Legal Magazine

Steps to a Successful Intercountry Adoption

Posted on the 06 January 2015 by Angelicolaw @AngelicoLaw

Adopting a Brazilian child as a United States citizen can be a lengthy process that involves the Brazilian court system and requirements such as psychological evaluations, applications and other supplemental documents. Knowledgeable lawyers in Brazil will be instrumental in the process and help guide you along to avoid any legal difficulties. Here’s a quick overview of what you can expect from the process of adopting a child from Brazil.

Brazil and the United States are parties to the Hague Convention on the Protection of Children and Co‑operation in Respect of Intercountry Adoption. That means that all adoptions between Brazil and the United States must meet the requirements set forth in the Convention. For instance, persons wishing to adopt must be over 21 years old and must be at least 16 years older than the adoptable child. The adopting party does not have to be married.

Ready to get started? Here’s a list of the steps you should follow.

  1. Select an accredited or approved adoption service in the United States. These agencies will work with Brazil’s central authority, the State Judiciary Commission of Adoption (CEJA).
  2. Apply to US Citizenship and Immigration Services (USCIS) to be found eligible to adopt: (Form 1‑800A). USCIS will forward your application to CEJA in Brazil for review.
  3. Once a suitable candidate is found, CEJA will refer a child that is available for adoption.
  4. If a match is made, an application is submitted to USCIS (Form I‑800) to begin immigration proceedings in the United States. A visa application will then be submitted to the Consular Officer at the US Embassy in Brazil. There, it will be determined if the child is eligible to immigrate to the United States. If found eligible, the embassy will send an Article 5 letter to CEJA.

While these four steps will get you started, it is important to consult an attorney to help you through the process and ensure that all necessary steps are taken. Even after the adoption is completed, you will need to obtain travel documents for the adopted child to ensure entry into the United States. The Brazilian authorities will also have their own additional requirements, such as requiring that you remain in Brazil with the adopted child for 15 to 30 days.

While adoption is a delicate and often complicated process, it can ultimately be a life-changing and extremely rewarding experience for those who embark on the journey.


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