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: A special commission of Uruguayan. Uruguayan Congressional members are presently working on changes to the adoption code in Uruguay. It will be sometime before this work is completed. According to one Congressman they will try to make the adoption code more flexible.

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 Uruguay and applying for an immigrant visa for the child to come to the United States. This process involves complex Uruguay 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. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Uruguay before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

URUGUAY ADOPTION PROCEDURES:
Anyone wishing to adopt Uruguayan children should contact the Instituto Nacional del Menor (INAME), Instituto de Adopción, Río Branco 1394, Montevideo, Uruguay or Movimiento Familiar Cristiano, Colonia 1738, Montevideo Uruguay, and the Foreign Ministry regarding the necessary documents and other requirements. Most adoptions are decreed by the Juzgado de la Familia (Family Court), in conjunction with INAME. Adoption documents are registered at the Dirección del Registro de Estado Civil (Civil Registry) within 30 days of the adoption

URUGUAYAN ADOPTION LAW:

There are two methods of adoption in Uruguay:

1. "Adopción" - This requires the consent of the biological parents, if they are alive, or of the child's legal representative. After "adopción", the child is still considered to belong to his natural family and maintains his legal rights as a child in that family despite the fact that he is legally adopted by someone else. "Adopción" is completed through public notice/documentation. INAME certifies the "moral fitness" and financial stability of the adoptive parents after they have had the child under their care and protection for two years. Adoption can be revoked for "just cause".

2. "Legitimación Adoptiva" - To be eligible, the child must be abandoned, orphaned (both parents deceased), a ward of the state, or the child of unknown parents. Adoptive parents must be "morally fit", financially able, and have had the child under their guardianship or custody for at least one year.

Before attempting to adopt a child from any overseas location, U.S. citizens should ensure that they understand the legal requirements for admission of adopted children into the United States. Adoptive parents should contact the U.S. Immigration and Naturalization Service for further information, and may wish to review INS's publication No. M-249, The Immigration of Adopted and Prospective Adoptive Children. The Department of State's Office of Children's Issues can also provide a copy of the circular entitled International Adoptions.

AGE AND CIVIL STATUS REQUIREMENTS:
Uruguayan adoptive parents are given preference in adoptions, and there are few children available for adoption by foreigners. Anyone over age 30 may adopt, irrespective of marital status, provided there is at least a 20-year age difference between the adoptive parent and child. It is desirable, but not mandatory, that the adopting parents live in Uruguay during the period of custody before the adoption is complete. Only in exceptional cases is the removal of children abroad permitted before the adoption is finalized. The child can travel abroad only with the authorization of the judge.

1. "Adopción" - Anyone over the age of 30 is eligible to adopt a child, irrespective of marital status, as long as the adoptive parent is 20 years older than the child.

2. "Legitimación Adoptiva" - Adoptive parents must have been married for at least five years, be over the age of 30 and be more than 15 years older than the child.

RESIDENTIAL REQUIREMENTS:
Uruguay requires that the adoptive parent live in Uruguay for at least one month before they can take the child to the United States. They are granted provisional custody, which is controlled by the adoption agency, which completes the home study. After one year the judge authorizes the U. S. to adoption, thus making it unnecessary for the family to return to Uruguay to complete adoption procedures. During that time, they are subject to home visits, interviews and studies conducted by social workers. Although Uruguay permits adoption by foreigners, laws requiring one to two year residence with the child before the adoption is finalized create a practical barrier. No U.S. citizens have requested the IR3 or the IR4 visas in the last five years. Consequently the Embassy has no record of recent Uruguayan adoptions by U.S. citizens.

ADOPTION AGENCIES AND ATTORNEYS: Uruguay has not designated any U.S. adoption agencies to handle adoption of Uruguayan children. It is necessary to retain an Uruguayan attorney to assist in the adoption process. The Department of State's Office of Children's Issues and the U.S. Embassy in Montevideo can provide a list of English-speaking lawyers practicing in Uruguay upon request.

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

URUGUAY DOCUMENTARY REQUIREMENTS:
The following documentation is required to apply for adoption of an Uruguayan child:

· A home study carried out by an official organization regarding the health, socio-economic and psychological condition of the adopting parent.
· A formal request for a child within a specific age group (determined by the agency conducting the home study)
· Birth and marriage certificates.

Foreign documents must be authenticated and translated into Spanish. U.S. civil records, such as birth, death, and marriage certificates must bear the seal of the issuing office. They should be authenticated by the particular state's secretary of state, the U.S. Department of State Authentication Office, and the Uruguayan Embassy or Consulate. Tax returns, medical reports and police clearances should likewise be authenticated by a local notary public or the appropriate issuing office, and the clerk of court of the county where the notary is licensed or some similar authority.

The U.S. Department of State's Authentication Office is located at 2400 M Street, N.W., Room 101, Washington, D.C. 20520, tel: (202) 647-5002. Walk-in service is available 8 a.m. to 12 noon Monday-Friday, except holidays. You may contact that office for a schedule of fees. It is advisable to take several copies of your authenticated documentation with you to Uruguay.

URUGUAYAN ADOPTION RECORDS:
Upon adoption, the child's Uruguayan birth certificate is not amended. Rather, it is modified and reissued showing the adoptive parents as the biological parents. As such, there is no indication that the child is adopted or that his/her biological parents are other than those listed.

U.S. IMMIGRATION REQUIREMENTS

An Uruguay child adopted by an U.S. 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 U.S. 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 Uruguay. U.S. citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Uruguay 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 U.S. 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 U.S. Citizen. The Department of State encourages U.S. 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 website at http://www.ins.usdoj.gov.
It is advisable to contact the Consular Section of the U.S. Embassy in Montevideo at least one day in advance of the desired interview date to check that all required documents are in order and to set an appointment for the immigrant visa interview. The Embassy cannot guarantee issuance of the visa in advance of the interview.

For the immigrant visa application the child will need a valid Uruguayan passport, a medical examination, two 1 3/4-inch color visa photos, and the appropriate Uruguayan adoption documentation. The child must be present at the Embassy for the immigrant visa application. A physician from an approved list of physicians using a specified form must perform the medical examination. Unless special circumstances would indicate that the child's care will be particularly costly (such as a physical handicap), the adopting parents will not be required to provide further proof of their financial situation, as this information will have already been provided at the time of petition (I-600A or I-600) approval.

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 U.S. Embassy in Uruguay .

Detailed information about filing these forms can be found on INS's website at http://www.ins.usdoj.gov. U.S. who have adopted or hope to adopt a child from Uruguay should request, at the time they file these forms, that INS notify the U.S. Embassy in Uruguay 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. A consular officer performs this investigation at the time of the child's immigrant visa interview.

URUGUAY EMBASSY (AND COUNSULTES) IN THE UNITED STATES:

Embassy of Uruguay
Consular Section
2715 M. Street N.W., 3rd. Floor
Washington, D.C. 20007
Tel: (202) 331-1313, Fax: (202) 331-8142

Uruguay also has consulates in Los Angeles, Miami, Chicago, New York, and San Juan (Puerto Rico).

U.S. EMBASSY IN URUGUAY:
U.S. Embassy Montevideo
Lauro Muller 1776
Montevideo
Tel [598] (2) 203-60-60 or 418-77-77
Fax 598-2-4188611.
Web site: http://www.embeeuu.gub.uy

U.S. EMBASSY ASSISTANCE:

Upon arrival in Uruguay to try to arrange an adoption, U.S. citizens should register at the U.S. Embassy, Consular Section, and U.S. Citizens Services. The Embassy will be able to provide information about any outstanding travel advisories and to provide other information about Uruguay, including lists of physicians, attorneys, interpreters and translators. The U.S. Embassy is located at Lauro Muller 1776, Montevideo, Uruguay. Telephone: 598-2-418-7777.
Fax: 598-2-418-4110

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 URUGUAY may be addressed to the Consular Section of the U.S. Embassy or Consulate in URUGUAY. 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: 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.

© September 2001