[mamae]

So we were researching adoptions from my home country and, even though they are a Hague country, due to the fact I am a national they will let me adopt independently.

For that to happen, the American central authority for adoptions (?) must approve me for adoptions and send my homestudy to the Brazilian central authority for adoptions...

I am confused because while I do know Brazilian has a central authority, I do not know we have one in here.... Or do we????

Anyone has any idea????

[DPline]

In the United States, USCIS (US Citizenship and Immigration Services) must approve you for international adoption.

[sak9645]

Debbie (DPline), I'm sorry, but you are mistaken.

The term "Central Authority" is specific to countries that have ratified Hague Convention #33 on intercountry adoption. The U.S. has ratified the Hague Convention, and the designated Central Authority for Hague adoptions is the U.S. State Department. Any American adopting from a Hague compliant country must have State Department permission in addition to the standard USCIS permission that is required for all adoptive families.

Mamae, your post confuses me.

Are you an American citizen? Is your spouse an American citizen? You mentioned being a Brazilian national. If you live in the United States, and neither you nor your spouse is a U.S. citizen, you cannot get an adoption visa to bring a newly adopted child into the U.S. This is a matter of U.S. immigration law and applies to both Hague and non-Hague adoptions. At least one spouse must be a U.S. citizen in order to obtain an IR-3 or IR-4 visa for a child. These are the only classes of visa that would allow immediate immigration of an adopted child, assuming that the child meets the U.S. definition of an "eligible orphan".

Also, while BRAZIL may allow independent adoption for people of Brazilian heritage, the U.S. law governing Hague adoptions does not. All Americans wishing to adopt from Brazil must work through a Hague-accredited agency. You can find a list of Hague-accredited agencies on the website of the U.S. State Department, at adoption.state.gov.

The State Department website also gives you other information about the process of adoption from Brazil. I would strongly recommend that you review this information, to make sure that it squares with what you have been told.

Sharon

[DPline]

Sorry. I stand corrected. My understanding of the new process for Hague countries was the the I800a was filed with USCIS similar to the I600A for non-Hague countries for a 171H to be issued. I didn't realize that there was something separate filed with the State Dept. by PAP's. I thought that the State Dept. authority was in charge of the agency accreditation portion.

[sak9645]

"Central Authority" is the legal term under the Convention for the entity that accredits agencies and sets the rules. Even if paperwork is filed with the USCIS, it must follow procedures developed by the State Department. There was a lot of talk during the passage of the Intercountry Adoption Act (which authorized ratification) about who should be the Central Authority -- State Dep't., USCIS, or some other entity -- and the State Department was selected. And it was the State Department that was responsible for drafting all of the supporting regulations, such as the rules for accrediting agencies. The State Department also certified accrediting bodies and did many other things involved with the Hague process. You can read about the Hague process on the State Department website.

Sharon

[DPline]

Ok. I see what you are saying. But I was answering in terms of her question of who needed to give her approval to adopt internationally and forward the approval on to Brazil.

She would still need to have a homestudy and USCIS approval of her I800A and have that approval cabled to Brazil. While the State Department may be the 'Central Authority,' it is USCIS who issues and cables the approval, correct? (Assuming her adopting from Brazil is even possible.)

[mamae]

Yes, I am Brazilian born. Married to an American born, living in USA. At the moment I have only a green card but because hubby is 100% American we can adopt.

When I talk about not using an agency, I mean as a facilitator of the adoption. I'd still need an agency for homestudy, and an agency for post-placement reports. BUT cutting the facilitator saves me at least $15.000 on the adoption line.

Adoptions in Brazil are free of charge. And Brazilians national adopting Brazilian children can obtain legal help free of charge. When I use an agency, I need to buy the whole package which includes the lawyer, translator, etc etc... all things I don't need.

My confusion is because the Brazilian authority won't accept the homestudy to be sent by me. It requires the homestudy to be sent by the American authority, which is not USCIS. Perhaps thats why no agency has been approved by Brazilians authorities yet.

I have family in German who adopted from Brazil and the German central authority sent it to them.... Thats the reason for me to look for the organization in USA who is "playing this role".

[mamae]

So US State Department is the "central authority" for us!!!!

Thats great to know. We are not going into it for at least 6 months but I am trying to get ready, study and get everything needed (documents, info, etc) arranged. Thank you for everyone who replied.

[rmprhp]

Mamae, You will be able to process the adoption as an independent adoption, but you must get a Hague accredited agency to conduct or oversee the homestudy and post-placements who will agree to act as your "primary provider". There are a handful of Hague agencies who will do this so call around.

[sak9645]

Actually, instead of using the I-600A and I-600 approval process that is the non-Hague process, there is a separate process with some extra steps. The two basic documents for Hague adoptions are the I-800A and I-800, and there are some differences in the process.

Sharon

[sak9645]

Hague Adoption Process

This will tell you the steps in the Hague process.

Sharon

[Bunnygirl]

If you are a U.S. citizen then the USCIS (US Citizenship & Immigration Services -- formerly known as INS) must approve you for international adoption. The USCIS is part of Homeland Security now so don't get freaked out when you start getting correspondence with Homeland Security on the return address, LOL!

Before the USCIS approves you though, you will need to have a homestudy done by an agency or sw licensed to do adoption homestudies in your state of residence. If you're not working with an agency it might be a good idea to speak with a lawyer who specializes in international adoptions from the country you're interested in.