Factsheet, Page 2
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ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Adopting parents must be 25 years of age and married for five years. There must be a minimum of 15 years age difference 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.
RESIDENTIAL REQUIREMENTS: Under Article 176 of the 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. Although personnel at the US Embassy San Salvador are familiar with many cases where this requirement has not been applied in the past, the Government of El Salvador is now requiring the residency in many situations.
Those on service projects are no exception to this restriction. Situations have occurred when an U.S. citizen is on a service project in El Salvador and seeks to adopt a particular child who appears to be eligible for adoption. Even if the child is adoptable, it is not unusual for that adoptive parent to be determined eligible to adopt “any child other than” the one that motivated the commencement of the adoption process.
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. Due to the high incidence of fraud in adoption cases in El Salvador, 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 : Prospective adopting 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 adopting parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located. The U.S. Embassy in El Salvador has a list of agencies known to work in El Salvador that can be made available upon request. The Department of State does not assume any responsibility for the quality of services provided by these private adoption agencies or their employees.
Please see Important Notice Regarding Adoption Agents and Facilitators at our Web site travel.state.gov.
ADOPTION FEES IN El Salvador: Reliable information is not available at this time regarding costs for adoptions processed under the new family code. In the past, adoptions cost approximately $10,000. U.S. citizens adopting a child in El Salvador are encouraged to report any exorbitant fees to the U.S. Embassy or the Department of State.
OPA investigates the circumstances of the child's family, and seeks to find a close relative who may be willing to care for the child. Once satisfied that the adoption is in the child's best interest, OPA then determines which prospective adoptive parents are a suitable match to the child. The Procurador General, the Director of ISNA and representatives of OPA then make a final decision on whether a specific child may be adopted by a particular set of parents. The Procurador General must sign the approved adoption petition, once the committee makes a decision. The case then goes to a Salvadoran judge, who issues a final adoption decree. This decree is necessary to remove a child to a foreign country and to obtain the immigrant visa.
El Salvador places adoption information in the margin of the child's original birth report. This report is usually written into a bound book kept at the Alcaldia (city hall).
DOCUMENTS REQUIRED FOR ADOPTION IN EL SALVADOR : All supporting documents should be translated into Spanish authenticated by a Salvadoran Consulate or Embassy.
- Power of Attorney for the Salvadoran lawyer to represent the adopting parents;
- Certified birth certificate for the adopting parents;
- Certified marriage certificate for the adopting parents;
- Police clearance for the adopting parents’ municipality;
- Documentation of the adopting parents’ financial situation, (salary statements, bank accounts);
- Home study by an authorized agency. The home study should include general information on the applicants; their family history and social life; personal characteristics; family circumstances; reason for adopting; economic situation; and living conditions, as well as medical history;
- Psychological report (one per adoptive parent);
- Health certificate for the adopting parents and the adopted child;
- Certification issued by the public or state institution of protection for the child or the family;
- Photocopy of the identity card and certified birth certificate of the Salvadoran attorney;
- Photographs of the adopting parents, adopted child, attorneys, and residence of the adopting parents;
- Hospital records of the adopted child, issued by the hospital where the child was born;
- Exact address of the biological parents.
Credits: U.S. Department of State
