly, but there are often unexpected delays. The INS and Consular officials have no authority to intervene in any Peruvian legal process.

PERUVIAN FEES: Adoption agencies estimate that the total cost of an adoption in Peru will be $5,000 to $7,000. This includes:

Oficina de Adopciones $1,000-$1,500
Peruvian Legal Fees $3 - $4,000
Other Peruvian adoption costs $1,000

These fees are subject to change without notice, and will vary according to the current foreign exchange rate.

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult INS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Peru may be addressed to the Immigration and Naturalization Service or the Immigrant Visa Unit at the U.S. Embassy in Lima, Peru [Avenida La Encalada, Cuadra 17 s/n, Monterrico, Surco, Lima 33, Peru, (51-1) 434-3000, fax 434-3037]. You may also contact the Office of Children's Issues, U.S. Department of State, Room L-127, SA-1, 2401 E Street NW. Washington, D.C. 20522, Tel: (202) 736-7000 with specific questions.

Information is available 24 hours a day from several sources:

Telephone - Office of Children's Issues - recorded information regarding changes in adoption procedures and general information (202) 736-7000.- State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225.- Immigration and Naturalization Service- recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Automated fax - contains the full text of the office's international adoption information flyers and general information brochure, International Adoptions. From the telephone on your fax machine, call (202) 647-3000.

Internet - The Consular Affairs web site, at: http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure

INS web site- http://www.ins.usdoj.gov

Other Information:

Consular Information Sheets - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the internet web site, as above.