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U.S. Department of State
1995: International Adoption -- Panama
Bureau of Consular Affairs
INTERNATIONAL ADOPTION - PANAMA
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 COUNSEL.
GENERAL: Panama allows United States citizens and other
foreigners to adopt, but Panamanians are given preference. The
adoption process requires patience and the services of a
Panamanian attorney. Adopted children need not be orphans,
though they must have been legally abandoned by their natural
parents. Children are usually adopted by U.S. citizens in
Panama, rather than given guardianship with the intention of
adopting in the United States. There are no legal impediments
to granting guardianship, but the Minor's Court discourages
this.
AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant
visa statistics reflect the following pattern for visa issuance
to orphans:
IR-3 Immigrant Visas IR-4 Immigrant Visas
Fiscal Issued to Panamanian Issued to Panamanian
Year Orphans Adopted Abroad Orphans Adopted Abroad
FY-1991 6 2
FY-1992 11 5
FY-1993 20 2
FY-1994 19 7
PANAMANIAN ADOPTION AUTHORITY:
The Tribunal Tutelar de Menores (Minors or Childrens Court)
have jurisdiction over the adoption case if the child is
abandoned, a ward of the court, or an orphan. The Juzgados
Circuitos (Circuit Courts) have jurisdiction when the child has
been voluntarily surrendered by the biological parent(s) to the
adopting parent(s). Panama has strict departure controls. The
Minors Court must approve the departure from Panama of a child
without his or her natural parent or legal guardian. In cases
where a person has been granted legal custody of a child in
order to adopt the child in the United States, a Panamanian
judge must interview the adoptive parents and determine that an
adoption outside Panama is in the best interests of the child.
Adoption outside of Panama is rare.
PANAMANIAN ADOPTION PROCEDURES: Panamanian adoption procedures
require the services of a Panamanian attorney to present the
necessary documentation to the appropriate Panamanian court,
either the Panamanian Minors Court (Tribunal Tutelar de
Menores) or the Circuit Courts (Juzgados de Circuitos). If the
child is a ward of the court or an orphan, The Tutelar will
appoint the adoptive parents as the child's legal guardians for
a period up to six months. Six months is the most common
length of the trial period, but the judge has the latitude to
grant a shorter period. At the end of this trial period, if
the judge determines that the child's adjustment has been
successful, then the adoption is finalized. If the judge is
concerned about the child's welfare he may extend the trial
period for another six months, or cancel the adoption
altogether. The cancellation of an adoption process after the
trial period is extremely rare. If the prospective adoptive
parents want to take the child outside of Panama during the
trial period, a judge must authorize international travel for
the child.
A second adoption method is through the Circuit Courts
(Juzgados de Circuito). These courts have jurisdiction over
adoption cases when the biological parents agree to grant
parental rights to another couple or individual. Unlike Minors
Court adoptions, no trial period is required in Circuit Court
adoptions. Note: Persons interested in Circuit Court
adoptions should contact the American Embassy to be certain
that the child meets the U.S. Immigration and Nationality Act
definition of an orphan, or if the child must reside for at
least two years with the adoptive parents before becoming
eligible for an immigrant visa.
A Panamanian attorney must present the necessary paperwork
in the form of a "demanda" (petition) for review to the court
of appropriate jurisdiction. Usually, the adoptive parents and
their attorney will deal with the judge's staff until the
petition is ready for review. If the judge approves the
petition, he will forward the documents to the Registro Civil
de Panama (Panamanian Civil Register). The adoption is not
official until it is published in the Civil Register, and the
judge has signed a final decree.
AGE AND CIVIL STATUS: Panamanian law requires that prospective
adoptive parents must have been married for at least five
years. Panama has a maximum age restriction for adoptive
parents. The man can be no older than forty-five, and the
woman no older than forty. Single persons may adopt, but only
children of their own sex. Individuals are not allowed to
adopt if they already have natural children.
RESIDENCE REQUIREMENTS: There are no residency requirements
for adoption in either of the two courts. However, the
adoptive parents must appear in person to process the adoption.
TIME FRAME: The Tutelar de Menores states that the entire
process, from the filing of the case ("demanda") to the
adjudication of the U.S. immigration visa, typically takes
between three and six months. However, with the six month
trail period the total time required may be from nine to 12
months. Each case varies.
PANAMANIAN FEES: See "U.S. Immigration Requirements" section
for U.S. fees. No fees are collected by the courts. The civil
Registrar charges moderate fees for processing the adoption and
authorizing the necessary documents. The major expense is
attorney's fees. The legal fees for an adoption are estimated
to be between $2,000 and $2,500. Attorneys in Panama are not
paid according to hours worked, but are put under contract for
a specific case with a pre-determined fee. A list of
Panamanian attorneys is available at the U.S. Consulate.
Payment of any kind to the child's parents or guardian is
illegal.
ADOPTION AGENCIES AND ATTORNEYS:
A child may be under the authority of a government institution
or a private adoption agency.
PANAMANIAN DOCUMENTARY REQUIREMENTS:
Prospective adopting parents should possess the following
documents, all translated into Spanish and authenticated by a
Panamanian consulate:
- Marriage certificate (if applicable)
- Birth certificates of the adoptive parents.
- Health certificates. This certifies that the prospective
adoption parents are in good health. These must be from a
doctor of hospital in the U.S.
- Police good conduct certificates or reports from their
state or residence.
- Job letters indicating years worked, position and salary
earned.
- Two passport size photographs of each adoptive parent.
- Two letters of reference from people who have known the
prospective adoptive parents for at least two years, and
who can attest to their character, financial situation,
living conditions, and parental skills if they already
have children.
- A sociological home study to be conducted by a U.S. social
worker who is approved by the Panamanian Consulate in the
U.S.
- A psychological evaluation to be conducted by an authorized
medical official in Panama or a U.S. medical official
approved by the Panamanian Consulate in the U.S.
AUTHENTICATION OF DOCUMENTS:
All documents must be translated to Spanish by a licensed
Panamanian translator and must be notarized. All documents
brought from the U.S. should be authenticated under the
conventions of the applicable state and/or locality. It is
advisable to bring several copies of each authenticated
document.
PANAMANIAN EMBASSY AND CONSULATES IN U.S.:
Consulate of Panama Consulate of Panama
1212 Avenue of the American 260 Peachtree St., N.W.
9th floor Atlanta, Georgia 30303
New York, N.Y. 10036 Tel: (404) 525-2772/2676
tel: 212) 840-2450 or 6221
Consulate of Panama Consulate of Panama
24 Greenway Plaza 50 Hannibal Love No. 325
Suite 1705 Memphis, TN 38103
Houston, TX 77046 Tel: (901) 525-4208
(713) 622-4451/4459/4468
Consulate of Panama Consulate of Panama
Dupont Plaza Center 1324 World Trade Center
300 Biscayne Blvd. Way 2 Canal Street
Suite 914 New Orleans, LA 70130
Miami, FL 33131 Tel: (504) 3458/3459
Tel: (305) 371-7031/2907 or (504) 469-0864 or
(504) 524-8960
Consulate of Panama Consulate of Panama
4326 El Prado Blvd. 870 Market Street
Suite 4 Flood Building, Suite 551
Tampa, FL San Francisco, CA 94102
Tel: (813) 831-6685 Tel: (415) 391-4269/4268
(813) 251-0316
Embassy of Panama
Consular Section
2862 McPigill Terrace, N.W.
Washington, D.C. 20008
tel: (202) 483-1407
In addition, Panama has honorary consuls located throughout the
United States.
U.S. IMMIGRATION REQUIREMENTS:
Children adopted abroad who have been in the legal custody of
the adoptive parents less than two years must have an INS
approved orphan petition in order to qualify for a U.S.
immigrant visa.
Get Started Early With U.S. Immigration Procedure:
Prospective adoptive parents should be aware that, whether they
identify a child prior to leaving the U.S. or locate the child
on a trip to Panama, certain very time consuming processes will
have to be completed before the required U.S. Immigration
petition(s) (either the preliminary I-600A or the final I-600
petitions) can be approved. These include, satisfactory
completion and submission to INS of a home study of the
adopting parent(s), compliance with any state pre-adoption
conditions, a fingerprint check of those prospective parent(s),
a certified copy of prospective adoptive parents' birth
certificate in U.S. or other evidence of U.S. citizenship of at
least one of the adoptive parents; certified copy of marriage
certificate (if applicable); certified copy of death
certificate or divorce decree, if one or both of the adoptive
parents were married. Individuals planning to adopt should
contact their local INS office to clarify any questions they
may have regarding the required documents of any of the
immigration information round in this handout.
Scheduling Appointment With U.S. Consular Officer:
It is advisable to contact the Consular Section of the U.S.
Embassy in Panama City at least one day in advance to check
that the documents are in order and to set an appointment for
the immigrant visa interview. The Consulate currently holds
these appointments each Wednesday from 10:00 a.m. to 12:00
p.m. If you are outside the U.S. and the child has completed
his medical examination, you will have a preliminary interview
with the consular officer in order to complete form I-604
"Request for and Report on Overseas Orphan Investigation". The
child must be present at the Embassy in order for the immigrant
visa application to be processed. The medical examination must
be performed by a U.S. State Department approved panel
physician. If there are special circumstances, such as a
physical handicap, indicating that the child's care will be
extraordinarily expensive, the adopting parents will not be
required to provide further proof of their financial solvency.
What Documents to Bring With You to U.S. Embassy:
Note: Since each case is different, it is possible that the
Embassy will request additional documents after a preliminary
review of the adoptive child's immigration petition. Documents
which are originally in Spanish should be translated into
English (e.g. the adoption decree). The standard documents
that are required to process the child's petition are as
follows:
1. Certified copy of child's birth certificate issued by the
Civil Registrar of Panama, indicating the name of both
parents if known.
2. Certified death certificate issued by the Civil Register of
Panama if the child's biological parents are deceased.
3. Legal statement of relinquishment of parental rights, and
permission for the child to travel outside of Panama
without natural parents for the purpose of adoption
executed by the biological parents in the presence of the
Tutelar de Menores or Juzgado Circuito.
4. Official adoption decree issued by the court of appropriate
jurisdiction or decree from the Tutelar de Menores
authorizing the child to travel outside Panama for the
purpose of adoption.
5. Valid Panamanian passport for the child.
6. Two 1 3/4 inch color visa photographs.
7. Medical examination by an Embassy approved panel
physician. If the minor has a physical or mental
disability, a notarized statement will be required from
the prospective adoptive parent(s) in the United States
indicating that they are fully aware of the disability of
the minor. This statement can be included in item 19 of
form I-600 and also in the home study if more convenient,
in which case a separate notarized statement will not be
required.
8. Mentally disabled children must be evaluated by a panel
physician to ensure that they are not a threat to themselves or
to society. The evaluation must also indicate if the child is
fit to live with the parent(s) in their residence or if the
child must be institutionalized.
9. In cases where the minor has not been seen or observed in
person by the prospective adoptive parent(s), a notarized
statement by those parents will be required indicating that,
they are willing to adopt or re-adopt the minor in the United
States even though they have never met the child. Both parties
must sign the I-600 after the child has been identified. This
means that if one party has gone abroad to arrange the
adoption, they must mail the original I-600 along with the
child's identity information to be signed by the parent
remaining in the U.S. This is generally done by certified
express courier.
10. If the child has been brought to the U.S. by a third party
(i.e. - a representative from a social organization or adoption
agency,) a notarized statement from the Tutelar de Menores will
be required in order to authorize the individual to bring the
child to the U.S. for the purpose of being adopted. This
statement may be included in the judge's statement authorizing
the child to travel to the U.S.
NOTE: There is no provisions in INS regulations that permit
agents with power of attorney to sign immigration petitions
(I-600). Consequently, even if an agent is physically
accompanying the child to the U.S., the petition must be signed
by the adoptive parent(s), after the child has been identified.
U.S. FEES:
INS Fees for I-600 and I-600A Petitions: There is an INS fee
of $155 for filing an I-600 or I-600A petition. If you have a
valid I-600A and file an I-600 within one year of the approval
of the I-600A, no fee will be charged for the I-600 provided
you are only submitting a petition for one child or for
siblings. If you are petitioning for more than one child and
they are not siblings of the original adoptive child, the I-600
fee will be charged.
U.S. State Department authentication fee: If you are having
documents authenticated by the Department of State
Authentication Office, there is a fee of $4.00 per document.
Medical Examination Fee:
The adopted child must have a medical examination performed by
one of the U.S. Embassy or Consulate's panel approved
physicians before the immigrant visa can be issued. The cost
of this medical examination is approximately U.S. $18.00 and
must be paid by the adoptive parent(s).
U.S. Immigrant Visa Fee: The fee for the immigrant visa is
$200.00, $170.00 for the interview and $30.00 for issuance of
the immigrant visa. This fee does not include the cost of
medical examinations, document authentication or any other
expenses incurred during the petition process. The American
Consulate only accepts cash payments.
ADDITIONAL INFORMATION:
Prospective adopting parents should consult INS publication No.
M-249, "The Immigration of Adopted and Prospective Adoptive
Children" and the Department of State information flyer
"International Adoptions".
AMERICAN EMBASSY ASSISTANCE:
Upon arrival in Panama to try to arrange an adoption, U.S.
citizens should register at the American Embassy, Consular
Section, American Citizens Services. The Embassy will be able
to provide information about any outstanding travel advisories
and to provide other information about Panama including lists
of physicians, attorneys, interpreters and translators. The
American Embassy is located at Balboa Avenue, Panama City,
Republic of Panama. tel: 507-27-1777.
QUESTIONS: Specific questions regarding adoptions in Panama
may be addressed to the Consular Section of the U.S. Embassy or
Consulate. You may also contact the Office of Children's
Issues, U.S. Department of State, Room 4800 N.S.,
2201 C Street, N.W., Washington, D.C. 20520-4818, telephone
(202) 647-2688 with specific adoption questions. Recorded
information concerning significant changes in adoption
procedures is available 24 hours a day at: (202) 736-7000, or
by automated fax (calling from the telephone on your fax
machine) at (202) 647-3000. If the country you are interested
in is not listed, procedures have not significantly changed.
Information on immigrant visas is available from the State
Department's Visa Office, at (202) 663-1225. This 24 hour
automated system includes options to speak with consular
officers during business hours for questions not answered in
the recorded material. Application forms and petitions for
immigrant visas are available from the U.S. Immigration and
Naturalization Service, the nearest office of which is listed
in the federal pages of your telephone book, under U.S.
Department of Justice.
In addition, the State Department publishes Consular
Information Sheets and Travel Warnings. Consular Information
Sheets are available for every country in the world, providing
information such as the location of the U.S. Embassy, health
conditions, political situations, and crime reports. When
situations are sufficiently serious that the State Department
recommends U.S. citizens avoid traveling to a country, a Travel
Warning is issued. Both Consular Information Sheets and Travel
Warnings may be heard 24 hours a day by calling the State
Department's Office of Overseas Citizens Services at
(202) 647-5225 from a touch-tone telephone. The recording is
updated as new information becomes available. In addition,
this information is accessible through the automated fax
machine, as above, and is also available at any of the 13
regional passport agencies, field offices of the U.S.
Department of Commerce, and U.S. Embassies and Consulates
abroad. Furthermore, you may write in requesting information,
sending a self-addressed, stamped envelope to Overseas Citizens
Services, Room 4811 N.S., 2201 C St., N.W., U.S. Department of
State, Washington, D.C. 20520-4818. Finally, information is
available through your personal computer. If you have a
computer and a modem, you can access the Consular Affairs
Bulletin Board (CABB). This service is free of charge, and may
be reached at: (202) 647-9225. Consular Information Sheets and
Travel Warnings may also be accessed by subscribers to many
on-line services. For complete information on accessing
consular information via computer, please request document
1016, entitled "Consular Information Program," from the
automated fax system, which is described in the preceding
paragraph.
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