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: It can be difficult for foreigners to adopt a Venezuelan child without a preexisting family or kinship connection to the child. Interested U.S. citizens should be aware that the process of adopting a child in Venezuela and bringing the child to the United States may be time-consuming and very difficult. The U.S. Embassy in Venezuela stands ready to assist adoptive parents, within the scope and limits of our authority; however, U.S. citizens coming to Venezuela to finalize an adoption are advised to proceed carefully with all local foreign adoption procedures. They should also work closely with the U.S. Embassy throughout the process to ensure that the child they have selected will qualify for U.S. immigration benefits, and that all the required documents are in order.

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 Venezuela and applying for an immigrant visa for the child to come to the United States. This process involves complex foreign 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 Venezuela 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.

AVAILABILITY OF CHILDREN FOR ADOPTION:

Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

Number of Immigrant Visas Issued to Venezuelan Orphans for Selected Years Fiscal Year IR-3 Immigrant Visas Issued to Venezuelan Orphans Adopted Abroad IR-3 Immigrant Visas Issued to Venezuelan Orphans Adopted in the U.S.
1996 1 13
1997 3 5
1998 2 4
1999 0 0
2000 1 1
2001 1 3

VENEZUELAN ADOPTION AUTHORITY: The central authority for international adoptions in Venezuela is the Ministry of Foreign Relations, which receives the prospective adoptive parents' applications, and forwards them to the National Office of Adoptions for evaluation.

VENEZUELAN ADOPTION PROCEDURES: The prospective adoptive parents must submit all required documents to the nearest Venezuelan Consulate in the United States (see below for locations). Any document that is not in the Spanish language must be accompanied by a certified translation. After acceptance as prospective adoptive parents before Venezuelan authorities, the applicants must personally ratify before a judge their request to adopt in Venezuela; they must also be present when custody of the child is granted to them. The prospective adoptive parents must agree to be subject to a test period of up to two years of family placement (before the adoption is finalized). In addition, they must agree to release the child back to the custody of Venezuelan authorities before the adoption is finalized, if it is determined that it would not be in the child's best interest to remain with the prospective adoptive family. The adoptive parents must present evidence that the child is authorized to travel to and reside in the United States.

AGE AND CIVIL STATUS REQUIREMENTS:

a) The minimum age for adoptive parents is 25 years old. If married, both parents must be 25 years old. There is no statutory maximum age limit. The adoptive parents must be at least 18 years older than the child.

b) Adoption by unmarried individuals is permitted in Venezuela.

RESIDENTIAL REQUIREMENTS: The adopting parents must have at least three years of residence in the country where the child will reside.

ADOPTION AGENCIES AND ATTORNEYS: There are no adoption agencies in Venezuela because the government controls the process. However, the adopting parents may hire a local attorney to assist them if they wish.

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 Venezuela.

VENEZUELAN DOCUMENTARY REQUIREMENTS: Prospective adoptive parents must submit the following documentation to Venezuelan authorities:

--Signed application;
--Two recent, driver license-sized color photographs of each applicant;
--Certified copies of the birth certificate of each applicant;
--Photocopies of the passport of each applicant;
--Certified copy of marriage document;
--Certificate or letter of residence, issued by the appropriate local authority;
--Internal and external photographs of the applicants' residence, as well as photos of the surrounding neighborhood;
--Full-length photographs of the applicants and their immediate family members;
--Valid certificate of good conduct from local police;
--In cases of adoption by an individual who is estranged from his/her spouse but not legally separated or divorced, the adopting individual's spouse must consent to the adoption;
--In cases of previous marriage(s), copies of the divorce decree(s);
--A bio/psycho/social report compiled by competent authorities in the United States
certifying the applicants are suitable to be adoptive parents;
--A certificate of suitability or approval issued by a competent Venezuelan authority;
--A personal statement written by the prospective adoptive parents, which addresses their thoughts, feelings, opinions, and perceptions about various aspects of adoption and their role as adoptive parents;
--Certified medical examinations;
--Certified psychological evaluations;
--Letters of employment that state the company name, length of service, position, and salary;
--The most recent tax return;
--Two letters of reference;
--The written opinion of the prospective adoptive parents' other children regarding the adoption (if applicable).

AUTHENTICATION PROCESS: All U.S. documents submitted to the Venezuelan government must be authenticated. Venezuela is a party to the Hague Legalization Convention. Generally, U.S. civil records, such as birth, death, and marriage certificates, must bear the seal of the issuing office and the state's Secretary of State must affix an apostille. Tax returns, medical reports and police clearances should likewise be authenticated. Prospective adoptive parents should contact the Secretary of State for their home state for instructions and fees for authenticating documents. A clerk or deputy clerk of the federal court system must authenticate documents issued by a federal court.

The U.S. Department of State Authentications Office must authenticate documents issued by a federal agency. Their address is Authentications Office, Department of State, 518 23rd St., N.W., Washington, D.C. 20520, (202) 647-5002. Fee: $5.00. For additional information, call the Federal Information Center: 1-800-688-9889, and choose option 6 after you press 1 for touch tone phones. Walk-in service is available from the Authentications Office from 8 a.m. to 12 noon Monday-Friday, except holidays. Walk-in service is limited to 15 documents per person per day (documents can be multiple pages). Processing time for authentication requests sent by mail is 5 working days or less.

For additional information about authentication procedures, please see the "Judicial Assistance" page of the Bureau of Consular Affairs Web site at http://travel.state.gov.

VENEZUELAN EMBASSY IN THE UNITED STATES:

Venezuela Embassy
1099 30th Street Northwest
Washington, D.C. 20007
Phone: 202-342-2214

VENEZUELAN CONSULATES IN UNITED STATES:

California
Consulate General of Venezuela
455 Market St.
Suite 220
San Francisco, CA
Tel: 415-421-5172

Florida
Consulate General of Venezuela
1101 Brickell Ave.
Suite 901
Miami, FL 33131
Tel: 305-577-4301

Illinois
Consulate General of Venezuela
20 N. Wacker Dr.
Suite 1925
Chicago, IL 60606
Tel: 312-236-9658

Louisiana
Consulate General of Venezuela
World Trade Center
Suite 1908
New Orleans, LA 70130
Tel: 504-522-3284

Massachusetts
Consulate General of Venezuela
545 Boylston St.
6th Floor
Boston, MA 02159
617-266-9355

New York
Consulate General of Venezuela
7 E. 51st St.
New York, NY 10022
Tel: 212-826-1660

Puerto Rico
Consulate General of Venezuela
Edf. Mercantil Plaza
PISO 6 Ponce De Leon Ave.
Suite 601
Hato Rey
San Juan, PR 00907
Tel: 809-725-4055

Texas
Consulate General of Venezuela
2925 Briarpark Dr.
Suite 900
Houston, TX 77042
Tel: 809-725-4055

U.S. IMMIGRATION REQUIREMENTS FOR ORPHANS:

A Venezuelan 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. The child must be an orphan, as defined by U.S. immigration regulations. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by a U.S. Citizen. The Department of State encourages U.S. citizens to verify that 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 is described below and can also be found on the INS web site at http://www.ins.usdoj.gov.

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 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.
The child has no parents because of the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents; or

The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption.

The adopting parent(s) must meet the following INS requirements in order to file the I-600 petition for the immigrant visa for an adopted child:

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 adoptive or prospective adoptive parent must be a U.S. citizen.

VISA PETITION 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 Venezuela.

Advance Processing Procedures
· Approved Form I-600A (Application for Advance Processing of Orphan Petition),
· Fingerprints of each prospective adoptive parent on Form FD-258,
· Proof of the prospective petitioner's United States citizenship,
· Proof of the marriage of the prospective petitioner and spouse, if applicable,
· Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable,
· A "home study" completed by the appropriate State organization with a favorable
recommendation
· Filing fee of U.S. $460.

The I-600 is filed at the U.S. Embassy in Caracas after an adoptive parent has legal custody of a child. If an I-600A has already been approved, there is no fee. However, if parents are adopting two or more biologically unrelated children, there will be a $460 fee for the second child.

Orphan Petition Procedures
· Form I-600, Petition to Classify Orphan as an Immediate Relative,
· Proof of the orphan's age,
· Death certificate(s) of the orphan's parent(s), if applicable,
· Proof that the orphan's sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan only has one parent,
· A final decree of adoption, if the orphan has been adopted abroad,
· Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage,
· Proof that the pre-adoption requirements, if any, of the state of the orphan's proposed residence have been met, if the orphan is to be adopted in the United States.

Detailed information about filing these forms can be found on INS's web site at http://www.ins.usdoj.gov. U.S. who have adopted or hope to adopt a child from Venezuela should request, at the time they file these forms, that INS notify the U.S. Embassy in Venezuela 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.

DOCUMENTARY REQUIREMENTS FOR U.S. VISA: The following documents are required for immigrant visa processing in adoption cases at the U.S. Embassy in Caracas:

· Approved I-600 or I600A from INS;
· Valid passport;
· Two color photographs (check with consular section for size requirements);
· Biographic Data form OF-230 Part I and II;
· Completed medical examinations (via panel physician) and vaccination documents;
· Form I-864 Affidavit of Support, and supporting documents (for children being readopted in the United States);
· Birth Certificate--one certified copy with English translation;
· Custody Decree--issued by the court, with English translation;
· Adoption Decree--issued by the court, with English translation;
· Permission to leave Venezuela--issued by the court, with English translation.

NATURALIZATION: The Child Citizenship Act of 2000 allows for the automatic acquisition of U.S. citizenship for foreign adopted children of U.S. citizens. If a foreign - born child was adopted abroad and entered the United States on an Immediate Relative (IR) -3 visa, the child automatically becomes a U.S. citizen. If a foreign-born child enters the United States on an IR-4 visa and is adopted in a U.S. court, the child will become a U.S. citizen when the adoption is finalized (the child will be a legal permanent resident until then).

U.S. EMBASSY IN VENEZUELA:

Calle F con Calle Suapure
Colinas De Valle Arriba
Caracas, 1060, Venezuela
Phone: 58-212-975-6411
58-212-975-9998
FAX: 58-212-975-8991

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 Venezuela may be addressed to the Consular Section of the U.S. Embassy or Consulate in Venezuela. You may also contact the Office of Children's Issues, U.S. Department of State, SA-22, Room 2100, 2201 C Street, NW, Washington, D.C. 20520, Tel: 1-888-407-4747 with specific questions.

Telephone
Office of Children's Issues - recorded information regarding changes in adoption procedures and general information, (1-888-407-4747).

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 - The State Department has general information about hiring a foreign attorney and authenticating documents which may supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets (CISes) 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 CIS for that country, the State Department may issue a Public Announcement 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 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.