I have read a lot in this forum with regards to adoptions, but I don't think I have found any discussion on intra family adoptions. My wife and I want to adopt a relatives infant child. We have the blessing and consent of both parents. My wife is Dominican with U.S. citizenship and I am a U.S. citizen. We have 2 other children. We will be moving to the D.R. permanently in July and I will be applying for Residence with the D.R. We have consulted an attorney who said that the D.R. has recently streamlined the adoption policy. He stated it wouldn't be a problem. He quoted us a price (I thought was reasonable, but my wife thought it was the gringo price) and gave us a time frame of about 90 days. I was just wondering if intra family adoptions are easier or harder than other adoptions, what you thing the attorney fee should be, is the time frame correct and would the U.S. recongnize the adoption for immigration purposes? I know this is a lot to ask, but thanks for any input.
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Intra family adoptions
90 days for an adoption is impossible.
The general requirements for an international adoption in the Dominican Republic as established by Law #136-03 are the following:
(1) The adopting parents must be married, having lived together as a couple for at least five years.
(2) The adopting parents must be at least thirty years old and no more than sixty years old.
(3) Age difference between the adopting parents and the adopted child must be at least fifteen years.
(4) The consent of the child's parents, or for orphans, from the appropriate judicial authority, must be obtained.
(5) The adopting parents must live with the child in the Dominican Republic for at least sixty days (thirty days if the child is twelve or more).
(6) Children twelve years old or more must approve their own adoption.
(7) The adopting parents?s biological children who are twelve years old or older must give their opinion on the adoption.
The adopting parents must submit the following documentation:
(1) Power-of-Attorney to the lawyer(s) in charge of the adoption, duly legalized and certified at the Attorney General?s Office in the Dominican Republic.
(2) Adopting parents biopsychosocial study.
(3) Birth certificates.
(4) Marriage certificate.
(5) Passport numbers for the adopting parents and National ID numbers of the Biological Parents.
(6) Duly legalized adoption consent from the biological parents or from the person under whose responsibility the child is.
(7) Non-opposition statement from the adoptee, if twelve year old or older.
(8) Certification from the appropriate authority in their country of residence that they have a clean police record.
(9) Affidavit from a religious or community organization in their place of residency attesting to their good morals and civic virtues.
(10) Affidavit from the appropriate authority in their country of residence guaranteeing that the adopted child will be monitored while living with the adopting parents, till his/her naturalization in the adopting parents country of residence .
(11) Certificates of good health from a doctor in their country of residence.
(12) Evidence of their financial solvency (bank statements, letter from employer stating salary, etc.).
(13) Authorization or visa for the adopted child?s entrance into the adopting parents country of residence.
All documents must be submitted in originals with Spanish translations and must be stamped at the nearest Dominican Consulate.
The adoption application is filed with the Adoptions Department of the National Council for Childhood and Adolescence (CONANI). The children will be assigned to the candidate family by a Commision formed by CONANI. THERE ARE NO LONGER PRIVATE ADOPTIONS IN THE DR. CHILDREN HAVE TO BE DELIVERED TO CONANI WHO WILL CHOOSE THE BEST FAMILY, NOT NECESSARILY THE ONE THAT THE NATURAL PARENTS WANT.
After approval by CONANI, there are still two other phases to go through:
(1) The judicial phase - the Court of Children and Adolescents has to approve the adoption rendering a decree which is then notified to the Biological parents and to the Civil Registry for the issuance of a new birth certificate. The Court Decree must be registered, legalized and authenticated at the Attorney General?s Office of the Dominican Republic, at the Ministry of Foreign Relations of the Dominican Republic and at the Consulate in the Dominican Republic of the country of residence of the adopting parents.
(2) A second administrative phase at the Junta Central Electoral to obtain a new birth certificate.
These requirements pertain only to the Dominican side of the equation. Applicants should contact their government to learn what steps are required to bring the adopted child into their country of residence.
Total time for the adoption procedure varies. A minimum would be approximately five to six months.
The general requirements for an international adoption in the Dominican Republic as established by Law #136-03 are the following:
(1) The adopting parents must be married, having lived together as a couple for at least five years.
(2) The adopting parents must be at least thirty years old and no more than sixty years old.
(3) Age difference between the adopting parents and the adopted child must be at least fifteen years.
(4) The consent of the child's parents, or for orphans, from the appropriate judicial authority, must be obtained.
(5) The adopting parents must live with the child in the Dominican Republic for at least sixty days (thirty days if the child is twelve or more).
(6) Children twelve years old or more must approve their own adoption.
(7) The adopting parents?s biological children who are twelve years old or older must give their opinion on the adoption.
The adopting parents must submit the following documentation:
(1) Power-of-Attorney to the lawyer(s) in charge of the adoption, duly legalized and certified at the Attorney General?s Office in the Dominican Republic.
(2) Adopting parents biopsychosocial study.
(3) Birth certificates.
(4) Marriage certificate.
(5) Passport numbers for the adopting parents and National ID numbers of the Biological Parents.
(6) Duly legalized adoption consent from the biological parents or from the person under whose responsibility the child is.
(7) Non-opposition statement from the adoptee, if twelve year old or older.
(8) Certification from the appropriate authority in their country of residence that they have a clean police record.
(9) Affidavit from a religious or community organization in their place of residency attesting to their good morals and civic virtues.
(10) Affidavit from the appropriate authority in their country of residence guaranteeing that the adopted child will be monitored while living with the adopting parents, till his/her naturalization in the adopting parents country of residence .
(11) Certificates of good health from a doctor in their country of residence.
(12) Evidence of their financial solvency (bank statements, letter from employer stating salary, etc.).
(13) Authorization or visa for the adopted child?s entrance into the adopting parents country of residence.
All documents must be submitted in originals with Spanish translations and must be stamped at the nearest Dominican Consulate.
The adoption application is filed with the Adoptions Department of the National Council for Childhood and Adolescence (CONANI). The children will be assigned to the candidate family by a Commision formed by CONANI. THERE ARE NO LONGER PRIVATE ADOPTIONS IN THE DR. CHILDREN HAVE TO BE DELIVERED TO CONANI WHO WILL CHOOSE THE BEST FAMILY, NOT NECESSARILY THE ONE THAT THE NATURAL PARENTS WANT.
After approval by CONANI, there are still two other phases to go through:
(1) The judicial phase - the Court of Children and Adolescents has to approve the adoption rendering a decree which is then notified to the Biological parents and to the Civil Registry for the issuance of a new birth certificate. The Court Decree must be registered, legalized and authenticated at the Attorney General?s Office of the Dominican Republic, at the Ministry of Foreign Relations of the Dominican Republic and at the Consulate in the Dominican Republic of the country of residence of the adopting parents.
(2) A second administrative phase at the Junta Central Electoral to obtain a new birth certificate.
These requirements pertain only to the Dominican side of the equation. Applicants should contact their government to learn what steps are required to bring the adopted child into their country of residence.
Total time for the adoption procedure varies. A minimum would be approximately five to six months.
Mr. Guzman,
Thank you for your very thorough response. I was hoping you would respond to my post. The only part that I am a bit confused about is when you state:
The adoption application is filed with the Adoptions Department of the National Council for Childhood and Adolescence (CONANI). The children will be assigned to the candidate family by a Commision formed by CONANI. THERE ARE NO LONGER PRIVATE ADOPTIONS IN THE DR. CHILDREN HAVE TO BE DELIVERED TO CONANI WHO WILL CHOOSE THE BEST FAMILY, NOT NECESSARILY THE ONE THAT THE NATURAL PARENTS WANT.
Are you saying that after going through the steps you have laid out, CONANI can place the child with another family? This would be an intra-family adoption, my wife's uncle's daughter.
Although we will be permanatly residing in the D.R. starting in July, I would be seeking a U.S. visa and/or citizenship for the child. That part I can handle. I am an attorney in New York who handles immigration issues.
Thank you for your very thorough response. I was hoping you would respond to my post. The only part that I am a bit confused about is when you state:
The adoption application is filed with the Adoptions Department of the National Council for Childhood and Adolescence (CONANI). The children will be assigned to the candidate family by a Commision formed by CONANI. THERE ARE NO LONGER PRIVATE ADOPTIONS IN THE DR. CHILDREN HAVE TO BE DELIVERED TO CONANI WHO WILL CHOOSE THE BEST FAMILY, NOT NECESSARILY THE ONE THAT THE NATURAL PARENTS WANT.
Are you saying that after going through the steps you have laid out, CONANI can place the child with another family? This would be an intra-family adoption, my wife's uncle's daughter.
Although we will be permanatly residing in the D.R. starting in July, I would be seeking a U.S. visa and/or citizenship for the child. That part I can handle. I am an attorney in New York who handles immigration issues.
Just what it says!! You have little or no say in the matter as far as who CONANI chooses as the "best" family.
Do it this way. We did it and it worked out great: Bring the youngster into you family like he was a part of your family. Get all of his paperwork, birth certificate, school records and the like, and raise him/her. Period. You would introduce the child as your "hijo de crianza" and always refer to him/her as 'yours' . He keeps his name, of course, but, he/she will know who their parents are and who loves them very much.
the adoption process takes years to clear, in spite of all the streamlining. You should thank Fabio Guzm?n for that excellent post!! From the bottom of your big heart...
HB
Do it this way. We did it and it worked out great: Bring the youngster into you family like he was a part of your family. Get all of his paperwork, birth certificate, school records and the like, and raise him/her. Period. You would introduce the child as your "hijo de crianza" and always refer to him/her as 'yours' . He keeps his name, of course, but, he/she will know who their parents are and who loves them very much.
the adoption process takes years to clear, in spite of all the streamlining. You should thank Fabio Guzm?n for that excellent post!! From the bottom of your big heart...
HB
HB,
Thank you for you advise. I have been reading this board for a couple of months now and have always found your post to give very sound advise and this post is no different. Their is one problem if we don't go through with the legal adoption. Although we will reside in the D.R., we do plan on going to the U.S. for vacation and for family visits. It would just break my heart to have to leave her behind while me, my wife and my two sons go visit family in the U.S. or to Disneyworld, etc...
I doesn't matter to me how long the process would take. She is only 1 1/2 years old and she is living with us now. Money is also not an issue. The only issue is the CONANI one. That concerns me.
My wife is only 29 years old so, according to Mr. Guzman, we will have to wait a year before starting the process. At that time, or shortly before, we will contact Mr. Guzman's law firm to handle the process. That is the best form of thanks I think I can show Mr. Guzman.
Thank you for you advise. I have been reading this board for a couple of months now and have always found your post to give very sound advise and this post is no different. Their is one problem if we don't go through with the legal adoption. Although we will reside in the D.R., we do plan on going to the U.S. for vacation and for family visits. It would just break my heart to have to leave her behind while me, my wife and my two sons go visit family in the U.S. or to Disneyworld, etc...
I doesn't matter to me how long the process would take. She is only 1 1/2 years old and she is living with us now. Money is also not an issue. The only issue is the CONANI one. That concerns me.
My wife is only 29 years old so, according to Mr. Guzman, we will have to wait a year before starting the process. At that time, or shortly before, we will contact Mr. Guzman's law firm to handle the process. That is the best form of thanks I think I can show Mr. Guzman.