Adoption Under One Roof

Panama is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Therefore all adoptions between Panama and the United States must meet the requirements of the Convention and U.S. law implementing the Convention.

The following information about adoption from Panama is from the United States Department of State, April 2008.

Who Can Adopt? Prospective adoptive parents must meet U.S. requirements for intercountry adoption. Additionally, Panama has the following requirements for prospective adoptive parents:

RESIDENCY REQUIREMENTS: U.S. citizens are allowed to adopt, but Panamanian citizens are given preference, however there are no official residency requirements for adoption in Panama.

AGE REQUIREMENTS: There must be an eighteen-year age difference between the prospective adoptive parent and the child they wish to adopt.

MARRIAGE REQUIREMENTS: Prospective adoptive couples must have been married for at least two years.

INCOME REQUIREMENTS: There is no minimum income requirement for prospective adoptive parents in Panama.

OTHER REQUIRMENTS: 1. Family line adoptions are allowed: therefore grandparents may not adopt their grandchildren and siblings may not adopt their minor siblings. 2. Same sex couples are not permitted to adopt children. 3. Adoptions of Panamanian children by U.S. parents generally take place in Panama. On occasion, Panamanian courts may grant the U.S. citizens guardianship, so the adoption can transpire following the family’s return to the United States. Although there are no legal impediments to granting guardianship, the two court systems discourage this practice.

Who Can Be Adopted? Children from Panama must meet the requirements of the Hague Convention in order to be eligible for adoption. Therefore the Panamanian courts must attempt to place a child with a family in-country (Panama) before determining that said child is eligible for intercountry adoption. A child must meet the definition of a Convention adoptee.

Eligibility Requirements: Under Panamanian adoption law, adopted children do not have to be orphans, but their biological parent(s) must have legally abandoned them. Panama and the United States legally define “orphan” the same.

Relinquishment Requirements: The birth parent(s) sign a document that “irrevocably” grants custody to release the child for adoption and immigration to the adoptive parent(s) or adoption agency.

Sibling Requirements: The courts do not separate siblings; therefore if a prospective adoptive parent wants to adopt one child, they must adopt the child's sibling as well.

HOW TO ADOPT

Panama’s Adoption Authority is Juzgado de la Niñez y Adolescencia (Children and Minors' Court) and Juzgados Seccionales de Familia (Family Courts).

Role of the authority: The Juzgados Seccionales de Familia have jurisdiction over adoption cases where the child has been placed under adoption by written consent of the child's birth parent(s).

The Process of adopting from Panama follows Hague Convention requirements:

1. Choose an Accredited Adoption Service Provider

 2. Apply to be Found Eligible to Adopt

3. Be Matched with a Child

4. Apply for the Child to be Found Eligible for Immigration to the United States

5. Adopt the Child in Panama

Throughout the provinces in Panama there are 12 district courts. The "Juzgados de Circuitos, Ramo Civil" (Circuit Courts) will handle some adoption cases in provinces that do not operate with either legal system.

1. The Juzgado de la Niñez y Adolescencia: handles adoption cases of abandoned children, wards of the court, or orphans.

2. The Juzgado de la Niñez y Adolescencia: this is the legal system for orphan adoptions in Panama. All courts require proof from the U.S. government (such as the I-800A approval notification that the parent(s) are eligible for adoption).

TIME FRAME: An adoption from Panama typically takes 18-24 months.

ADOPTION APPLICATION: Both the Juzgado de la Niñez y Adolescencia and the Juzgados Seccionales de Familia courts have similar processes for international adoption.

Generally the prospective adoptive parent(s) and their attorney communicate with the judge's staff until the “demanda” is ready for review. If the demanda is approved by the judge, the adoption documents will be forwarded to the "Registro Civil de Panama" (Civil Register). The adoption is final when it is published in the Civil Register and the judge has signed a final decree.

ADOPTION FEES: The payment of any fees that are not properly receipted is highly discouraged by the U.S. Embassy in Panama . “Donations” or “expediting” fees, which may be requested from prospective adoptive parents, give the appearance of “buying” a baby and put all future adoptions in Panama at risk.

Attorney fees: In Panama these fees vary from $1000 to $2500; government processing fees vary on a case by case basis. Your adoption agency must itemize the fees and estimated expenses related to your adoption process in the adoption services contract that you sign at the beginning of the adoption process.

Some of the documents you will be required to provide: (all documents must be translated to Spanish):

1. Birth certificate of adoptive parent (s)

2. Marriage certificate of each adoptive parent; death or divorce certificate if either parent was previously married.

3. Health certificate providing evidence of good mental and physical health of each parent

4. Certificate of good conduct from local police in adoptive parents’ state of residence (The I-800A does not fulfill this requirement.);

5. Letter from employer(s) stating position and current salary;

6. Two passport size photographs of each parent;

7. Two reference letters (attesting to character, financial situation, and living conditions of adoptive parents)

8. Sociological home study report conducted by U.S. social worker or U.S.-certified investigative agency (approved by the Panamanian courts).

9. Psychological evaluation conducted by authorized medical officer in Panama or a U.S.-certified medical official approved by the Panamanian courts.

For indepth information on adopting from Panama, go to the Department of State Website.

Image Credit: Wikipedia