Haitian adoptions are highly complex and
challenging to complete. Under Haitian law, they can be completed by an
attorney or a director of one of the creches licensed by IBESR - the equivalent
of Haitian social services. Most Haitian adoptions are accomplished by creche
directors acting as facilitators. Very few attorneys have the extensive amount
of time and dedication required to process an adoption case.
The many
steps listed below must be followed for each and every adoption. Add to their
number the extreme difficulty of accomplishing each one: every step must be
accomplished in person and by hand. Most of the offices listed do not have
computers. There will be no communications by fax or email or even by official
phone calls. Facilitators must visit each office personally to check on the
status of each case, and carry it by hand through the traffic of Port-au-Prince
to the next stage of the process.
Pre-IBESR
Before an
adoption case can be presented to IBESR the adoption facilitator must gather
all of the following documents:
- Intake interview for biological parents with IBESR
- Passport pictures of the child
- Birth Certificate
- Attestation of signature on 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
- Proces Verbal (A court process in which the biological family grants the
creche the right to place their child with your family specifically for
international adoption. Can only be completed after your dossier is in Haiti.)
IBESR and Dispensation
Your dossier can now be
submitted to IBESR. If your family meets all age and marriage/cohabitation
criteria, and either parent has biological children, your dossier can be
pre-approved for Presidential Dispensation and delivered to the Presidential
Palace by IBESR.
Important note: Presidential Dispensation is only for
families with biological children. There can be no Dispensation
requested or granted for parents' age, length of marriage, etc. Dispensations
are published in the Haitian legal journal
Le Moniteur. Following
Dispensation, IBESR will sign off on your dossier and grant an Authorization of
Adoption.
Lower Courts
In many districts, including
Port-au-Prince, adoptive parents must appear before the local Tribunal court and
Dean to sign their agreement to the adoption. Both parents must be present with
the child.
Parquet Court
The 'step' we refer to as
Parquet court is actually a very complex series of steps and processes involving
multiple offices and repeated trips between them.
- Attorney addresses a Request for Judgment to the Chief Justice of Parquet
Court
- Birth parents are interviewed in Parquet Court
- Parquet Court signs off on "approval judgement for adoption"
- Facilitator takes approval to DGI for stamp of authorization
- Back to Parquet for enforcement of the approval judgement
- Authorization and redaction from the Civil Registrar Officer for legal
Adoption Decree
- Verification in Parquet of the adoption documents by the Civil Registrar
before signing the adoption decree
- First Legalization of the Adoption Decree, in Parquet Court
- Second Legalization of the Adoption Decree, at the Ministry of Justice
- Third Legalization of the Adoption Decree, at the Ministry of Foreign
Affairs
- Obtain attestation of Adoption Decree from the National Archives
Ministry of the Interior
All international
adoption cases are reviewed by the Ministry of Interior. In order to obtain
authorization to request a passport, the following documents must be submitted
for each child:
- Four passport sized pictures
- Birth Certificate
- Attestation for the Birth Certificate
- Extract from the National Archives for the Birth Certificate
- 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 of facilitator and/or attorney on the case
- Biological parents' identification cards
- Adoptive parents' MOI form, identification, and passport photos
The Ministry of Interior will grant authorization to submit the
dossier to Haitian Immigrations for a passport.
Haitian
Immigrations
The facilitator will submit authorization to apply for
a passport to Haitian Immigrations. This is generally a quick process - one to
two weeks, if all equipment is working properly.
US
Immigrations
Note to international readers - US Immigrations
performs the most rigorous investigation of international adoptions. Other
nations' Immigrations process are different. Please check with your agency to
learn about the process for your home country.)
Parts of the US
Immigrations process can occur concurrently with the Haitian process, however
USCIS cannot sign off on the case until they have verified the final Adoption
Decree and the child's passport. DNA may be requested at any time.
American families are advised to work closely with their agencies to
ensure a smooth and efficient US Immigrations process for their
child.
Approximately three to four weeks following completion of all
USCIS investigations and adjudication of the I600 for the child, the case will
be forwarded to the Department of State for issuance of a Visa. The Department
of State also has the right to request DNA testing for birth parent and child.
Adoptive parents need not be present for the 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.
Summary
These steps were
provided by Margarette Saint Fleur of BRESMA orphanage. All legitimate adoptions
facilitators must follow each one of them, and must do so under extremely
difficult conditions.
Haitian adoptions take far, far too long. Children
wait in orphanages for months and even years while the adoption proceedings drag
on. And yet, when we look at the immensely complicated process, we must realize
what a miracle it is when each child comes home.
When you travel to pick
up your child at last, thank the people who made your adoption possible. No
amount of money could ever cover the exhaustion and frustration they endure for
each case, and most of them work for very little or no pay at all. Their reward
is seeing the children they live for go home with families who will love and
cherish them for the rest of their lives.
Thank your Haitian adoption
facilitator by telling her how grateful you are for her work, and thank her by
sending her pictures over the years of your child growing up safe and happy. It
is their sacrifices that make our adoptions and our families possible.