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 legal counsel.
PLEASE NOTE: All international adoptions in Peru must be processed through a Peruvian-approved U.S. adoption agency. As of April 2001, there are 14 approved agencies. There is a different process for domestic adoptions, which may be requested by Peruvian nationals, some blood relatives, or non-Peruvians who have lived in Peru for more than two years. Please note that these procedures for domestic adoptions do not always comply with U.S. and Peruvian international adoption requirements and often cause problems when Americans who have completed the adoption of a Peruvian child are applying for the child''s U.S. immigrant visa.
GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Peru and applying for an immigrant visa for the child to come to the United States. This process involves complex foreign and U.S. legal requirements. U.S. USCIS and consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parents, the biological parents and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Peru before formalizing an adoption agreement to ensure that appropriate procedures have been followed, which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.
AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans (IR-3 and IR-4 visas combined)*:
*Immediate Relative (IR)-3 visas are issued to orphans adopted in Peru. IR-4 visas are issued to orphans adopted or re-adopted in the United States.
A Peruvian child must be abandoned in order to be eligible for international adoption. A Peruvian court must make a legal finding of abandonment before the child is assigned to prospective parents. In effect, this provision prohibits so-called "direct" adoptions, in which the birth parent gives a child directly (or via an intermediary) to prospective parents for adoption, and prohibits adoptive parents from searching for and locating a child on their own. At the current time, there is a scarcity of infants available for adoption and a large number of prospective adoptive parents wishing to adopt infants.
Although Peruvian law allows children up to age 18 to be adopted, it is important to note that U.S. law requires that the I-600 petition to classify an adopted child as an immediate relative be filed before the child''s 16th birthday.* See below under "U.S. Immigration Requirements" for more information on filing the I-600.
Credits: U.S. Department of State
To see local Peru Adoption resources, please select a location (U.S. only):
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