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

GENERAL: Nicaraguan law allows only for the adoption of children by Nicaraguan citizens or permanent residents of Nicaragua. On rare occasions, this requirement has been waived when doing so was deemed to be in the child's best interest. Nicaragua generally prohibits persons who have been awarded guardianship only (vs. outright adoption) from removing the child from Nicaragua in order to emigrate. Prospective adoptive parents must have a permanent residence in Nicaragua and must plan to stay in the country until the child becomes an adult though these restrictions may be waived.

AVAILABILITY OF CHILDREN FOR ADOPTIONS: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

FY-1996: IR-3 immigrant visas issued to Nicaraguan orphans adopted abroad - 14
IR-4 immigrant visas issued to Nicaraguan orphans adopted in the U.S. - 0
FY-1997: IR-3 Visas - 16, IR-4 Visas - 0
FY-1998: IR-3 Visas - 16, IR-4 Visas - 0
FY-1999: IR-3 Visas - 17, IR-4 Visas - 0
FY-2000: IR-3 Visas - 9, IR-4 Visas - 0

NICARAGUAN ADOPTION AUTHORITY: The government office responsible for adoptions in Nicaragua is the Ministry of Family is the government of Nicaragua institution responsible for adoptions.

NICARAGUAN ADOPTION PROCEDURES: The child must be either orphaned or abandoned in order to qualify for adoption. A child is considered an orphan if the parent(s) registered on the birth certificate is/are deceased. Parental abandonment must be an unconditional and irreversible break with the child. A child is not considered abandoned if the Ministry of Family is able to place the child in the custody of a relative. The adoption generally must take place in Nicaragua before the child leaves the country.

ADOPTION AGENCIES AND ATTORNEYS: The adoptive parents must work directly with the Ministry of Family until the final stage of the adoption. Once the Ministry of Family authorizes the adoption, the adopting parents may hire a lawyer to complete the adoption procedures. Lists of attorneys are available from the American Embassy or the Department of State, Office of American Citizens Services.

DOCTORS: The U.S. Embassy (Consulate) maintains current lists of doctors and sources for medicines, should either you or your child experience health problems while in Nicaragua.

U.S. IMMIGRATION REQUIREMENTS

A Nicaraguan 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 in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Managua. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Managua 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 determine 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 .

RESIDENCE REQUIREMENTS: According to Nicaraguan law, prospective adoptive parents must either be Nicaraguan citizens or have a permanent residence in Nicaragua and plan to remain in Nicaragua until the child reaches the age of majority. Certain requirements regarding residence and plans to remain in Nicaragua have been waived in a few cases.

AUTHENTICATION OF DOCUMENTS: All foreign documents presented to the INSSBI in support of an adoption must be authenticated, translated, and certified. The required documents are: 1) parent's birth certificate, 2) parent's marriage certificate, 3) a certificate stating that the parents are in good health, 4) economic information 5) a "psychological-social" study given by a U.S. expert and 6) three photographs of each parent.

This is a very complex and convoluted process involving five or six levels of notarization. Generally, U.S. civil records, such as birth, death, and marriage certificates must bear the seal of the issuing office, then be authenticated by the state Secretary of State in the United States, the U.S. Department of State Authentication Office, and the Nicaraguan Embassy or Consulate. Tax returns, medical reports and police clearances should likewise be authenticated, beginning with the seal of a notary public in the United States or some appropriate issuing office. The notary's seal should be authenticated by the clerk of court of the county where the notary is licensed or some similar authority. The document should then be authenticated by the same order as listed above, starting with the U.S. Secretary of State. The U.S. Department of State Authentication Office is located at 518 23rd Street, NW, Washington, D.C. 20520, Tel: (202) 647-5002. Walk-in service is available from 7:30 - 11:00 Monday -Friday, except holidays. The Department charges $4.00 per document for this service, payable in the form of a check drawn on a U.S. bank or money order made payable to the Department of State. It is advisable to bring several copies of the completely authenticated documentation with you to Nicaragua

Scheduling Appointment with U.S. Consular Officer: It is advisable for the prospective adoptive parents to contact the Consular Section of the U.S. Embassy in Managua at least one day before coming into the Consulate to check that the documents are in order, and to schedule an appointment for the immigrant visa interview. The Embassy cannot guarantee issuance of the visa in advance of the interview. If you are outside the U.S. and the child has completed his/her medical examination, you will have a preliminary interview with the consular officer in order to complete form I-604 "Request for and Report on Overseas Investigation". The child must be present at the Embassy for the immigrant visa application and interview. The medical examination must be performed by a physician from an approved list of physicians provided by the Embassy. Unless special circumstances, such as a physical handicap, indicate the child's care will be particularly costly, the adopting parents will not be required to provide further proof of their financial situation beyond what they already provided at the time of petition of petition (I-600A 0r I-600) approval.

What Documents to Bring with You to U.S. Embassy: Note: Since each case is different, it is possible that the Embassy will request additional documents after a preliminary review of the applications of the prospective adoptive parent(s). For the immigrant visa application and interview the child will need:

· Certified copy of child's birth certificate issued by the civil registrar indicating the name of both biological parents, if known.

· If birth father, mother, or both are deceased, a certified copy of the death certificate issued by civil registrar

· Decree of Abandonment by the Ministry of Family.

· Adoption decree issued by a Nicaraguan court.

· Authorization from a judge to permit the minor to leave Nicaragua.

· Valid Nicaraguan passport.

· Three 1- 3/4-inch color visa photographs of the child.

· Medical examination (according to Embassy instructions). If the minor has a physical or mental disability, a notarized statement will be required from the prospective adoptive parent s) indicating that they are fully aware of the physical or mental disability of the minor and in spite of that fact that they have the intention of finalizing the adoption. This statement can be included in item 19 of form I-600 and also in the home study if more convenient. In that case a separate notarized statement will not be required.

· In case where the minor has not been seen or observed in person by the prospective adoptive parent (s), a notarized statement by those parents will be required indicating that although they have not seen or observed the minor in person, they are nevertheless willing to adopt or re-adopt the minor in the United States. Both parties must sign the I-600 after the child has been identified. This means that if one party has gone abroad to arrange the adoption, and the other remained in the U.S., the I-600 must be sent by one spouse to the other with the child's identity information completed and an original signature of the spouse reflecting their concurrence with the procedure. This is generally done by express courier in the interest of time.

· In the case of a minor taken to the United States by a third party, for example a legal representative or social assistant of an adoption agency or other entity, a notarized statement will be required authorizing that person to take the minor to the United States with the purpose of placing him/her with the prospective adoptive parent (s). This statement can also be included in the Judge's authorization for the child to leave Nicaragua. Note: There are no provisions in INS regulations for approving petitions signed by agents with powers of attorney. Consequently, even if an agent is physically accompanying the child to the U.S., the adoptive parent (s) must sign the petition itself, after the child has been identified.

· Qualifying Affidavit of Support (I-864) accompanied by last three years of federal income tax returns and W2s and/or Schedule Cs.

AMERICAN EMBASSY ASSISTANCE: Upon arrival in Nicaragua to try to arrange an adoption, U.S. citizens should register at the American Embassy, Consular Section, and American Citizens Services. To avoid problems, it is always best for prospective adoptive parents to check with the consular section when they begin the process. The Embassy will be able to provide information about any local, safety security conditions and to provide other information about Nicaragua including lists of physicians, attorneys, interpreters and translators. The American Embassy is located at KM 4 1/2, Carretera Sur, Managua, Nicaragua. Tel: 2666-010, ext. 4779 or 4519.

VISA QUESTIONS: For questions about U.S. visa petition procedures, contact the nearest office of the U.S. Immigration and Naturalization Service, located in the Federal Government section of your telephone book. General recorded information about visa procedures is also available from the Department of State's Visa Office at (202) 663-1225.

NICARAGUAN EMBASSY AND CONSULATES IN U.S.:
Embassy of Nicaragua
1627 New Hampshire Avenue, NW
Washington, D.C. 20009
Tel; (202) 939-6570

Nicaragua also has a consulate in New York.

TIME FRAME: The actual adoption process takes approximately six months.

TRAVEL OF THE CHILD: The child may not travel until all adoption procedures are final.

U.S. FEES: The INS fee for an I-600 or I-600A petition is $460. If you have a valid I-600A and file an I-600 within 18 months of the approval of the I-600A, no fee will be charged for the I-600 provided you are only petitioning for one child or for siblings. If you are petitioning for more than one child and the children are not siblings, the I-600 fee will be charged.

U.S. IMMIGRANT VISA FEE: The fee for the immigrant visa is $325.00 and may be paid in U.S. dollars. This $325.00 does not include medical examinations, cost of documents, the petition, etc. The American Embassy does not accept personal checks or credit cards.

ADDITIONAL INFORMATION: Prospective-adopting parents should consult INS publication no. M-249, The Immigration of Adopted and Prospective Adoptive Children and the Department of State information flyer International Adoptions.

QUESTIONS: Specific questions regarding adoption in Nicaragua may be addressed to the Consular Section of the U.S. Embassy in Nicaragua. You may also contact the Office of Children's Issues (CA/OCS/CI), 2201 C Street, N.W., SA-22, Room 2100, Washington, D.C. 20520-4818, Tel: (202) 736-7000 with specific questions.

Information is also 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: contains international adoption information flyers and the International Adoptions brochure.

INS web site: http://www.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.

© June 2001