‎International Adoptions in Brazil

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How should the person residing abroad and who wishes to adopt in Brazil proceed?

The foreigner or even a Brazilian resident outside the country that intends to adopt Brazilian children, must seek the central authority in matters of international adoption in their country of residence, in order to apply for authorization for adoption in Brazil.

How should the Brazilian resident abroad who wants to adopt a Brazilian child?

Art. 51 of the Child and Adolescent Statute (ECA): “International adoption is considered to be one in which the applicant has habitual residence in a country party to the Hague Convention, of May 29, 1993, relating to the Protection of Children and to Cooperation in Matters of International Adoption, promulgated by Decree No. 3,087, of June 21, 1999, and wishes to adopt a child in another country party to the Convention. 1993) will obey the same procedure as a foreigner residing abroad, and must comply with the rules defined for international adoption. However, the Brazilian resident abroad will have priority over foreigners when it comes to order in the registration of applicants for CEJAI-RJ.

Can Brazilians residing abroad adopt relatives? Nephews, for example? What are the procedures?

Yes. Although it is an adoption between relatives, the procedure is the same as that which must be followed for any other qualification for international adoption. Compliance with these rules guarantees adoptees the rights to legal entry, residence and citizenship in the host country.

Is it possible for candidates for international adoption to visit childcare institutions in Brazil?

No. There should be no contact between the prospective adoptive parents and anyone who has custody until CEJAI's authorization is granted.

Who makes children available for international adoption?

Only the judge of the Childhood and Youth Court of the child's region or region of origin can make it available to CEJAI-RJ.

What is the average age of children available for international adoption at CEJAI-RJ?

Children can only be nominated for international adoption if there are no Brazilians interested in adopting them. The judge responsible for the child will have to consult the National Adoption Register in search of Brazilian applicants and can only refer them for international adoption if they do not find applicants in that Register. As the profile of Brazilian adopters has been changing in recent years, with the acceptance of older children, groups of siblings and children with health problems, what happens in practice is that only children aged 10-10 years old are available for international adoption. This age may be lower if the child is indicated with older siblings or if he / she has health problems. Currently, the children available for this CEJAI are 10 years of age or older.

How is the qualification of the applicant residing abroad sent?

Those interested in International Adoption should look for an accredited body for their country and Brazil, which will mediate the adoption and arrange for the documents to be sent. If there are no accredited bodies, the process must be sent via the Central Authority of your country.

How long does the international adoption process take on average?

There is no way to estimate a deadline. The waiting time depends on the profile of the desired child. The younger the child, the longer the waiting time and the older, the faster the indication.

How long must applicants stay in Brazil to carry out international adoption?

The stay of the applicant for adoption in Brazil, is only required during the coexistence stage, which only occurs after the indication and acceptance of the child, and qualification of the applicant in CEJAI. The coexistence internship lasts between 30 and 45 days, but after this period it will still be necessary to remain in Brazil in order to provide the necessary documentation for the child / adolescent to be able to leave Brazil.

After the adoption is complete, is it possible for the adoptive parents to lose their child to their biological parents?

No. Adoption in Brazil is irrevocable and one of the requirements for the child to be made available for international adoption is that he is an orphan or that his biological parents have lost Family Power through an irrevocable judicial sentence.

Is it true that there are not as many children for adoption in Brazil as people imagine?

Some foster children are in the institution provisionally and will return to their original family. Others are older children / adolescents or those with health problems, whose profile is not in line with that of applicants for adoption, and there are also children who are not fit or available for adoption.

In international adoption, does the child lose Brazilian nationality? She may have a Brazilian passport.

The Brazilian child adopted by foreigners will have dual nationality and will have a Brazilian passport.

How should Brazilians residing in Brazil who wish to adopt a child from another country? First, the applicant should consult the page of the Hague Convention, to see if the country he has chosen to carry out international adoption is a country party to the said Convention.

If the country is a signatory to the 1993 Hague Convention, the applicant must go to the District Court for Children and Youth and carry out the procedures for the qualification, stating, from the beginning, that the qualification is for international adoption. After the qualification, at the request of the interested party, copies of the process of the Child and Youth Court must be sent to CEJAI. The applicant must indicate the country of origin of the intended child. CEJAI will do all the processing, and will inform ACAF (Central Federal Administrative Authority) of the applicants' interest in adopting in that particular country. ACAF, in turn, will consult with the authorities of that country on the interest in adopting their children / adolescents to Brazil. If the answer is positive, CEJAI will issue the Qualification Report, and the documents will be sent to the Central Federal Authority, translated by a sworn public translator, who in turn will send them to the country chosen by the applicant for international adoption.

Having overcome all these steps, which take time, since we depend on the response of foreign authorities, applicants must wait for children to be appointed, which is done by the country's authority, according to their interest and convenience

important to note that:

We are not aware of which countries have children available for international adoption, or what their age group would be. The most common is the reverse process, that is, foreigners are qualified to adopt Brazilian children.

The process is expensive, since it will be necessary to make a sworn public translation of all documents, and if there is any child accepted, applicants must spend some time in the child's country of origin for a living experience. Foreigners who adopt in Brazil stay here for around 50 days.

It is impossible to calculate the waiting time.

We have no guarantee that adoption will occur.

Is it possible for a Brazilian resident in Brazil to adopt Syrian children?

No. CEJAI will only be able to broker adoptions for countries that are signatories to the Hague Convention, which deals with the protection of children and international adoption. Unfortunately, Syria is not a signatory to the Convention.

In addition, the rules of international adoption are very strict and become even stricter when it comes to children from countries in conflict situations. It is not recommended to adopt children in these situations.

Can Brazilians residing abroad adopt relatives? Nephews, for example? What are the procedures?

Yes. The procedure is the same as that which must be followed for any other international adoption qualification.

What is the approximate cost of international adoption costs.

Adoption in Brazil is free. We have no way of estimating the costs of translations, consular documents, services of the foreign body, tickets and stay in Brazil.

Can residents of countries that are not signatories to the Hague Convention of 29 May 1993 adopt children in Brazil?

No. CEJAI will only be able to broker adoptions for countries that are signatories to the Hague Convention, which deals with the protection of children and international adoption.

ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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