Factsheet, Page 3

ADOPTION FEES IN Costa Rica:

Official fees for an adoption are set at a minimum of $250.00, which represents the total court costs when an adoption is processed through PANI. Payments to parents or guardians are illegal under Costa Rican law and could be subject to investigation and possible prosecution. The fees generally charged in private adoptions can be as high as $15,000. It is useful for American adoptive parents to notify the Embassy and the Department of State of exorbitant fees for adoptions.

ADOPTION PROCEDURES:

Costa Rican adoption law provides for two types of adoptions: those arranged through PANI, and private adoptions.

In foreign adoptions overseen by PANI, current policy prohibits adoption of children under four years of age, except in cases in which the child is part of a family group, or is difficult to place.

In private adoptions, there is no limit on the age of the children. A child is released to a private attorney, who then arranges the adoption. The court reviews the qualifications of the adoptive parents, with PANI playing a consultative role. Virtually all complaints and allegations of adoption fraud in Costa Rica focus on private adoptions.

Foreigners must complete the adoption process in Costa Rica and the adoption must be formally registered in the civil registry before permission is given for the child to leave the country. Because of Costa Rican concerns about child smuggling and the need for follow-up in the adoption process, permission is rarely granted for a child to leave Costa Rica in the custody of an prospective adoptive parent for the purpose of being finally adopted in another country.

Adopted children do not need to be orphans under Costa Rican law. They must, however, be abandoned or irrevocably surrendered for adoption. Abandoned children may be living in a government facility, be lodged in a private orphanage or foster home or be placed 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. ( Important : see requirements of U.S. immigration law regarding the definition of an orphan for U.S. visa purposes; a child who does not meet the U.S. legal definition will not be permitted to immigrate to the U.S. even if Costa Rica permits the adoption to take place, and even if the adoptive parents are U.S. citizens).

DOCUMENTS REQUIRED FOR ADOPTION IN Costa Rica:

The following documentation is normally required.

Certified and authenticated copies of the adoptive parent(s)' birth certificate(s);

Certified and authenticated copy of the adoptive parent(s)' marriage certificate (if applicable) and proof of termination of any previous marriages (certified copy of spouse's death certificate or divorce decree);

Medical certificate(s) for adoptive parent(s) notarized by physician and authenticated;

A certificate of good conduct/no criminal record for each adoptive parent from a local police department notarized or bearing police department seal and authenticated. An FBI report is acceptable in lieu of local police record. This is separate from the FBI check conducted by the USCIS as part of the petition process;