Wednesday, November 26, 2008

Updates...

IBESR - According to the new director, the minimum age for adoptive parents is 30 years of age (just like the law stipulates). She is no longer requiring the age to be 35 because that is not written into the law.

Also, every family that has biological children has to get a 'presidential waiver' because the formal law states that a family cannot have biological children. In the past, getting such a waiver was obtainable.

Adoptive families who only have adopted children do not have to get the waiver.

Also, couples must be married. The ten (10) years of marriage is not a strict requirement, but the couple must have been together for that time (e.g. living together 4 years, married 6 years if fine).

U.S. Embassy - part of the visa physical is a required TB test now, this has to be included in the physical.

U.S.C.I.S. Haiti - Adoptive families can still participate in the Adjudication Orphan First Pilot Program but the child's/family's file cannot be submitted to IBESR at the time of filing the papers for the Adjudication Orphan First.

9 comments:

Lisa said...

What are my chances to adopt a Haitian child (no older than my youngest who turned three in Oct. '08)? I am 55 and have three grown sons. I am not of the Christian faith.
Thanks for you help,
Lisa

Greg's Wife said...

Is the visa TB test needed for the children or adoptive parents?

stephanie garcia said...

Is the USCIS Orphan First requirement a new thing? I believe our boys' file was already in IBESR when we submitted the Orphan First in September.

Anonymous said...

Hi Vera
If your adoption has gone through and you are waiting for MOI to finalize everything and get the passport (2children) and then adopt a younger sibling of the children you have just adopted is the second adoption any faster? If you have a biological child at home do you still need another presidential pardon for this adoption? will this adoption take ANOTHER year or so??
PLEASE give me your thoughts/experience on this. (I am not from the US) If you can/want you may email me or post your comments on line (please donot put this comment online)
Thanks
Irene
irene_barron@hotmail.com

Rosalie said...

Hi Vera:
This is a bit off your topic, however, our two girls files are ready to be signed out of IBESR according to the new director, but they want a Canadian Doctor to look at one of our girls medical information and then write a letter stating she needs to get to Canada for immediate medical treatment. It's already three weeks now and I'm waiting for the medical information which could take another week or two, then have to get the doctors' letter etc. Do you know if by having this letter it will speed up the 2nd legal and MOI processes ? If not, it would seem to me we'd be better having the director just sign out the files right away to get on with the next steps. Our daughter has club foot and congenital amputation below the knee for which she currently has a 14 month old prothesis from the Dominican Republic.

Thank you

Rosalie

Amanda said...

I'm just curious about a timeframe regarding the presidential pardon. How long does it typically take? Is it part of IBESR or immediately following?

Thank-you.

Mandy said...

And another person with a question....we filed our AOF in the US after getting out of IBESR. Are you saying that we shouldn't have filed the AOF since we had already completed IBESR at the time of filing it?

Mom2Four said...

I was under the understanding that the age in the law was 35 (not 30) as stated in Article 2.
One English translation of the law can be found at: www.usdoj.gov/eoir/vll/intdec/vol16/2686.pdf

Here is the excerpt:
Adoption is only allowed for people of both sexes who are older than 35. However, it can also be requested by a married couple who are not separated, as long as at least one of them is over age 35, if they have been married more than ten years, and do not have any [biological] children from this marriage.

The adopters should have neither children nor descendants on the day of the adoption.
I was under the understanding that the age in the law was 35 (not 30) as stated in Article 2. The English translation of the law can be found at: www.usdoj.gov/eoir/vll/intdec/vol16/2686.pdf
Here is the excerpt:
Adoption is only allowed for people of both sexes who are older than 35. However, it can also be requested by a married couple who are not separated, as long as at least one of them is over age 35, if they have been married more than ten years, and do not have any [biological] children from this marriage.
The adopters should have neither children nor descendants on the day of the adoption.
The adopters should be 19 years older than the people they propose to adopt, unless the latter are the children of their spouse. In this case, the minimum age difference required shall be no more than ten years and may even be less if given a dispensation by the Head of State.

VIRGINIE said...

seulement 4 sorties IBESR en novembre ????

c'est possible ?

V