Because Sri Lanka is a party to the Hague Adoption Convention, children from Sri Lanka must meet the requirements of the Convention in order to be eligible for adoption.  A child must meet the definition of a Convention adoptee to be brought back to the United States, in addition to specific Sri Lankan requirements. 

ELIGIBILITY REQUIREMENTS:

• Relinquishment Requirements: Prospective adopting parents may request a relinquished child, but this is not a requirement for foreign adoption.
• Abandonment Requirements: Prospective adopting parents may request an abandoned child, but children do not need to be abandoned to qualify for foreign adoption.
• Age Requirements: Foreigners may only adopt Sri Lankan children between the ages of three months and 14 years.
• Sibling Requirements:  Whether prospective adopting parents have other biological or adopted children will not affect an adoption in Sri Lanka. However, the prospective adopting parents who do not have a child will be given preference over parents who already have two or more children.
• Requirements for Special Needs or Medical Conditions: Prospective adopting parents can request to adopt a child with or without special needs and/or medical conditions.
• Waiting Period: The process of adopting a child from Sri Lanka can be lengthy.  Under Sri Lankan regulations, an application from foreign prospective adoptive parents to adopt a Sri Lankan child must be registered with the Sri Lankan government through one of its diplomatic missions abroad.  It then generally takes at least one year to match a child with a family.  After a child is identified, prospective adoptive parents should be prepared to stay in Sri Lanka for four to six weeks for the court proceedings.   

HOW TO ADOPT

Sri Lanka’s Adoption Authority
The government office responsible for adoptions in Sri Lanka is the Department of Probation and Child Care Services.

The Department's hours of operation are from 8.30 a.m. to 4.15 p.m.

Every application for adoption must be in conformity with the provisions of the Adoption of Children's Ordinance (Chapter 61), as amended.  The Sri Lankan Department of Probation and Child Care Services may, as needed, amend the adoption procedures.

The Process

Because Sri Lanka is party to the Hague Adoption Convention, adopting from Sri Lanka must follow a specific process designed to meet the Convention’s requirements.   A brief summary of the Convention adoption process is given below.  You must complete these steps in the following order so that your adoption meets all necessary legal requirements.

NOTE:  If you filed your I-600a with Sri Lanka before April 1, 2008, the Hague Adoption Convention may not apply to your adoption.  Your adoption could continue to be processed in accordance with the immigration regulations for non-Convention adoptions.  Learn more.

1. Choose an Accredited Adoption Service Provider
2. Apply to be Found Eligible to Adopt
3. Be Matched with a Child
4. Apply for the Child to be Found Eligible for Immigration to the United States
5. Adopt the Child (or Gain Legal Custody) in Sri Lanka
6. Bring your Child Home
   

1.) Choose an Accredited Adoption Service Provider:  

The first step in adopting a child from Sri Lanka is to select an adoption service provider in the United States that has been accredited.   Only these agencies and attorneys can provide adoption services between the United States and Sri Lanka.  Learn more.

2.)  Apply to be Found Eligible to Adopt:  

After choosing an accredited adoption service provider, apply to be found “eligible” to adopt (Form I-800A) by the U.S. Government through the U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS).   Learn how.   

Once the U.S. Government has determined that you are “eligible” and “suitable” to adopt, you or your agency will apply at the Sri Lankan Embassy in Washington DC or one of the Consulates in Los Angeles or New York. (Contact information is listed below). They will forward your information to the adoption authority in Sri Lanka, the Department of Probation and Child Care Services.  That Department will review your application to determine whether you are eligible to adopt under Sri Lankan law. 


3.)  Be Matched with a Child: 

If both the United States and Sri Lanka determine that you are eligible to adopt, and a child is available for inter-country adoption, the central adoption authority in Sri Lanka will provide you with a referral package for the child.  The referral package includes the allocation letter from the Department of Probation and Child Care Services, a complete medical report and the detailed family background of the child. Each family must then decide whether it will be able to meet the needs of the particular child and provide a permanent family for the child.  


4.)  Apply for the Child to be Found Eligible for Adoption: 

After a match is accepted for a child, apply to USCIS for provisional approval to adopt the particular child (Form I-800).  USCIS will then determine if the child is eligible under U.S. law to be adopted and enter the United States.   Learn how. 

After USCIS approves, you or your adoption service provider will submit a visa application to the  U.S. Embassy in Colombo, Sri Lanka.  The Consular Officer will review the child’s information and evaluate the child for his/her eligibility for an immigrant visa.  If the Consular Office determines that the child appears eligible, he/she will notify the Sri Lankan’s adoption authority through an Article 5 letter.  For Convention country adoptions, prospective adoptive parent(s) may not proceed with the adoption or obtain custody for the purpose of adoption until this takes place.

Remember:  The Consular Officer will only make a final decision to grant an immigrant visa after the adoption process is complete. 


5.)  Adopt the Child in Sri Lanka:  

Remember:  Before you adopt a child in Sri Lanka, you must have completed the above four steps.  Only after completing these steps, can you proceed to finalize the adoption or grant of custody for the purposes of adoption in Sri Lanka. 

The process for finalizing the adoption in Sri Lanka generally includes the following:

• ROLE OF THE ADOPTION AUTHORITY:  The Sri Lankan adoption authority, the Department of Probation and Child Care Services, plays a significant role on most of the key procedures of adoption.
  
  Locating the child:  Prospective adoptive parents are not allowed to locate children for adoption on their own. Only the Sri Lankan State Receiving Homes and Voluntary Children's Homes that have been registered with the Department of Probation and Child Care Services for over five years and have specific authorization from the Commissioner of Probation are eligible to perform this function.  These homes are considered to be Sri Lankan adoption agencies.
  
  Allocation Letter from the Commissioner:  If the Commissioner of Probation and Child Care Services finds the home study report and other supporting documents to be satisfactory, and if a suitable child is available for adoption, the Commissioner will send a letter to the Sri Lankan adoption agency, which will in turn advise the prospective adoptive parents.
  
  Interview with the Social worker:  Once the prospective adoptive parents receive their “allocation letter” for the child, they may come to Sri Lanka for the adoption proceedings. The Commissioner of Probation & Child Care Services will assign a social worker to the case.  Prospective parents need to schedule an interview with that person.  This will occur at the Department of Probation and Child Care Services.
  
  Visiting the Child:  After the interview, the prospective parents will be issued a letter from the Commissioner authorizing them to see the child at the specified children's home.  However, the applicants will not be allowed to take the child out of the custody of the person in charge without the Commissioner’s approval.
  
• ROLE OF THE COURT: Only the District Court of Colombo and the District Court of Colombo South are empowered to issue orders of adoption of Sri Lankan children by foreigners. Prospective adoptive parents must engage a Sri Lankan attorney for the legal proceedings.  The U.S. Embassy in Colombo has a list of Sri Lankan attorneys who have indicated a willingness to assist U.S. citizens in Sri Lankan legal cases.  This list may be found at:  http://srilanka.usembassy.gov/uploads/Gm/dT/GmdTj0ceiqIt5oUUwsNghg/lawyers2008.pdf.
  
  The attorney will file the petition for the adoption.  The Court then requests a report from the Commissioner to determine whether the adoption is in the best interests of the child.  The Commissioner has from 14 to 28 days to submit the report.  The home study report must be included in the Commissioner’s report.  If all is in accordance with the applicable laws and regulations, the court then issues an order of adoption.
  
  It is important to note that, when possible, the birth parent(s) are required to attend the court hearing in order to formally relinquish custody of the child in front of the judge.  The adoptive parents are normally present for this step of the process
  
  After the court’s adoption order is issued, copies may be obtained by making an application to the court. The adoption is considered complete after registration and a copy of the Certificate of Adoption has been obtained from the Registrar-General, located at R.A. de Mel Mawatha, Colombo 3, Sri Lanka.  The court will issue an Adoption Order which has to be registered with the Registrar General’s Office located at Indika Bldg, Main Street, Colombo 11. This process may take 2-3 days.
  
• ROLE OF ADOPTION AGENCIES: Foreign prospective adoptive parents are not allowed, on their own, to locate children for adoption.  Only the Sri Lankan State Receiving Homes and Voluntary Children's Homes that have been registered with the Department of Probation and Child Care Services for over five years may perform this function.  These Homes (also referred to in this flyer as Sri Lankan adoption agencies) must also have specific authorization of the Commissioner of Probation.   American prospective adoptive families may choose to work with a U.S facilitator to assist them with the overall adoption process.
  
• TIME FRAME:  The process of adopting a child from Sri Lanka can be lengthy.  Under Sri Lankan regulations, an application from foreign prospective adoptive parents to adopt a Sri Lankan child must be registered with the Sri Lankan government through one of its diplomatic missions.  It generally takes at least one year to match a child with a family.  Prospective adoptive parents should be prepared to stay for four to six weeks for the court proceedings.  Once the court procedures are finalized, the parents must obtain a Certificate of Adoption (this generally takes only a few days) and a Sri Lankan passport (next day service is available) before scheduling an interview appointment at the U.S. Embassy. Visas are normally ready for pick-up the day after the interview.
  
• ADOPTION APPLICATION: Click here
  
• ADOPTION FEES:  The adoption services contract signed at the beginning of the adoption process, will itemize the fees and estimated expenses related to the adoption.  Some of the fees specifically associated with adopting from Sri Lanka include lawyer’s charges and court charges. Lawyers charge approximately $500 for an adoption case, although fees may vary from lawyer to lawyer.  Court fees are generally only around $1 (Rs. 100).
  
  The U.S. Embassy in Sri Lanka discourages the payment of any fees that are not properly receipted or are listed as “donations,” or “expediting” fees.  Such fees give the appearance of “buying” a baby and put all future adoptions in Sri Lanka at risk.  Prospective adoptive parents should not make any payment or give any money or other inducement to any person in consideration of the adoption unless sanctioned to do so by a Court. Legal action will be taken against those who commit this offense.
  
• DOCUMENTS REQUIRED:  
• Certified copies of the birth certificate of both prospective parents.
• Certified copies of the marriage certificate of the prospective parents. 
• Certified copies of health certificates of both prospective parents. 
•  A letter(s) from the current employer of the prospective parent(s) listing employment and salary information.
• Police reports of the prospective parents.
• Copies of the passports of both prospective parents.
  
  
  NOTE:  Additional documents may be requested.  If you are asked to provide proof that a document from the United States is authentic, the U.S. Embassy can help.  Learn how. 
  

6.  Bringing Your Child Home

Once an adoption is complete (or legal custody of the child has been obtained), the following three documents should be applied for before the child can travel to the United States:

• Birth Certificate: The adoptive parents have to apply for the new birth certificate for the child with the adoptive parents’ names on it. This process may take about 2-3 months. A self-addressed, stamped envelope should be provided to the Registrar’s Office so that the certificate can be mailed.  The Embassy only requires the Adoption Order to process the visa for the child, not the birth certificate.
• Sri Lankan Passport: Once the adoptive parents have the Certificate of Adoption, they must take it to the Commissioner of the Department of Probation and Child Care Services in order to obtain a letter requesting the issuance of a Sri Lankan passport to the child. After the letter from the Commissioner is received, the adoptive parents can apply for a Sri Lankan passport with the Department of Immigration and Emigration (Passport Section), 1^st Floor, #41 Ananda Rajakaruna Mawatha, Colombo 10.  The adoptive parents will need to bring the Certificate of Adoption, the original birth certificate of the child, and the letter from the Commissioner.  The child’s passport will be issued with the name on the Adoption Order. If the child is given a new name by the adoptive parents this needs to be indicated on the Final Adoption Order.
• U.S. Immigrant Visa: After the adoption (or custody for purpose of adoption) is granted, visit the U.S Embassy for final review and approval of the child’s I-800 petition and to obtain an immigrant visa for the child.  This immigrant visa allows your child to travel home with you.  As part of this process, the Consular Officer must be provided the “Panel Physician’s” medical report on the child if it was not provided during the provisional approval stage.  Learn more.     

Child Citizenship Act

For adoptions finalized abroad:  The Child Citizenship Act of 2000 allows your child to acquire American citizenship when he or she enters the United States on an immigrant visa. 

For adoptions to be finalized in the United States: The Child Citizenship Act of 2000 allows your child to typically acquire American citizenship when the U.S. state court issues the final adoption decree.  We urge your family to finalize the adoption in a U.S. State court as quickly as possible.

*Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible.  Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting. 

Learn more about the Child Citizenship Act. 

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