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Intercountry Adoption > Country Information > Costa Rica Intercountry Adoption Information
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Exercise increased caution in Costa Rica due to crime.
Country Summary: While petty crime is the predominant threat for tourists in Costa Rica, violent crime, including armed robbery, homicide and sexual assault, occurs in Costa Rica. The Costa Rican government provides additional security resources in areas frequented by tourists.
Read the country information page for additional information on travel to Costa Rica.
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The Hague Convention on Intercountry adoption, which entered into force for the United States on April 1, 2008, requires that all adoptions between the United States and Hague Partner countries have certain safeguards that ensure the adoption is in the best interest of the child. Every step of The Hague Adoption process was developed to address past abuses. The Costa Rican Central Authority for the Hague Convention in respect to Intercountry adoption is the Patronato Nacional de la Infancia (PANI). PANI is the Costa Rican child welfare authority. PANI will not accept private-direct-adoptions. There are no exceptions to this rule. Private adoptions are those that are not handled by the Costa Rican Council on Adoptions (PANI), but are arranged by an attorney and approved by a judge. There have been allegations of fraud in connection with private adoptions, and the Costa Rican National Council on adoptions strongly discourages them.
All international adoptions in Costa Rica should go through PANI. PANI prohibits adoption of children less than five years of age, except in cases in which the child is part of a family group, or in cases where the child may have disabilities that will cause difficulties in placing the child. Another important requirement is the post-adoption reporting that the adoptive parents need to send to the country of origin of the children. PANI is very strict with this requirement and they require a post-adoption report for a period of two years, every six months. U.S. adoption providers and adoptive parents must comply with this requisite
Costa Rica is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Therefore all adoptions between Costa Rica and the United States must meet the requirements of the Convention and U.S. law implementing the Convention.
In order for an adoption application to meet the requirements of the Hague, a U.S. consular officer must review the case file and issue an "Article 5 Letter" to PANI before an adoption or grant of legal custody takes place. Therefore, prospective adoptive parents are cautioned to carefully follow in order the steps outlined in the "How to Adopt" Section below.
Note: Special transition provisions apply to adoptions initiated before April 1, 2008. Learn more.
To bring an adopted child to the United States from Costa Rica, you must meet certain suitability and eligibility requirements. USCIS determines who is suitable and eligible to adopt a child from another country and bring that child to live in the United States under U.S. immigration law.
Additionally, a child must meet the definition of a Convention adoptee under U.S. immigration law in order to be eligible to immigrate to the United States with an IH-3 or IH-4 immigrant visa.
In addition to being found suitable and eligible to adopt by USCIS, prospective adoptive parents seeking to adopt a child from Costa Rica must meet the following requirements imposed by Costa Rica:
Minimum Residency: None
Age of Adopting Parents: Prospective adoptive parents must be at least 25 years of age and under 60 years of age and must be at least 15 years older than the child they wish to adopt. In a case when multiple children are being adopted, the 15-year age cap will be considered with the youngest child.
Because Costa Rica is party to the Hague Adoption Convention, children from Costa Rica must meet the requirements of the Convention in order to be eligible for intercountry adoption. For example, the adoption may take place only if the competent authorities of Costa Rica have determined that placement of the child within Costa Rica has been given due consideration and that an intercountry adoption is in the child’s best interests.
In addition to qualifying as a convention adoptee under U.S. immigration law, the child must also meet the following requirements imposed by Costa Rica:
Eligibility for adoption: Under Costa Rican law, adopted children do not need to be orphans (both parents deceased). They must, however, be abandoned or irrevocably surrendered for adoption. Abandoned children may be living in a government facility, in a private orphanage or foster home, or in the custody of a relative or friend. Children may also remain in the custody of a biological parent prior to formal relinquishment of custody before a judge. Children eligible for adoption must undergo a psychological assessment conducted by PANI to determine whether they are prepared to be adopted by foreign prospective adoptive parents.
Age of Adoptive Child: Under current Costa Rican law, there is no minimum age requirement for an adoptive child. However, due to the principle of subsidiarity and high domestic interest in adopting younger children, it is highly unlikely that a child under the age of five will be placed with an international family, except in cases of sibling groups or children with particular health conditions or disabilities. Please note that for a child to meet the definition of Convention adoptee under U.S. immigration law, a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, must be filed on the child’s behalf while the child is under the age of 16 (or under the age of 18 if the child is the birth sibling of another adopted child who meets the age and other requirements to immigrate based on adoption by the same adoptive parent(s)). Please see the USCIS website for special rules on filing dates for children aged 15-16 or siblings aged 17-18.
Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are eligible for adoption. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when possible. In such cases, the birth parent(s) have not relinquished their parental rights or consented to the adoption of their child(ren).
Warning: Do not adopt or obtain legal custody of a child in Costa Rica before: 1) USCIS has approved your Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, 2) the Central Authority of Costa Rica has determined the child is eligible for intercountry adoption, 3) USCIS has provisionally approved your Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, and 4) a U.S. consular officer has issued an “Article 5/17 Letter” in the case. Read on for more information.
Costa Rican Adoption Authority
The Patronato Nacional de la Infancia (PANI)
The Process
Because Costa Rica is party to the Hague Adoption Convention, adopting from Costa Rica must follow a specific process designed to meet the Convention's requirements. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order so that your adoption meets all necessary legal requirements. Adoptions completed out of order may cause significant delays or result in the child not being eligible for an immigrant visa to the United States.
1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider That Has Been Authorized by Costa Rica’s Central Authority] to Operate in Costa Rica
The first step in adopting a child from Costa Rica is to select an adoption service provider in the United States that has been accredited or approved to provide intercountry adoption services to U.S. citizens and that has been authorized by the Government of Costa Rica. A primary provider must be identified in each Convention case and only accredited or approved adoption service providers may act as the primary provider in your case. Your primary provider is responsible for:
Learn more about Agency Accreditation.
2. Apply to USCIS to be Found Suitable and Eligible to Adopt To adopt a child from Costa Rica, you will need to meet the requirements of the Government of Costa Rica and U.S. immigration law.
After you choose an accredited or approved adoption service provider, you must be found suitable and eligible to adopt by USCIS by submitting Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country. You will need to submit a home study, provide biometrics, and cooperate in a background check as part of this application. Read more about Suitability and Eligibility Requirements. Unless an exception applies, the home study must be prepared by a person who is authorized under 22 CFR 96 to prepare home studies and must comply with the requirements in 8 CFR 204.311.
3. Apply to Costa Rica’s Authorities to Adopt, and be Matched with a Child
Submit Your Dossier to the Central Authority
After USCIS determines that you are suitable and eligible to adopt and approves the Form I-800A application, your adoption service provider will provide your approval notice, home study, and any other required information to the adoption authority in Costa Rica as part of your adoption application. Costa Rica’s adoption authority will review your application to determine whether you are also suitable and eligible to adopt under Costa Rica’s law.
Receive a Referral for a Child from the Central Authority
If both the United States and Costa Rica determine that you are suitable and eligible to adopt, and Costa Rica’s Central Authority for Convention adoptions has determined that a child is eligible for adoption and that intercountry adoption is in that child’s best interests, the Central Authority for Convention adoptions in Costa Rica may provide you with a referral. The referral is a proposed match between you and a specific child based on a review of your dossier and the needs of the child. The adoption authority in Costa Rica will provide a background study and other information, if available, about the child to help you decide whether to accept the referral. We encourage families to consider consulting with a medical professional and their adoption service provider to understand the needs of the specific child, but you must decide for yourself whether you will be able to meet the needs of, and provide a permanent home for, a specific child. You must also adhere to the recommendations in the home study submitted to USCIS with respect to the number of children and capacity to deal with any special needs of an adoptive child. Learn more about Health Considerations. If you accept the referral, the adoption service provider communicates that to the Central Authority in Costa Rica. Learn more about this critical decision.
4. Apply to USCIS for the Child to be Found Provisionally Eligible for Immigration to the United States as a Convention Adoptee and Receive U.S. Agreement to Proceed with the Adoption
Submit a Petition for a Determination on the Child’s Immigration Eligibility After you accept being matched with a particular child, you will apply to USCIS for provisional approval for the child to immigrate to the United States by filing the Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. USCIS will make a provisional determination as to whether the child appears to meet the definition of a Convention adoptee and will likely be eligible to be admitted to the United States.
Submit an Immigrant Visa Application After provisional approval of Form I-800 petition, you or your adoption service provider will submit a visa application to the consular section of the U.S. Embassy in San José responsible for issuing immigrant visas to children from Costa Rica.
You should receive a letter from the National Visa Center (NVC) confirming receipt of the provisionally approved Form I-800 petition and assigning a case number and an invoice ID number. Use this information to log into the Consular Electronic Application Center (CEAC) to file the Electronic Immigrant Visa Application (DS-260) for your child. As the adoptive parent, you should fill out these forms on your child’s behalf, with your child's birth name. Answer every item on the form. If information is not applicable, please write “N/A” in the block. Please review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact the NVC at NVCAdoptions@state.gov or +1-603-334-0700 if you have questions about completing the online DS-260 form. A consular officer will review the provisionally approved Form I-800 petition and the visa application and, if applicable, advises you of options for the waiver of any ineligibilities related to the visa application.
The consular officer will send a letter (referred to as an “Article 5/17 Letter”) to Costa Rica’s Central Authority in any intercountry adoption involving U.S. citizen parents and a child from Costa Rica if all Convention requirements are met and the child appears eligible to immigrate to the United States. This letter will inform the Costa Rica’s Central Authority that the parents are suitable and eligible to adopt, that the child appears eligible to enter and reside permanently in the United States, and that the U.S. Central Authority agrees that the adoption may proceed.
Warning: Do not attempt to adopt or obtain custody of a child in Costa Rica before you receive provisional approval of your Form I-800 petition AND a U.S. consular officer issues the “Article 5/17 Letter” for your adoption case.
Remember: The consular officer will make a final decision about a child’s eligibility for an immigrant visa later in the adoption process.
5. Adopt the Child in Costa Rica
Remember: Before you adopt a child in Costa Rica, you must have completed the above four steps. Only after completing these steps can you proceed to finalize the adoption.
The process for finalizing the adoption in Costa Rica generally includes the following:
Role of the Court: The court reviews the qualifications of the prospective adoptive parents, with PANI playing a consultative role. Prospective adoptive parents give formal consent for the adoption at the court and obtain a decree of abandonment and a certified copy of the final adoption decree from the court.
Role of Accredited or Approved Adoption Service Providers:
Unless a public domestic authority is providing all adoption services in your case, there must be a U.S. accredited or approved adoption service provider acting as the primary provider in every case. Also, any agency or person providing an adoption service on behalf of prospective adoptive parents in any Convention or non-Convention intercountry adoption case must be accredited or approved or be a supervised or exempted provider. Adoption service means any one of the following six services:
Time Frame: An adoption in Costa Rica generally takes from seven to twelve months from the moment an I-800A is filed to the moment the IH3 visa has been approved. Costa Rican law requires that, at the initial stage of the adoption process, both prospective adoptive parents must be in Costa Rica to sign the official consent documents before the Costa Rican court. In the case of adoption by a single prospective adoptive parent, that individual must be present to sign the documents. At least 30 days should be allowed for this initial trip. At the end of the process, one of the adoptive parents, or the sole parent if it is a single-parent adoption, must be in Costa Rica to finish the paperwork for the adoption, obtain a travel document for the child, and complete immigration procedures at the U.S. Embassy. Since the length of time for the entire adoption process may vary (from eight months to a year), many prospective adoptive parents make two trips to Costa Rica; others prefer to remain in Costa Rica for the entire process.
Adoption Fees: Official adoption fees are set at a minimum of $250 and represent the total court costs when an adoption is processed through PANI. Payments to parents or guardians are illegal under Costa Rican law and prospective adoptive parents who make such payments could be subject to investigation and prosecution. U.S. adoptive parents may want to notify the Embassy and the Department of State if they feel they are being charged excessive fees.
We encourage prospective adoptive parents to obtain detailed receipts for all fees and donations paid, either by them directly or through your U.S. adoption service provider, and to raise any concerns regarding any payment that you believe may be contrary to the Convention, U.S. law, or the law of Costa Rica, with your adoption service provider, and, when appropriate, through the Complaint Registry. Improper payments violate applicable law or create the appearance of buying a child, and could put all future adoptions in Costa Rica at risk. The Foreign Corrupt Practices Act, for instance, makes it unlawful to make payments to foreign government officials to assist in obtaining or retaining business. Further, the IAA makes certain actions relating to intercountry adoptions unlawful, and subject to civil and criminal penalties. These include offering, giving, soliciting, or accepting inducement by way of compensation intended to influence or affect the relinquishment of parental rights, parental consent relating to adoption of a child, or a decision by an entity performing functions as a competent central authority, or to engage another person as an agent to take any such action.
In the adoption services contract that you sign at the beginning of the adoption process, your adoption service provider will itemize the fees and estimated expenses related to your adoption process.
Some of the fees specifically associated with adopting from Costa Rica include:
Visa fees are a separate cost and are found on www.uscisgov
Documents Required:
Note: Additional documents may be requested. All documents must be no more than 12 months old.
6. Apply for a U.S. Immigrant Visa for Your Child and Bring Your Child Home (If Applicable)
Once your adoption is complete, there are a few more steps to take before your child can head home. Specifically, you need to apply for three documents before your child can travel to the United States (if applicable):
Birth Certificate
After registering the adoption at the local Civil Registry, you will need to obtain a birth certificate for your child.
If you have finalized the adoption in Costa Rica, you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate.
If you have been granted legal custody for the purposes of emigration and adoption of the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name.
You can obtain this birth certificate from the Civil Registry. For more information on obtaining a birth certificate, please visit https://www.tse.go.cr/
Costa Rican Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Costa Rica.
Apply for a Costa Rican passport with the Migration Authority in Costa Rica. The cost is approximately $75, subject to exchange rate fluctuations. Information on the requirements for issuance of a Costa Rican passport can be found at
https://www.migracion.go.cr/Paginas/Pasaportes-y-Permisos-de-Salida.aspx
U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child you need to apply for a U.S. immigrant visa for your child from the U.S. Embassy in San José. After the adoption or custody for purposes of emigration and adoption is granted, visit the U.S Embassy for a final review of the case, and if applicable, the issuance of a U.S. Hague Adoption Certificate or Hague Custody Certificate, the final approval of the Form I-800 petition, and to obtain your child’s immigrant visa. This immigrant visa allows your child to travel home with you and be admitted to the United States as your child. Please contact the U.S. Embassy in San José by email at sanjoseiv@state.gov to schedule your child’s immigrant visa appointment. As part of this process, you must provide the consular officer with the Panel Physician’s medical report on the child if you did not provide it during the Form I-800 provisional approval stage. Read more about the Medical Examination.
Before coming for your child’s immigrant visa interview, please complete an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC). You should receive a letter from the National Visa Center (NVC) confirming receipt of the provisionally approved Form I-800 petition and assignment of a case number and an invoice ID number. You will need this information to log into CEAC to file the DS-260 for your child. You should fill out these forms in your child's name. Answer every item on the form. If information is not applicable, please write “N/A” in the block. Print and bring the DS-260 confirmation page to the visa interview. Review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact NVC at NVCAdoptions@state.gov or +1-603-334-0700 if you have questions about completing the online DS-260 form.
Upon receipt of the case at post, the Consular Section generally notifies the petitioner. Visa issuance after the final interview generally takes one to two business days. It is not usually possible to provide the visa to adoptive parents on the same day as the immigrant visa interview. You should verify current processing times with the U.S. Embassy in San José before making final travel arrangements. Additional information on immigrant visa processing can be found on our website.
What Documents to Bring with you to your Appointment at the U.S. Embassy:
Note: Since each case is different, it is possible that the Embassy will require additional documents after a preliminary review of the application of the prospective adoptive parent(s). Generally, however, the following documentation is required:
The child must be present at the U.S. Embassy for the immigrant visa interview.
Child Citizenship Act
For adoptions finalized abroad prior to the child’s admission into the United States: An adopted child residing in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence generally will acquire U.S. citizenship automatically if the child otherwise meets the requirements of the Child Citizenship Act of 2000, including that the child is under the age of eighteen.
For adoptions finalized after the child’s admission into the United States: You will need to complete an adoption following your child’s admission into the United States and before the child turns eighteen for the child (if he or she otherwise meets the requirements of the Child Citizenship Act of 2000) to automatically acquire U.S. citizenship.
*Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.
Read more about the Child Citizenship Act of 2000.
For adoptive parents who reside abroad, see Child Residing Outside the United States.
Applying for Your U.S. Passport
U.S. citizens are required to enter and depart the United States on a valid U.S. passport. Once your child acquires U.S. citizenship, s/he will need a U.S. passport for international travel. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.
Getting or renewing a passport is easy. The Department of State’s Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place.
Obtaining a Visa to Travel to Costa Rica
To travel to Costa Rica, you must have a valid U.S. passport. U.S. nationals do not need a visa to enter Costa Rica for trips less than 90 days. However, they must have a current valid passport and a return ticket to exit Costa Rica within 90 days. To see more information about obtaining travel requirements for Costa Rica, see the Department of State’s country page.
Staying Safe on Your Trip
Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The Department of State provides country information for every country in the world about various issues, including health conditions, crime, currency or entry requirements, and any areas of instability.
The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.
Staying in Touch on Your Trip
When traveling abroad during the adoption process, we encourage you to enroll with the Department of State through our Smart Traveler Enrollment Program (STEP) to receive important information from the Embassy about safety conditions in your destination country. Enrollment makes it possible for the U.S. Embassy or Consulate in Costa Rica, to contact you in an emergency, whether natural disaster, civil unrest, or family emergency. Whether there is a family emergency in the United States or a crisis in Costa Rica, enrollment assists the U.S. Embassy or Consulate in reaching you.
Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).
Post-Adoption/Post-Placement Reporting Requirements
We urge you to comply with Costa Rica’s post-adoption/post-placement requirements in a timely manner. Your adoption service provider may be able to help you with this process. Your cooperation will contribute to Costa Rica’s positive experiences with U.S. citizen adoptive parents.
PANI is very strict with its post-adoption reporting requirement. Adoptive parents will need to submit a post-adoption report every six months for a period of two years following the finalized adoption. Additionally, adoptive parents will need to submit one final report three years after finalizing the adoption.
Post-Adoption Resources
Many adoptive parents find it important to find support after the adoption. There are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. You may wish to take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services. Your primary provider can provide or point you to post- placement/post-adoption services to help your adopted child and your family transition smoothly and deal effectively with the many adjustments required in an intercountry adoption.
The U.S. Department of Health and Human Services maintains a website, the Child Welfare Information Gateway, which can be a useful resource to get you started on your support group search.
COMPLAINTS
If you have concerns about your intercountry adoption process, we ask that you share this information with the Embassy in San José, particularly if it involves possible fraud or misconduct specific to your child’s case. The Department of State takes all allegations of fraud or misconduct seriously. Our Adoption Comment Page provides several points of contact for adoptive families to comment on their adoption service provider, their experience applying for their child’s visa, or about the Form I-800/A petition process.
The Complaint Registry is an internet-based registry for filing complaints about the compliance of U.S. accredited or approved adoption service providers with U.S. accreditation standards. If you think your provider's conduct may not have been in compliance with accreditation standards, first submit your complaint in writing directly to your provider. If the complaint is not resolved through the provider's complaint process, you may file the complaint through the Complaint Registry
Note: Inclusion of non-U.S. Government links does not imply endorsement of contents.
U.S. Embassy in Costa Rica
US Embassy San José,
APO AA 34020
Tel: (506) 2519-2458
Fax: (506) 2220-2455
Email: consularsanjose@state.gov
Internet: cr.usembassy.gov/es/visas-es/immigrant-visas-es/
Costa Rica’s Adoption Authority
Patronato Nacional de la Infancia
Adoptions Office
From Servicentro Higuerón, 500 meters South, 100 meters East, and 50 meters South
Barrio La Granja, San Pedro de Montes de Oca
San José, Costa Rica
Tel: + (506) 2523-0794 or + (506) 2523-0843
Email: adopciones@pani.go.cr
Internet: https://pani.go.cr/
Embassy of Costa Rica
2112 S Street, NW
Washington, D.C. 20008
Tel: (202) 234-2945 or (202) 234-2946
Fax: (202) 265-4795
Email: embcr-us@rree.go.cr
Internet: http://www.costarica-embassy.org/
Costa Rica also has consulates in: Atlanta, Chicago, Houston, Los Angeles, Miami, New York, San Juan, San Fransisco, and Tampa
Office of Children’s Issues
U.S. Department of State
CA/OCS/CI
SA-17, 9th Floor
Washington, D.C. 20522-1709
Tel: 1-888-407-4747
Email: Adoption@state.gov
Internet: adoption.state.gov
U.S. Citizenship and Immigration Services (USCIS)
For questions about filing a Form I-800A application or a Form I-800 petition:
USCIS National Benefits Center (NBC):
Email: NBC.Adoptions@uscis.dhs.gov
For general questions about immigration procedures:
USCIS Contact Center
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
Internet: uscis.gov
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