WHAT IS INTERNATIONAL ADOPTION?
“International adoption is considered to be adoption in which the applicant person or couple is resident or domiciled outside Brazil (…)” (Art. 51/ECA).
“Adoption assigns the adopted child the same rights and duties (…)” (Lei nº 8.069/90; ECA/Art.41).
HABILITAÇÃO DE PRETENDENTES – INTERNACIONAL:
In the case of a foreigner or Brazilian resident outside Brazil, the interested person should seek, in the country of residence, an accredited body (entity/association) to mediate international adoption. This Office must be duly qualified in its country and in Brazil, in compliance with the rules established by the Hague Convention.
These organizations can only operate in Brazil if they are registered with the Federal Police and accredited by the Federal Central Administrative Authority (ACAF) in Brasilia, according to the provisions of Ordinance n. 14/2000, created pursuant to Decree n. 3174/1999, by the State Secretariat for Human Rights.
The CEJA/PB is responsible only for enabling applicants for international adoption, in other words, the Commission will say whether or not they are able to adopt; the adoption action itself is formulated and implemented through the Childhood and Youth Court.
- Document issued by the competent authority of the domicile, proving its access power;
- Psychosocial study prepared at the place of residence of the applicants; text relevant to the legislation on the international adoption of the applicant’s country of residence with proof of validity;
- Marriage or birth certificate;
- Passport copy;
- Criminal records;
- Certificate of Moral Suitability;
- Proof of address;
- Proof of income;
- Current photographs (of applicants and residence).
OBS: All photocopied documents must be certified by the consular authority and must be accompanied by their translations through a certified public translator.
The Office responsible for intermediating the qualification of the foreign applicant should send a dossier of the interested, containing all the social, psychological, affective, medical, financial history, etc. to the CEJA/PB. Once the dossier is received, it will be assessed by the Secretariat and sent to the CEJA’s President, for an inaugural order to send it to the Public Prosecution Service. It can also be determined the manifestation of the Technical Sector, which usually happens. If necessary, the complementation of documents will be required, which must be fulfilled by the representative within the stipulated period.
After all the proceedings, the case will be referred to the Bureau for judgment by the Commission. After the trial, the Qualification Report is issued and delivered to the representative, or to the person concerned, who will await the call of the Child and Youth Court, when a child or adolescent is available for international adoption.
If there is a child or adolescent in a defined situation and if the search for the National Adoption Registry (CNA) is negative – that is, if there is no Brazilian interested in adopting that child or adolescent – the judge will ask CEJA/PB for the list of interested in international adoption, requesting the Team to contact the representative of the organization about the profile of the applicants – whether that child or adolescent meets the applicant’s wishes. If so – applicant/child – the Child and Youth Court should ask the Commission to issue the “Continuity of Procedure Certificate” (Art. 17, letter “c”, of the Hague Convention). This certificate allows the applicant to be notified that he/she is being called to come to Brazil in order to begin the coexistence stage. As soon as the applicant receives this Certificate, he/she must send to CEJA/PB, in his/her own language, “Authorization to start the adoption process”, which must be signed by the parties and the Central Authority of their country.
After all the procedure, with the final report of the Internship Stage issued by the competent Technical Sector of the Child and Youth Court, if the adoption is upheld, the CEJA/PB will be asked to issue the “Certificate of Conformity of the International Adoption” (Art. 17 of the Hague Convention).