Factsheet, Page 2
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ADOPTION AUTHORITY IN BRAZIL: The government offices responsible for international adoptions in Brazil are the State Judiciary Commissions of Adoption (CEJA for each state. They are the sole organization authorized to approve foreign adopting parents.
ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:
- Persons over the age of 21 may adopt, regardless of marital status;
- The adopting party must be at least 16 years older than the potential adoptee;
- A child can only be legally adopted if under age 16, or under 18 if they have a sibling under 16 who is also being adopted by the same person(s).
RESIDENTIAL REQUIREMENTS:
Brazilian judges require prospective parents to live in Brazil with the child for at least 15 days for children under two years and at least 30 days for older children.
TIME FRAME: The average time to complete an intercountry adoption case varies from three months to one year.
ADOPTION AGENCIES AND ATTORNEYS: Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located. The U.S. Embassy in Brazil has a list of agencies known to work in Brazil that can be made available upon request. The Department of State does not assume any responsibility for the quality of services provided by these private adoption agencies or their employees.
The CEJAs maintain lists of attorneys throughout Brazil, some of whom specialize in adoption cases. The U.S. Consulate General in Rio de Janeiro can provide interested parties with a list CEJA addresses and phone numbers.
Please see Important Notice Regarding Adoption Agents and Facilitators at our Web site travel.state.gov.
ADOPTION FEES IN Brazil: Adoption processes in Brazil are (officially) free.
BRAZILIAN ADOPTION PROCEDURES: In October 1990, Brazil promulgated a new Federal Statute for the protection of children and adolescents. In accordance with this law, priority in adoptions is given to Brazilian citizens. Other major terms of the law include:
- Adoption by proxy is prohibited;
- A child being adopted will only be allowed to depart Brazilian territory once the adoption has been finalized;
- Adoption requires the consent of the parents or of the legal representative of the potential adoptee. Consent will be waived with regard to a child or adolescent whose parents are unknown or who have been stripped of their parental rights;
- International adoption agencies are allowed to act on behalf of the adopting parents.
Furthermore, an adoption homestudy evaluation is required to determine the suitability of the applicant(s) to become an adopting parent. The homestudy must be performed by a professional social worker who is authorized by local authorities in Brazil to perform such work.
Credits: U.S. Department of State
