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PANAMANIAN ADOPTION GUIDELINES |
Panamanian courts do allow international adoptions, but give adoption
preference to Panamanian citizens. Under the current Panamanian law, an
adopted child need not be an orphan, though the natural parent(s) must
have legally abandoned the child. Most adoptions of Panamanian children
by U.S. parents take place in Panama. Less frequently, Panamanian Courts
may grant the U.S. citizens guardianship, allowing adoption following
the family's return to the United States. Though guardianship is a legal
option, the two Panamanian court systems discourage this practice.
Panamanian law requires that prospective adoptive parent(s) fall within
the following categories:
Married couples must have been married for at least five years.
The man's age can be no older than forty-five years, the woman's age no
older than forty years.
Single persons may now adopt children of either sex.
No adoptions of children related to the adopting persons.
The courts do not separate siblings. All siblings must be adopted.
There must be an eighteen-year age difference between the prospective
adoptive parent and the child.
Homosexuals may not adopt children.
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PANAMA ADOPTION PROCEDURES |
To begin the adoption process, a Panamanian attorney must
present the necessary paperwork in the form of a demanda, a petition for
the courts to review. Usually, the adoptive parents and their attorney
will communicate with the judge's staff until the petition is ready for
review. If the judge approves the petition, the judge will forward the
documents to the Registro Civil de Panama (Panamanian Civil Registry).
The adoption is not final until it is published in the Civil Register
and the judge has signed a final decree. Both courts have similar
processes for international adoption:
The prospective parent(s) and the lawyer must submit the "demanda", or
petition, to the courts. For the "Juzgados Seccionales de Familia", the
adoptive parent(s) must have the birth parent(s) sign a document that
"irrevocably" grants custody to release the child for adoption and
immigration to the adoptive parent(s) or adoption agency.
In adoption cases where prospective adoptive parent(s) are granted legal
guardianship of a child in order to adopt the child in the United
States, a Panamanian judge must interview the adoptive parent(s) and
determine that an adoption outside of Panama is in the best interests of
the child. This often includes a psychological evaluation of the
parent(s) by a social worker. This evaluation can be performed by a
comparable agency in the United States. The "Juzgado Seccional de
Familia" requires a special investigation by a court- appointed agency
to certify that the child is an orphan.
A judge must approve the departure of a child from Panama if the child
is leaving without the child's natural parent(s) or legal guardian. The
judge will grant the prospective parents guardianship for a trial
period. If the judge determines that the child's adjustment has been
successful, the adoption is finalized under Panamanian law. If the judge
is concerned about the child's welfare, the judge may extend the trial
period or cancel the process altogether.
Parents Medical Examination
In addition to a medical examination of the child to be adopted, the
courts may request a psychological evaluation of the prospective
adoptive parent(s). This evaluation includes an extensive question and
answer session with Panamanian doctors and an assessment of the
prospective adoptive parent(s)' temporary home in Panama. The parent(s)
attorney may collaborate with the Panamanian legal systems and a U.S.
social service agency equivalent to the Panamanian social services
agency to have this procedure completed in the United States. The
medical evaluation documents must be fully translated from English to
Spanish for use by Panamanian courts. |
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DOCUMENTS |
The following are additional documents necessary for
processing an adoption in Panama. All of the following documents must be
translated into English and Spanish for the Panamanian and United States
agencies. Prospective adoptive parent(s) must also have notarized copies
of the documents readily available in the event that a judge may need to
keep these documents for future use:
1) Birth Certificate of each adoptive parent
2) Marriage Certificate and Death or Divorce Certificate of each
adoptive parent (Death/Divorce certificates only required if either
adoptive parent was previously married)
3) Health Certificate from a comparable social services agency to the
Panamanian social services certifying good mental and physical health of
each parent
4) Certificate of Good Conduct from local police in adoptive parent(s)'
state of residence
5) Letter from employer stating position and salary
6) 2 photographs, passport size of each parent
7) 2 reference letters from a person who can attest adoptive parents'
character, financial situation and living conditions
8) Sociological home study report conducted by U.S. social worker or a
U.S. certified investigative agency approved by Panamanian court systems
Psychological evaluation conducted by authorized medical officer in
Panama or U.S. certified medical official approved by Panamanian courts.
If evaluated in the United States, this evaluation should be certified
by an agency equivalent to the Panamanian social services.
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