Help! I want to adopt!!

[Maruka]

Hi everyone!
This is my first time posting here so be gentle with me! I have been living here for 6 years (and I just found out about this forum this year.....where have you all been all my life??). Anyways,my husband is Dominican and I am American. Last year my husband's brother was brutally murdered leaving behind several children with several women. My husband and I would like to adopt two of his deceased brother's children. The childrens' mother (has never worked and has no way of supporting herself,let alone the children) has consented and we went to CONANI (my husband and I) to ask the judge what steps we had to take along with the childrens' mother in order to terminate her legal parental rights so as to proceed with adoption proceedings. The (female) judge was completely against the idea and said that a law was passed in DR with regard to voluntarily giving up parental rights in order for an adoption to take place. She said that as of February, it is now illegal to terminate parental rights, meaning that parents can no longer give their children up for adoption but rather must abandon them.....she just said for us to take care of the children and give them a loving home, that they have already lost one parent and now we want to legally wrest them from their only surviving parent......she just went on and on and made us feel like a monsters! The children are old( 9 and 12 years) enough to understand what is going on and I think if we sat down with them and discussed what was in their best interest, they wouldn't feel so bad about the whole situation. I am a medical student here (I have a few years to go because I didn't come here to study, I got married, hung around, beach bummed for a few years ,then started school) and will be leaving to do my residency one day soon and I want to be able to take the children with me, not to mention give them a shot at the brighter future that only U.S. citizenship can afford them. In this way, one day they can help their mother. This is all so sad. I am sorry for writing a book it's just that I can't believe that this country could shut the door on opportunity for so many children! It's nice to be ideological about family ties and all but this judge and country needs a serious reality check! This can't be true, can it? Can anyone offer any helpful advice???

[Fabio J. Guzman]

Adoption will become more difficult with the new law which will be in place beginning next month (August 2004) You said you are a medical student. According to the new law, nobody under 30 can adopt a child.

If you are willing to take care of the children without the benefits and obligations of a formal adoption, you should explore having the Court grant you custody instead.

[Hillbilly]

And if you take the kids under your wing as "Hijos de crianza", you will be able to intercede for them in order to get visass.

This implies that they have gone to school, that they have "come up in the world" and that you have provided a loving and caring home for them. With the education that they should get at your house, including your full time use of English and a good private education for the kids, then you can take them to the Consulate, and they will probably get a visa. They will not get a visa to accompany you on your residence nor will you have time to take care of two kids during your residence, presuming you get a decent one.

HB

[Maruka]

Originally Posted by Fabio J. Guzman

Adoption will become more difficult with the new law which will be in place beginning next month (August 2004) You said you are a medical student. According to the new law, nobody under 30 can adopt a child.

If you are willing to take care of the children without the benefits and obligations of a formal adoption, you should explore having the Court grant you custody instead.

I am a medical student but an older medical student! Don't automatically assume that I am a young kid just because I said student. I am 35 years old and have been living in the Dominican Republic for 6 years. The children will be 18 and 14 respectively by the time I get out to the states for my residency so I really don't think that that is an issue. You said that the new law requires people to be at least 30 years old...well, I fit that requirement. What else do we need? Any information would be greatly appreciated. As far as the Visa to "hijos de Crianza" goes.....they may very well get a visa but it will be a tourist visa, meaning they won't be able to stay for more than three months at a time....who will be there to look out for them when my husband and I aren't around? I am very concerned about their future and we want what we feel would be most beneficial for them and all those involved in the long-run. What exactly does the new law state? and was a law really passed in February with regard to the voluntary surrender of custody by biological parents or did the judge just completely lie to us? I am sorry for my persisitence but I just want to be clear with regard to our options. Thank you so much for the information.

[DOMIERICAN]

Maruka-
I sent you a PM (private message).

[Fabio J. Guzman]

Maruka,

The official at CONANI was wrong on two counts: first, the new statute, Law 136-03, dates from August 2003, not February, and will be in force beginning August 7, 2004 (for the full text on adoption, in Spanish, go to this address in my website: http://www.drlawyer.com/txt/articlesadop.html ; second, it is not true that the law made it illegal to terminate parental rights. As I mentioned before on this thread, the procedure will be more cumbersome than before but not impossible. The law itself states that adoptions should be allowed only in exceptional circumstances (Art. 113).

The general requirements for an international adoption in the Dominican Republic, as established by law 136-03, are the following:

(1) The adopting parents must be married for at least five years.

(2) The adopting parents must be at least thirty years old and no more than sixty years old.

(3) The age difference between the adopting parents and the adopted child must be at least fifteen years.

(4) The consent of the child's parents, or for orphans, from the appropriate judicial authority, must be obtained.

(5) The adopting parents must live with the child in the Dominican Republic for at least sixty days (thirty days if the child is twelve or more).

(6) Children aged 12 or older must approve their own adoption.

(7) The adopting parents' biological children who are twelve or older must be give their opinion on the adoption.

There are exceptions and nuances to these requirements as you will find out from reading the text of the law.

[Hillbilly]

As for the 18 year old, he is out of your realm since he is now an adult. (Or probably will be by the time you get this thing rolling)

the 14 year old is your target.

Hope it all goes well.

HB

[Pib]

The children are [...] 9 and 12 years...

The children will be 18 and 14 respectively by the time I get out to the states for my residency

They are both within adoptable age.