The Haiti Adoption Process

Updated 12/26/13

This post should help give everyone an idea of the steps in our adoption journey.
That way, when we post on facebook or make an announcement at church something like this-- "We exited IBESR!" or "We cleared the 1st stage of Parquet!" or "We are now in MOI!"--you will know what we are talking about! :-)

Many people have asked how the Haitian adoption process works.  Unfortunately, that question has no simple answer.  The adoption policies and procedures in Haiti actually changed during our process (implementation began January 2013).  Adoption agencies and creches (orphanages) are waiting and watching to see how the new procedures, and soon new adoption laws, play out for families early in the process (like us).  One big change is that creches and adoption agencies will no longer be allowed to match children available for adoption with adoptive parents.  IBESR (Haitian social services) will be making the matches.  They will look at an approved family's file (dossier) and look at files of available children and then make a match (referral) for the family.

In our case, the creche we are working with and our adoption agency already approved us to adopt W.  There is some risk to this, since the new adoption laws will soon be going into effect.  When all of our paperwork (dossier) and W's paperwork is ready to enter IBESR, a letter written by our agency/creche will accompany it.  This letter requests that IBESR will honor/allow our match to a particular child--W.  Please pray with us that they will!!!

What happens to our dossier once it reaches Haiti? 
Note:  Since W's family and his background are unknown, the adoption steps below that refer to the Biological Parents do not apply.  Currently, his adoption file needs only one more document, his official birth certificate from court, and then it will enter IBESR.

Also Note:  President Martelly signed Haiti's New Adoption Law in November, so the new procedures are officially in effect.  This does alter some of the steps outlined below.  To my knowledge, no "New Process Families" have made it through Step 4.  This is a "watch, wait and see" time as things unfold.  And I guess you could say that our family gets to be one of the guinea pigs as the new procedures are ironed out.  Another exciting adoption ADVENTURE! ;-)

Step one
Ministry of Foreign Affairs (MFA) - Authenticating the dossier documents:  

It is the first legal step for your dossier and can take 2-4 weeks.

Step two
Preparation of the parents' dossier for IBESR (Haitian Social Services Department)

When your paperwork is at Foreign Affairs, it must be prepared to enter IBESR.

Documents will also be collected into a file for the child you are adopting:

-passport pictures

-Birth Certificate (and attestation of signature on the birth certificate, or extract from the National Archives (??)

-Legal relinquishment of custody from the biological family to the orphanage from the local judge

-Psychological evaluation

-Medical evaluation

-Laboratory tests

-Social History

Step 4:   (We entered this step in December--praise God!)
IBESR

IBESR officials will look over your documents and decide whether or not to approve your request to adopt from Haiti.

The adoptive parents are now being required by IBESR to travel to Haiti for a 2 week bonding visit with the child they have a proposed match to.  "Once the express approval of the adoptive parents has been received [once they have agreed in writing to adopt the child they are matched with], the Haiti Central Authority authorizes a socialization period between the adoptive parents and the child. This socialization period is mandatory; it can be less than 2 weeks, for domestic or for international adoption." (Article 52)

 A social worker from IBESR will observe the child and adoptive parents interactions and will write a report.  It is my understanding that the social worker from the child's creche will also make observations and write a report to submit to IBESR.  Then..."The Central Authority, within the 10 days after the socialization period, delivers or rejects authorization for the adoption based upon an evaluation rapport." (Article 53) 

To gain final IBESR approval, you must gain approval signatures from the:

IBESR director, IBESR lawyer, IBESR head of adoption services and the IBESR social worker.

Step 5
Parquet - The "Court Phase":

1. The attorney for your child's creche submits a Request for Judgement to the Chief of Parquet Court

2. Birth parents are interviewed, if alive

3. Parquet Court signs off on "approval judgement for adoption"

4. Adoption facilitator takes the approval document to the DGI (Director General of Taxes) for his stamp of approval

5. Back to Parquet for enforcement of approval

6. Civil Registrar Officer authorizes and redacts (pulls all the information together) and readies the paperwork for the legal adoption decree

7. Civil Registrar Verifies all the adoption documents

8. Civil registrar signs the Adoption Decree!

9. FIRST LEGALIZATION of the Adoption Decree in Parquet Court

10. SECOND LEGALIZATION of the Adoption Decree at the Ministry of Justice

11. THIRD LEGALIZATION of the Adoption Decree in the Ministry of Foreign Affairs

12. The Adoption Decree goes to the National Archives to be registered.  Once it has been registered, you can retrieve a copy of it (or your adoption worker can). Send the copy to be added to your USCIS paperwork to file with your I-600 paperwork for your return trip home with your child.

Note:  The adoptive parents may or may not be required to come to the Second Court stage. 

Step 7
Ministry of the Interior (MOI) - the Passport application process; the child's passport is issued with the adoptive parents' last name

-The adoption facilitator collects and submits the following:

Four passport sized pictures

Birth Certificate

Attestation of Birth Certificate

Extract from the National Achives for the Birth Certifcate

Relinquishment

Proces Verbal of Adoption

Adoption Approval Judgement

Adoption Decree

Attestation of the Adoption Decree

Power of Attorney for Creche Director and/or attorney

Stamp from DGI

Notary Letter for the Passport

Identification card for the facilitator and/or attorney

Biological parents identification cards

Adoptive parents MOI form, identification and passport photos

-The Ministry of Interior grants authorization to submit the dossier to Haitian Immigration for a passport.

Step 8
Passports:

Your Haitian adoption facilitator (from the creche) submits the authorization from MOI to Haitian Immigration.  Haitian Immigration prints and issues your child's passport.

Step 9
Visa Medical Examination:

The child is taken to have a medical exam which is required as part of the U.S. Visa application process. 

Step 10

The 1-600 U.S Immigration form - The I-600 petitions to bring the named child home to the U.S.:
An I-600 form is filed with USCIS (U.S. Immigration).  You will receive updates on where you are in this process. Your provisionally approved I-600 will then be sent to the Embassy in Port Au Prince for the biological parents to be interviewed.

Once approved by USCIS, you will receive the I-171 form, which classifies an orphan as an immediate relative of yours (the adopted child as your child).

Step 11   
The U.S. Consulate:

Following completion of all USCIS investigations and adjudication of the I-600 for the child, the case is forwarded to the U.S. Department of State for issuance of the travel visa.  Adoptive parents may or may not need to be present for the visa appointment in Port Au Prince, Haiti.
During this process, the adoption facilitator submits several legalized adoption documents to the Consulate for review. 

Step 12
Receive date of Visa Appointment:
Some adoptive parents travel to Port Au Prince for the visa interview, otherwise their Power of Attorney (the adoption facilitator) goes.  The child is be taken to the Embassy for the final immigration visa interview.

Step 13
Visa Appointment:
Parents who can prove that they visited their child prior to the issuance of the Adoption Decree by Parquet Court will be issued an IR-3 Visa. Their children will be automatically granted full US Citizenship upon arrival in the US

Families who did not visit their children prior to the date of the Adoption Decree must file for citizenship for their children. Failure to file for citizenship will leave the child as a legal immigrant and unprotected by the rights of full citizenship. Please refer to the USCIS website for form N-600 and instructions on how to file

Step 14
Receive exit letter from IBESR

This step is a formality and allows IBESR to track which of the adoptions they have approved have actually received visas to leave Haiti.

Step 15
Pick up your child and fly home!!!


**For a more detailed explanation of these steps, go here:  http://kashaiti.blogspot.com/p/hatian-adoption-process.html