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Adoption in Chile as an Expat

Postby timjfisher » Fri Jul 25, 2008 10:58 am

Does anyone know if it's possible to adopt a Chilean child as an expat residing in Chile? I know Chile has an international adoption program (only a few are adopted from the US each year) but I wonder how this would work in a non-citizen resident situation.

Would this be considered an intracountry adoption or an intercountry adoption? I've visited SENAME (http://www.sename.cl/) but couldn't find the information I was looking for. This probably isn't very common, it's not like I expected it on the FAQ page!

Thanks in advance!
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Re: Adoption in Chile as an Expat

Postby Putenio » Fri Jul 25, 2008 12:16 pm

Yes, with several conditions. You indicated expat residing in Chile, so your visa has to be in order and with sufficient time on it to allow for the process - at least 2 years was the expectation for us. I don't know about singles adopting, seem to recall it was couples only, and being Catholic helped. You have demonstrate sufficient resources & have all your documents legalized and often translated. Charles should be able to help with that process + legal and on the adoption side, we know the process from experience. I have all of the documentation start to finish and it's quite a large file - far more complicated than buying land.

We adopted in 1997 while living in Chile fulltime and it took 2.5 years from start to finish. Our children came to live with us very early in the process, and we needed to complete all the necessary steps similiar to adoption process, psych evals, home study. I understand the laws have changed and the process is different now but don't know first hand. I can learn more later this year as there is a Hogar de Menores near our place & school, many of the children attend our local school, and I know one of the assistente sociales who works there.

It is always best to explore the process on the ground, face-to-face, in Chile. Always plan on it taking a lot more time and money than you ever anticipated, and don't expect the US Embassy to be at all helpful. We had to work the hill (D.C.) as well as our local embassy to get all the paperwork completed - It actually took our US Congressman formally requesting an inquiry and update on our paperwork and its progress to get it moving through State and the visas completed after a year of grinding away at the steps in the process. Our experience with Chilean officials was generally positive but it did take the attention of our Senator Rocha, Partido Socialista to also get things moving on the Chilean side. He was a gentleman who helpfully interceded and to this day we update him on the growth and education of our gringuitos.

So there is the published "to-do" list, factor in time for bureaucracy and slow movement on paperwork, lost paperwork, and some people in the agencies do not like foreigners adopting Chilean children = Patience is an important and valuable virtue when adopting. That was pre 9/11 so I can only imagine it is more complicated than ever.

Our children entered the US on an IR3/immediate relative visa so no social workers or homestudies stateside. The received their certificates of US citizenship right away after the 2.5 year process was completed and their passports in short order. They have all their corresponding Chilean documents as well.
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Re: Adoption in Chile as an Expat

Postby RWS » Fri Jul 25, 2008 12:17 pm

An American couple with whom I'm acquainted did adopt an abused Chilean child during my brief -- less than a month long -- visit in, if I remember correctly, 1998: very fast, comparatively easy. Of course, the circumstances were unusual and the law may have changed in the decade since.
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Re: Adoption in Chile as an Expat

Postby RWS » Fri Jul 25, 2008 12:25 pm

I see that Putenio has given a fuller and more accurate reply than I could. I think that my acquaintances adopted the child in a court proceeding, perhaps in Viña (they lived in Reñaca, if I remember correctly), so circumstances probably were very different from the usual; I remember being surprised by the speed with which it was accomplished, though the birth mother might perhaps have been aiding the process -- I don't recall.
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Re: Adoption in Chile as an Expat

Postby eeuunikkeiexpat » Fri Jul 25, 2008 12:41 pm

Make sure your Chilean lawyer is trustworthy and competent. My former landlord and wife (dual citizens Chile/USA) went through years of complications even after the physical adoption took place due to incompetent or dishonest lawyers they spent good money on to do the adoption. Originally for two Chilean baby girls, they ended up with only one as the original birth mom ran off with the other and disappeared. Don't know the exact details but due to the failure of the first or second lawyer to do the job right, my landlord was penalized and had to report to some gov office in Santiago Centro every month and get permission when he wanted to travel outside of Chile.
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Re: Adoption in Chile as an Expat

Postby timjfisher » Fri Jul 25, 2008 12:58 pm

Thanks everyone! Especially to you, Putenio, on the thoughtful response.

We're in the middle of an adoption from Colombia right now so I know how long and difficult it can be. The time frames you mention are actually much better than what they're panning out to be for us now.
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Re: Adoption in Chile as an Expat

Postby RWS » Fri Jul 25, 2008 1:01 pm

That's partly, perhaps mostly, because you're in a transnational process, Tim. Once in Chile, as Putenio pointed out, the process needn't be quite so complex; and the United States will (with proper documentation) recognize as valid here, in the States, any adoption completed successfully under Chilean law -- no separate proceeding should be necessary.
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Re: Adoption in Chile as an Expat

Postby andrea_a » Sun Jul 27, 2008 1:47 pm

Hi

I am Chilean. My husband and I live abroad.

We asked about adoption in Chile.
The better way is for you to go directly to the SENAME office (you will find their addresses in their website http://www.sename.cl). They have offices in all the main cities in all the regions.

They will explain to you what papers you need to present. And then, where to present them. Being as expat, and applying as expat, you need to present your documents in the head office, in Santiago.

The adoption process is free in Chile. There might be some translations costs involved, wich Sename will let you know. And the translators works for the State, so, you don't have to hire your own translators (or lawyers).

Chile is part of the Hague Convention for intercountry adoption. This means, it is A LOT EASIER than doing it with countries that haven't join the convention. Since USA joined the Hague Convention this year (2 months ago) I think that will expedite the process.

The Chilean process of adoption is in a very good shape now. Sename will give you a lot of information on the birth family of your child. And they keep a record of the birthfamily, in case the adult adoptee would like to find out his roots. Sename can organize supervised meeting between the adoptees and the birth families, if required (only after the adoptee is 18 years old and wants to do it). This is important for most of the adoptess and not all the countries can provide that, sadly.

Sename has also divided the children in groups, so the ones that have been abused are already receiving therapy, fand will not repeat those terrible behaviours in ther peers, for example. They are also divided by ranges of ages.

I can recommend the Chilean adoption process. I wish you the best luck.

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Re: Adoption in Chile as an Expat

Postby admin » Mon Jul 28, 2008 2:48 am

Honestly, we have never had anyone ask about it before. We do have Family Law specialist through an associate law firm in Santiago and my wife is a specialist in International law including the Hague convention, if the bureaucracy should get to thick. Mostly we tend to handle a lot of the more unpleasant side of the Hague convention involving International child custody related issues and divorces.

I can not imagine something as complex as adoption being quick or easy in Chile however. I also don't think picking up a kid should be like ordering a pizza. There should be a decent amount of bureaucracy and oversight to go with it, but not so much it is counter productive.
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Re: Adoption in Chile as an Expat

Postby timjfisher » Mon Jul 28, 2008 9:01 am

I can not imagine something as complex as adoption being quick or easy in Chile however. I also don't think picking up a kid should be like ordering a pizza. There should be a decent amount of bureaucracy and oversight to go with it, but not so much it is counter productive.


Couldn't agree more. Our issues revolve more around "hey, you're looking at a 2 year wait" [FF 1 month] "hey, you're looking at a 30 month wait" [FF 1 more month] "hey, you're looking at a 36 month wait". It's ridiculous.

We'd love to move to Chile permanently (we think - we're planning a tour)... the possibility of adopting FROM Chile and maybe that adoption being a smoother/less expensive ride than an international adoption from the states is far too tempting not to investigate further.

I'm still trying to get some information on average wait times and any other details. I could certainly email SENAME directly with questions. I guess Google Translate is my best bet? I'm up for anything.
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Re: Adoption in Chile as an Expat

Postby Putenio » Mon Jul 28, 2008 1:41 pm

I can indicate that living in Chile and completing all the steps and requirements for adoption, home visits, etc. was not as expensive as I've read concerning some agencies who play the middle/go-between role. If you aren't on-site I would suggest Charles as the point person as you can send emails until you are blue in the face but most of the bureaucracy, contacts, business, and just plain getting things done occurs face to face.

I can predict there will be interest in why Chile, why Chilean children, and even though the country may appear long and drawn out, it is really quite tightly connected. There seems to be some division/separation of people who live in the north, expats in the observatories, etc. vs. Santiago metro vs. Southern Chile, but still is always reminds me it is a very small world. In 1997 I believe there were less than 100 children adopted by foreigners, or US citizens ( I understand that is quite a difference, I simply don't remember), so SENAME and our local officials were quite aware of each case including ours. I recall the foreign adoption numbers were severely restricted as there was a scandal about adoptions for purchase to a French couple coming out of Chiloe - Castro if I recall correctly.

I can also predict from our experience that fertility problems will be a default assumption. In our case it didn't apply - we simply didn't see the sense in making more children when the world is clearly full of wonderful kids - but it will be a common question after why Chile? why Chilean children? and what are your plans in Chile, etc. types of questions.

Chile is modern in many ways, but responding to emails from gov't or business does seem to be frequent or predictable from my personal experience + I have had success with personal communication when tackling issues step by step.

Lisa will be on-site in Sept. and is involved with a local Hogar de Menores for girls so a first hand contact is readily available and Charles can field the legal side.

Best wishes
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Re: Adoption in Chile as an Expat

Postby el puelche » Mon Jul 28, 2008 1:58 pm

xxx
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