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INTERCOUNTRY ADOPTION


EL SALVADOR

June 2006

DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

IMPORTANT NOTE:  The process for international adoptions in El Salvador can be lengthy and complicated for prospective adoptive parents.  The Salvadoran authorities responsible for administering adoptions are aware of the difficulties posed by the current process but disagree on whether current procedures should be amended.  Some local officials are attempting to streamline the current adoption process, but others prefer to leave current practices unchanged.  This causes the country's procedures to be applied inconsistently, and the experience of one adopting couple or parent may not be the same as that of any other couple or adopting single parent.        

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuances to Salvadoran orphans:

Fiscal Year Number of Immigrant Visas Issued
FY 2005 16
FY 2004 16
FY 2003 6
FY 2002 13
FY 2001 4

ADOPTION AUTHORITIES IN EL SALVADOR:  Several Salvadoran governmental bodies are involved in the adoption process.  These include the Family Courts and the Procuraduría General de la República (PGR or Special Counsel for the Protection of Women and Children).  The PGR is responsible for family welfare law in El Salvador.  The Salvadoran Institute for the Development of Children and Adolescents (ISNA) is responsible for the care of orphans and other children in government custody.  Representatives from ISNA and the PGR oversee international adoptions in El Salvador’s adoption central authority, called the Oficina Para Adopciones (Office for Adoptions or OPA).  Information regarding Salvadoran laws and procedures for the purposes of adoption may be obtained by contacting:

Oficina Para Adopciones
Jefe de Sección de Adopciones
Procuraduría General de la República
Centro de Gobierno
San Salvador, El Salvador
Phone (503) 2222-4444 or (503) 2222-4133

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Under Salvadoran law, married adopting parents who are not Salvadoran citizens must have been married for at least five years, and the elder spouse must be at least 25 years of age.  There must be a minimum of 15 years difference in age between the adopting parents and child.  Parents adopting a child under one year of age cannot be older than 45.  Single individuals may adopt in El Salvador if they are at least 25 years old and at least 15 years older than the child to be adopted.

RESIDENCY REQUIREMENTS: Under Article 176 of the Salvadoran Family Code, adoptive parents who wish to adopt a particular child who is not related to them must be prepared to reside with the child in El Salvador for at least one year prior to finalization of the adoption.  To satisfy this requirement, the adoptive parent(s) must be appointed the foster parent(s) of the child by ISNA prior to the beginning of the one year co-residency.

Although personnel at the U.S. Embassy in San Salvador are familiar with some cases in which this requirement was not applied, the Government of El Salvador now is enforcing the co-residency requirement in most cases involving the adoption of a particular child.  U.S. citizen missionaries, Peace Corps Volunteers, contract employees and other relatively long-term residents in El Salvador are not exempted from the one year co-residency requirement as a formally decreed foster parent.    

TIME FRAME: Salvadoran adoption procedures can take 18 to 36 months to complete. This does not include the time necessary for the U.S. Embassy to complete its own investigation, as required by immigration regulations.  Because adoption fraud in El Salvador has taken a variety of forms, an investigation of each adoption is necessary to ensure that the child is an orphan, as defined by U.S. immigration law, and that the birth mother is aware that the child is being adopted irrevocably and will be taken from the country.  Investigation times vary depending upon the complexity of each case.

ADOPTION AGENCIES AND ATTORNEYS:  The U.S. Embassy in San Salvador maintains a list of attorneys known to provide adoption services in El Salvador at: http://sansalvador.usembassy.gov/consular/english/acs/layerslist.html. 

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/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.  Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES IN EL SALVADOR: The costs of adopting a Salvadoran child and taking him or her to the United States can vary considerably, depending primarily on the length of time required to complete the adoption process and the fees charged by Salvadoran attorneys.  The costs listed below are neither comprehensive nor unchanging but are provided to give prospective adopting parents a general idea of the financial outlays required.

Costs in El Salvador:

  • Salvadoran Attorney's Fee:  typically $3,000 - $10,000
  • Medical Examination for the Child:  $250 - $600 (includes vaccinations for all children and x-rays for children between 14 and 16 years of age)
  • Salvadoran passport fee:  $10
  • Photos for Salvadoran Passport and U.S. Immigrant Visa:  $10
  • Room for two adultsfor one nightat the Hilton Princess or Sheraton Presidente Hotel:  approximately $170

(Note:  While the Salvadoran government charges no fees for the services it provides in the adoption process, municipal and other authorities do charge for the documents and services they provide.  These fees typically are included in the Salvadoran lawyer's fee.  The prospective adopting parents should confirm with their Salvadoran attorney whether the attorney's fees will cover these additional costs.)

ADOPTION PROCEDURES: Salvadoran law states that a child under 18 years of age may be eligible for international adoption if the child is abandoned or orphaned and a family court determines that the adoption is in the best interest of the child.  Salvadoran law also permits the adoption of a child under 18 who is under the care of a parent or relatives if a court determines the adoption is in the child's best interest.  Foreign adoptive parents must formally adoptSalvadoran children in El Salvador, in accordance with Salvadoran laws and procedures, before taking the children out of the country to live.  The Supreme Court of El Salvador advises that the granting of guardianships to prospective foreign adoptive parents for the purpose of allowing children to leave El Salvador for subsequent adoption abroad is prohibited. 

OPA investigates the circumstances of an orphaned or neglected child's family and seeks to find a close relative who may be willing to care for the child.  Once satisfied that adoption is in the child's best interest, OPA determines which prospective adoptive parents are a suitable match for the child.  A committee composed of representatives of the Special Counsel, the Director of ISNA and OPA then determines whether a specific child may be adopted by a particular set of parents.  Once the committee makes an affirmative decision, the Special Counsel signs the approved adoption petition.  The case then goes to a Salvadoran judge, who rules on whether or not the court will issue a final adoption decree.  In order for the adopted child to b eligible for a U.S. immigrant visa, the adoptive parents must obtain this decree.

Once the court issues a final adoption decree, municipal authorities in the town where the child's birth was registered cancel the original birth certificate and issue a new birth certificate naming the adoptive parents as the child's parents.  The new birth certificate becomes part of a bound record book kept at the Alcaldia (city hall).

DOCUMENTS REQUIRED FOR ADOPTION IN EL SALVADOR: 

U.S. Documents:  Each of the U.S. documents listed below must be translated into Spanish by an individual appointed for that purpose by a Salvadoran notary public (as stipulated in Article 24 of the “Ley del Ejercicio Notarial de la Jurisdicción Voluntaria y de Otras Diligencias”)

  • Certified birth certificate for the adopting parents;
  • Certified marriage certificate for the adopting parents;
  • Police clearance from the adopting parents’ municipality;
  • Documentation of the adopting parents’ financial situation (salary statements, bank accounts, etc.);
  • Home study completed by an agency authorized to conduct such a study in the domicile of the parents.  The home study completed for the I-600A/I-600 will fulfill this requirement;
  • Health certificate for the adopting parents;  
  • Certification issued by the adoptive parents' state Department of Health and Human Services, or institution for the protection of children, or an equivalent public entity stating that the adopting parents meet the legal requirements of that state to adopt and that the state will monitor the welfare of the child after adoption. 
  • In cases in which a single adopting parent is 50 years old or older and cases in which both members of an adopting couple are 50 years old or older, the adoptive parent(s) must submit a statement identifying who will be responsible for the adopted child in the absence of the adoptive parent(s). 

Salvadoran Documents:

  • Photocopy of the identity card and certified birth certificate of the Salvadoran attorney;
  • Health certificate for the child to be adopted;
  • Photographs of the adopting parents, adopted child, attorney;
  • Photographs of the exterior and interior of the house of the adopting parents;
  • Proof of Salvadoran residence of the adopting parents;
  • Exact address of the biological parents, if applicable;
  • Power of Attorney for a specified Salvadoran lawyer to represent the adopting parents.  (This legal document must be executed following Salvadoran regulations.  Therefore, if it is executed in the United States, it must be executed at the Salvadoran Embassy in Washington D.C. or at any Salvadoran Consulate throughout the U.S.  Once certified by a Salvadoran consul in the United States, the power of attorney must be presented to the Salvadoran Ministry of Foreign Affairs in San Salvador for verification of the Consul’s signature.  The appointed Salvadoran lawyer may accomplish the part of this process that must take place in El Salvador; the prospective adopting parents do not need to be present.  If the power of attorney is executed before a Salvadoran notary public in El Salvador, it does not need further certifications.).

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  Along with the authorized Spanish translation, an authenticated English language version of all U.S. documents must be provided to the appropriate Salvadoran government agencies and courts. 

The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html.

SALVADORAN EMBASSY AND CONSULATES IN THE UNITED STATES:

Embassy of El Salvador
Consular Section
2308 California St. NW
Washington, D.C, 20008
Tel: (202) 265-9671
Fax; 202-234-3834
correo@elsalvador.org
http://www.elsalvador.org/home.nsf/home

Salvadoran Consulates are established in the following metropolitan areas:  Atlanta, Boston, Chicago, Dallas, Elizabeth (NJ), Houston, Las Vegas, Los Angeles, Miami, New York, Nogales (AZ), San Francisco, and Washington, D.C.  Contact information for these consulates can be found at the Web address listed above.

U.S. IMMIGRATION REQUIREMENTS:

Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoptioncan be found on the Bureau of Consular Affairs Web site, travel.state.gov, under “International Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.

U.S. embassy in el salvador: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section at the U.S. Embassy in San Salvador is located at:

Final Boulevard Santa Elena
Antiguo Cuscatlán, La Libertad
Tel (outside the El Salvador): 011+503-2501-2600 within El Salvador: 2501-2600
Fax: (503) 2278-6020
E-mail: acssansal@state.gov

APPLYING FOR A VISA AT THE U.S. EMBASSY IN EL SALVADOR:
Once the Salvadoran adoption process is complete and the adoptive parents are in possession of all the documents listed above, they should call the U.S. Embassy's Visa Information Center to schedule a visa interview appointment.  From El Salvador, callers may reach the Visa Information Center through either of the following two methods:

1)  Purchase a pre-paid calling card from the service provider Telefonica.  This card costs $15 and permits a call of approximately seven minutes.

2)  Using a landline operated by the service provider Telecom, call 900-6011.  These calls will be charged to the client's monthly bill at a rate of approximately $2.15 per minute.

From the United States, callers may reach the Visa Information Center by calling 1-866-730-2089.  Calls from the United States will be charged to a credit card, and callers should be prepared to provide the credit card information required.  

THE U.S. CITIZENSHIP AND IMMIGRATION SERVICES IN SAN SALVADOR: The office of the U.S. Citizenship and Immigration Services (USCIS) that is located with the U.S. Embassy in San Salvador will accept I-600 petitions from U.S. citizen adoptive parents if the home study conducted in the United States was previously completed and a certified copy is enclosed with the petition and if the adoptive parents authorize the local USCIS office to fingerprint them.

DOCUMENTS NECESSARY FOR APPLYING FOR A VISA FOR YOUR CHILD AT THE U.S. EMBASSY IN EL SALVADOR:   Since each case is different, it is possible that the Embassy will request additional documents after a preliminary review of the application and documents submitted by the prospective adoptive parent(s).  For processing the child's immigrant visa application, the following original documents are necessary:

  1. Child’s original birth certificate with the name of biological mother;
  2. Child’s new birth certificate with the child’s new name and name of adoptive parents;
  3. Final court decree of adoption and all supporting documents;
  4. Intermediate decrees of adoption;
    1. Decree from OPA
    2. Decree from the PGR (sentencia final de adopción)
    3. Decree from ISNA
  5. Certified document in writing by all known parents irrevocably and unconditionally releasing the child for adoption and emigration;
  6. Power of attorney designating the Salvadoran lawyer to represent the adoptive parents;
  7. Form I-600 (Petition to Classify Orphan as an Immediate Relative);
  8. Form I-604 (Request for and Report on Overseas Orphan Investigation);
  9. Form DS-230 Part 1 and Part 2 (Application for Immigrant Visa and Alien Registration);
  10. Medical exam Form DS-157;*
  11. Child’s Salvadoran passport with the adoptive parents' last name;
  12. Two front face photo, size 2” X 2” of the child's face, against a white background;
  13. Adoptive parent’s income tax forms for the most recent filing year;
  14. Visa fee

*The examination by an Embassy-designated Panel Physician is designed to comply with specific visa regulations and is not intended to be a fully inclusive physical examination.  If adoptive parents wish to consult a pediatrician for a more complete physical exam, or for any health problems, the U.S. Embassy provides a current list of doctors and sources for medicines at: http://sansalvador.usembassy.gov/consular/english/acs/doctorslist.html.

Note: Visa issuance after the final interview generally takes 24 hours.  The Embassy normally cannot provide the visa to adoptive parents on the day of the interview.

ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: ../info/info_457.html.

ADDITIONAL INFORMATION:  Specific questions about adoption in El Salvador may be addressed to the U.S. Embassy in San Salvador.  General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information also is available from several other sources:

  • Toll Free Telephone - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747.  This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays).  Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children is available by calling 202-663-1225.
  • U.S.  Citizenship and Immigration Services - recorded information about requesting immigrant visa application forms is available by calling 1-800-870-3676.
  • Adoption Information Flyers: the Consular Affairs web site at: http://travel.state.gov/contains intercountry adoption information flyers like this one and the International Adoptions brochure.
  • Consular Information Program:  The State Department publishes a Consular Information Sheet (CIS) for each country in the world that provides general information useful for U.S. travelers, including the location of the U.S. Embassy and updates on health, political, and crime conditions.  If the situation in a country poses a specific threat to the safety or security of American citizens, the State Department may issue a Public Announcement or Travel Warning alerting U.S. citizens to local security situations.  These documents are available on the Internet at: http://travel.state.gov/or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747.  This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays).  Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • USCIS web site -http://uscis.gov/