Articles 120 through 184 of the Honduran Family Code of 1984 govern adoptions in Honduras.

This Code stipulates that:

1) At least one member of the adoptive couple must be 25 but no more than 50 years of age. Single persons may adopt, provided that they are at least 25 but not more than 50 years of age.

2) In the case of a married couple, both partners must petition for the adoption. The petition cannot be filed by only one member of the couple.

3) The child to be adopted must be at least 15 years younger than the youngest member of the adopting couple.

4) The initial adoption petition must be presented in person by the prospective adoptive parent(s). It cannot be done through an intermediary. In practical terms, this means that both members of an adoptive couple must come to Honduras.

5) Foreigners who are not permanent legal residents of Honduras must obtain a written “follow up certification” from a US adoption agency which is licensed and duly registered with the Instituto Hondureño del Niño y la Familia (IHNFA), which is a social welfare agency charged by the Honduran government with overseeing local and international adoptions. The certification must state that the Agency will check periodically on the well-being of the child until he/she reaches the age of fourteen, provide written reports to the IHNFA, and ensure that the adoptive parents meet their obligations to the child. Click here to see a current list of adoption agencies registered with IHNFA.

Honduran children become eligible for adoption in one of two ways

1. Abandoned children, whose parents are unknown, cannot be found, or who have refused to care for their offspring. This group may include children left unclaimed in a hospital, children who have been neglected/abused, or those whose parents have died. Such children are remanded to the custody of the Court of Child, which normally places them in the care of a state orphanage and attempts to locate natural parents. If the natural parents cannot be located, the court will issue an “abandonment decree”, which becomes effective 90 days after it has been officially published. This period, which is intended to provide time for the natural parent to come forward, is established by law and cannot be shortened. Adoption proceedings cannot begin until a final decree of abandonment has been issued.

2. A child can be relinquished for adoption when a parent(s) voluntarily gives up his/her child for adoption. Honduran law does not allow both parents to relinquish their children directly to a Honduran government agency such as the IHNFA, and permits relinquishment only directly to the prospective adoptive parents. Because under US immigration law a relinquishment or release by the parents for a specific adoption does not legally constitute abandonment, such a child cannot be considered an orphan. However, US immigration law does provide that the child of a sole or surviving parent may be considered an orphan if that parent is unable to care for the child properly and irrevocably releases him/her for emigration and adoption. Under some circumstances the child of an unwed mother may be considered to be an orphan as long as the natural father has disappeared, deserted or abandoned the child, and the natural mother is not married (which would result in the child having a stepfather under the US law).

Honduran Adoption Procedure

1) General Overview

There are no private adoptions in Honduras. Adoptions in Honduras usually take from six months up to one year. You may encounter individuals who will offer to facilitate or shorten the adoption procedure. In practice they usually fail to deliver. All adoptions must go through IHNFA.

You will need to hire a Honduran attorney since only an attorney may present your petition for adoption to the Courts. Most U.S. adoption agencies that are registered with the IHNFA have contracts with designated attorneys in Honduras. You are not required to work with these attorneys and may select a different one if you choose. However the Embassy cannot recommend lawyers or assume responsibility for their professional performance. The Consulate also maintains a notebook of letters from adoptive parents who have adopted in Honduras available for your review before selecting an attorney.

Honduran Legal fees normally run from $6,000 to $8,000 but sometimes can be several thousand dollars more. For your own protection, you should negotiate all fees with your attorney before beginning the adoption process. Be sure that all services to be included are specified, e.g., attorney’s expenses, translation services, court fees, authentications, etc. Also be careful not to pay fees in full in advance since your attorney will then have no incentive to finish the adoption quickly and you will have no recourse in the event of a dispute. Children who are eligible for adoption are placed in IHNFA’s care until adoptive parents have been selected; at which time they may be transferred to a foster home.

2) Documents required for filing an Adoption Petition in Honduras

• US Citizen and Immigration Services (USCIS) approval to adopt a child (Form I-171H).
• Family photographs
• Copy of applicant(s) passport(s)
• Applicant(s) birth certificate(s)
• Applicants marriage certificate
• Applicant(s) certificate(s) of good health from licensed physician including laboratory urine and stool exams and blood tests, including for HIV/AIDS.
• Applicant(s) certificate(s) of good conduct from local police.
• Applicant(s) verification of employment specifying position, salary, length of service and benefits.
• Copy of adoption law in applicant(s) state of residence.
• Two recent, color photographs of applicant(s) home front view and neighborhood.
• Three letters of reference from recognized and respected members of applicant(s) local community (such as government, school or church officials).
• Certified bank statements giving the status of applicant(s) account.
• Certified copy of the title to any property the applicant(s) may own.
• Home study prepared by an authorized and licensed social welfare agency located near the place where applicant(s) reside.
• A “follow up certification” from the adoption agency that will oversee applicant(s) adoption until the child reaches the age of 14.
• Written certification from the nearest Honduran consulate that applicant(s) have met all state adoption requirements and that the adoption agency handling your case is licensed to practice in that state.

A Honduran Consulate must authenticate all these documents in the US. Once they arrive in Honduras the documents must be authenticated by the Honduran Foreign Affairs Ministry and Ministry of Government and Justice. All documents in English must be translated into Spanish before the Honduran Foreign Affairs Ministry will authenticate them. Authentication usually requires at least three to four weeks and sometimes longer.

3) Steps to Complete an Adoption in Honduras:

1. File a petition to adopt a child at the IHNFA.

The IHNFA will provide you or your attorney with an Adoption Request Form, which must be presented together with the documents and their translation listed in item 2 above. You must provide two sets. We recommend that you keep another set in case they get lost.

Once your application is reviewed and all requirements are met, your request will be placed on their list of applicants until a child is assigned to you (this may take months or up to one year). You cannot choose a particular child. You may refuse to accept the child assigned to you, provided that you have an acceptable reason for doing so. However, if you refuse a second child assigned to you, adoption proceedings will be terminated. Once you have a child assigned, the prospective adoptive parent(s) are required to come to Honduras to meet the child, and also to be psychologically and socially evaluated by IHNFA’s social worker and staff psychologist. The results of these evaluations will be used in the preparation of a report recommending or denying the adoption to the Family Court. At this point, the adoptive child may be placed with a foster care family at your own expense. The IHNFA will place a child in your care only if you will remain in Honduras until the adoption has been completed.

2. File a petition to adopt a child at the Honduran Family Court.

Once you have completed the IHNFA’s procedure, you must file a petition to adopt at the Family Court. The adoptive parent(s) must personally file this petition at the Court. Once the Court has reviewed your petition and determined that you meet the legal requirements to adopt, they will send an order for IHNFA to provide the court with a formal report on your social, psychological and economic suitability to adopt. You should insist that your attorney follow up with the Court to ensure that this order is sent promptly. It normally takes the IHNFA approximately twelve weeks to complete this report. At the same time, the court will direct your attorney to publish your intent to adopt in the official government publication, La Gaceta, and in a local newspaper. Your attorney should send you copies of these publications. The Immigrant Visa Unit at the U.S. Consulate will require these originals in processing the immigrant visa for the child.

When the Court receives IHNFA’s report and proof of publications, they will take your case under advisement. If all is in order, a final sentence adoption decree will be issued within about three weeks.

3. Notarize the Court’s Final Adoption Sentence Decree into a Public Deed.

Your attorney must notarize the final adoption decree, and a Public Deed will be executed. In case your adoptive child is an abandoned child, you and IHNFA’s President will sign the Public Deed. In case you have adopted a child by relinquishment, you and the child’s biological parent sign the Public Deed. You or your attorney must take the Court’s Final Adoption Decree, the Public Deed and proof of publication to the Civil Registrar’s office to register your child and to obtain a new birth certificate showing your child’s new name and listing you and your spouse (if applicable) as parents. An adoption certificate will also be issued. This process usually takes one to five days.