Home   >   Living Here   >   Legal Hints   >   Adoptions In Nicaragua

Adoptions In Nicaragua

Our good friend, Zaira, is a lawyer in Granada and is known to many as a knowledgeable and honest resource for property sales. Many do not know she also has handled adoption legal proceedings for over 10 years. Zaira explains the process after I give some basic information about adoptions in Nicaragua.

In 2011, U.S. citizens adopted approximately thirty children from Nicaragua. According to Nicaraguan law, prospective adoptive parents must either be Nicaraguan citizens or have a permanent residence in Nicaragua and plan to remain in Nicaragua until the child reaches the age of majority. In the cases of U.S. citizens with an approved  form I-600 or I-600A, the residency requirement is typically waived.

Married couples and single parents may adopt from Nicaragua and the adopting parent(s) must be between 25 and 55. More than one child may be adopted at one time with siblings being encouraged. Nicaraguan children may range from infancy to pre-teens but no guarantee that the age range is available. There may be an extended waiting period if parents request an infant child.

Poverty is the largest reason that fuels the need for adoptive families and many families in Nicaragua cannot feed and clothe the children, trusting that the orphanage can provide a better life for them. The number of abandoned children is very high. The good news is that the average size of a Nicaraguan family is shrinking.

DB

My name is Zaira Guadamuz.  I am an Attorney at Law and Public Notary of the Republic of Nicaragua and reside here in Granada.  Today, I will address the adoption process in Nicaragua.

Unfortunately there are many people who wish to become parents but unable or wish additional children. The good news is that the adoption pathway does exist in Nicaragua. More importantly, children who have suffered abandonment from those who should have protected them, then have the opportunity to live in a real home. This turns the legal adoption process into a win-win solution for both parties.

I have had the privilege of working in adoption cases for over ten years, of which the vast majority has come to completion with total success. In Nicaragua, the concept of Adoption is safeguarded by Article 79 Cn. of the Political Constitution of the Republic of Nicaragua, but it is governed by the ordinary Law.  Act 862, Adoption Law, is currently in force in Nicaragua since 1981, when it was passed; it was subsequently amended in 2007. At this time, the Family Code is in the process of approval, to regulate the adoption process once it enters into force.

The adoption of Nicaraguan children can be requested by Nicaraguan citizens or residents and nonresident aliens. The requirements to meet for Nicaraguan citizens as well as for resident aliens are:

  • Letter addressed to the coordinator of the National Counsel of Adoptions
  • Birth Certificate
  • Copy of ID
  • Certificate of Criminal Record
  • Health Certificate
  • Wage record
  • Two card-size pictures
  • Recommendation Letters

The background study of the Nicaraguan couples or resident aliens is conducted by a team of the Ministry of the Family. Besides the requirements mentioned above, nonresidents need to meet other requirements such as home studies, adoption agency commitments to send follow-ups, their own government approvals and letters of recommendation from family and friends, etc.   Their civil documents in this case must be issued by the authorities of their country of origin and be duly authenticated by the corresponding Nicaraguan consular representation (Diplomatic Channels), and finally performs a translation of each document in accordance to the Nicaraguan law.

The adoption process has two stages:

The Administrative Stage:

This is managed by the Family Ministry. Once the request is submitted and the requirements are met, the National Counsel of Adoption reviews the files for their approval.  Later, the applicants are put on a waiting list in order to obtain the proposal for a girl or a boy according to the requested characteristics. After the proposal is received and prospective children are found, the applicants are introduced to the child in order to initiate the process of adapting process.  During the adapting process the social workers of the Family Ministry visit the household and verify that the process is being properly carried out. Once the adapting process concludes, the Adoption Counsel issues its final resolution.

The Judicial Stage:

Later, when the applicants receive the final resolution, they introduce the case before a Family Court in order to obtain a final decree of adoption. The said final resolution orders the issuance of the birth certificate of the adopted child bearing the last name of the adopting parents.

It is important to note that nonresident adopters must remain in Nicaragua once they meet the child until they travel to their country of origin, where he/she will reside; this process takes approximately 16 weeks.  If the adopter is a married couple, only one of them must remain in the country but they both must attend the judicial process.

In any adoption process whether they are national citizens, resident or nonresident aliens, it must be clearly stated the gender and approximate age of the child to be adopted. The prospective parents will not meet their child until the day the adapting process starts. The maximum age for adopting a child is 55 years old; currently, single nonresident aliens are permitted to adopt but once the new family code comes into force, it will not be possible anymore.

It takes approximately 18 to 24 months for the whole adoption process to finish, from the initial request through the end of the judicial process.  The new family code, which is still under discussion at the congress, aims to expedite the adoption process.

In order to avoid setbacks during the process, it is important that you consult a legal practitioner with expertise on the subject.

Greetings to everyone,

Zaira Guadamuz

Email: [email protected]

Website: www.nicaragua-legal.com

Please visit our website to see all of our service offerings.