Factsheet, Page 2
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DOMINICAN REPUBLIC ADOPTION PROCEDURES:
Relinquishment of Parental Rights of the Biological Parent(s):
Consent of the biological parent is required under Dominican law in order to adopt a minor child. If one of the parents is deceased or is incapable of expressing his or her will, the consent of the other parent is considered sufficient under Dominican law. If the parents are separated or divorced, the consent of the parent having custody is essential. If the parent not having custody has not given his or her consent, said parent must be notified of the impending adoption. Three months must elapse after the notification before the adoption can be pronounced or finalized. The consent of the biological parents may be incorporated into the adoption decree or it may be given in a separate sworn statement before a notary, before a Justice of the Peace of the domicile of the child. (PLEASE NOTE: a child out of wedlock in the Dominican Republic is placed in the same legal position as one born in wedlock once the child has been acknowledged by the father in accordance with Dominican law and hence qualifies as a "legitimated" child under Section 101 (b)(1)(C) of the Immigration and Nationality Act (INA). Article 14 of Law 14-94 was amended on January 1, 1995. Prior to this enactment, legitimization was accomplished only through acknowledgment of the biological offspring followed by the marriage of the parties.
The petitioner has to establish to USCIS that the beneficiary qualifies as an eligible orphan within the meaning of Section 101(b)(1)(F) of the INA. In accordance with Chapter 8, Code of Federal Regulations, Section 204.3(a), an alien is eligible for classification under 201(b) of the Act as an orphan if he or she meets the definition of child contained in Section 101(b)(1)(F) of the Act, previously cited. The burden of proof is on the petitioner to establish eligibility for the benefits sought.
Abandonment:
If both parents of the minor child are deceased or if they are incapable of expressing their will, the consent can be given by the legal representative of the child. When the parents are unknown, the consent is given by the child's legal guardian. The legal guardian is appointed by the Secretaria de Estado de Salud Publica y Asistencia Social or by a judicial authority. As defined by Section 204.3 (b) of the Code of Federal Regulations (CFR): abandonment by both parents means that "the parents have willfully forsaken all parental rights, obligations, and claims to the child, as well as all control over and possession of the child, without intending to transfer, or without transferring, these rights to any specific person (s)." Abandonment must include not only the intention to surrender all parental rights, obligations, and claims to the child, and control over and possession of the child, but also the actual act of surrendering such rights, obligations, claims, control, and possession.
The relinquishment or release of the child by the parents to a third party for custodial care in anticipation of, or preparation for, adoption does not constitute abandonment unless the third party is authorized under the child welfare laws of the foreign sending country to act in such capacity.
Article 119 of Law 14-94 defines as physically abandoned any child or adolescent who lacks someone to provide him with food, or having someone, that person lacks the ability to provide it, or a child that is deprived of sufficient food, attention or education such that his physical or mental health might be compromised. In addition it defines moral abandonment as not receiving attention or supervision from his or her parents.
Judicial Proceedings:
The adoption proceedings take place in a Dominican court of law. The court issues the adoption decree which must be finalized at a public hearing. An extract of the decree is published in the Official Gazette (Gaceta Oficial) and in a newspaper with wide national circulation. Within three months of the public pronouncement of the decree, the adoption is entered at the Civil Registry where the child was born. The adoption must also be entered/registered in the Central Civil Registry in Santo Domingo and at the Board of Elections (Junta Central Electoral).
AGE AND CIVIL STATUS:
Under Dominican law, a single individual, married couple, or unmarried couple may adopt a child. A single individual must be at least 25 years old and at least 15 years older than the child. A married couple may adopt a child if one of the spouses is at least 25 years old. If the couple is unmarried, the partners must have at least 5 years of known and uninterrupted union.
The entire adoption process in the Dominican Republic, from the original release of the child for adoption to the final adoption decree may take six months or more.
ATTORNEYS AND ADOPTION AGENCIES:
Adoptions can be arranged through private adoption agencies working with Dominican attorneys or directly with Dominican attorneys. If a private attorney is retained, the cost can be as high as five thousand dollars, but this includes locating the child and providing a caretaker and room and board until the child is turned over to the adopting parent(s).
Credits: U.S. Department of State
