Adopting from Argentina: Factsheet

Disclaimer: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child in Argentina and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of Argentina govern all activity in Argentina including the adoptability of individual children as well as the adoption of children in country. 2) U.S. Federal immigration law governs the immigration of the child to the United States. The information in this flier relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of Argentina and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

PLEASE NOTE: Presently, intercountry adoption is not permitted in Argentina. Adoption is restricted to Argentine citizens and permanent resident aliens residing in Argentina. The following information is for U.S. citizens who permanently reside in Argentina who wish to adopt Argentine children.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans

Biological parents may relinquish their children for adoption only through the courts. This release is irrevocable and can only be signed at the court by appointment set by a judge within a 60-day period following the child's birth. It cannot be done immediately following the birth, in order to allow the birth mother time to think about her decision. During this 60-day period, the Court reviews the personal conditions of the biological parents, their age, ability to take care of the child, reasons for the release for adoption and any other considerations and information pertinent to this act. A judge may request the opinion of, technical advice from, and/or the effective participation of the public ministry (Defensor de Menores e Incapaces) to determine the best interests of the child.

A release will not be necessary in those instances when the child is a ward of the court, already an orphan on the streets, or placed in a government institution continuously for more than one year without any indication of interest from the natural parent.

Credits: U.S. Department of State