Italian residents living abroad
We already have begun to advice and process international adoptions of Italian residents living outside Italy, who have an Italian passport and are registered in the AIRE. The Italian law today only allows adoptions to heterosexual marriages, and it does not matter how old the couple has been wed for. In Argentina's case the couple can reside in whichever part of the country they wish.
Adoptions are regulated under the Italian law. Argentine law does not apply under those circumstances. Through this method it makes us proud to once again be at the vanguard of legal solutions, being able to lead children to a world of possibilities where they could have a family, love, education, and health, and at the same time be able to find a family who will make sure the future of a child.
As a lawyer and Italian citizen it is a privilege to be able to work in the family formations. We achieve we work together with a group of processionals in Argentina, Italy, and several other countries so that you feel legally accompanied and assured from the first day you contact for our services.
Adoptions are done in a secure judicial framework in Italy, and the country where you will adopt and where you will reside. We can continue with the adoptions and guide you through the whole process, with staff and structure in Haiti, Brazil, Colombia, Ukraine, Bulgaria, Poland, and Hungary. Please remember that each country has its own requirements for eligibility to adopt.
International adoption of Argentine residents in Argentina.
Argentina has not signed and does not anticipate signing the Hague convention 1993 concerning the Protection of Children and the Cooperation on Adoption. On multiple occasions, I have been asked the reasons why Argentina has not signed the treaty that would allow several children to have families, so much as in Argentina as in outside countries. In my opinion we should ask, if this convention has 95 countries who signed and we are the only country in South America who has not signed it, something is not going well.
Several people ask if today we can or cannot adopt from another country if we reside in Argentina. The answer is yes, we can. There is no law that prohibits this, but there are roadblocks that make it difficult to adopt in another country.
In the Province of Buenos Aires, today in a case accepted by our firm made it mandatory for courts with jurisdiction to process international adoptions. Later in September 2012 through a simple agreement the same provincial court prohibited the courts to give certificates of suitability for international adoptions unless the authorization comes from an authority with jurisdiction and has fundamental humanitarian reasons.
The Ministry of Foreign Affairs will only legalize adoption documents that come with a court decision in Argentina. This is correct because several families made reports in a private way or in unfinished cases that were later used out of country, especially in Russia and Haiti.
The visas granted by Argentine consulates in other countries have a different story. Even while families pass several obstacles trying to adopt children in Africa they have to face the eternal problem of the visa, which will not be granted unless there a decision granted by a court order in Argentina or in the forign contry. Airlines will not allow you to travel without a visa if it is required.
Another obstacle comes from the fact that the majority of countries have signed the Hague convention and Argentina did not.
We say international adoption today is like a race of obstacles, and it is difficult to pass them. Certainly a lot of children all over the world need a family. About 150 million children lost at least one parent and 18 million lost both. In the world today there are more children that live in foster homes than those that actually were adopted, according to the United Nations.
Kavala is an Islamic institute by which the “Kafil” acquires the compromise of becoming responsible for the education, and protection of a child the “makful” like a father would do for his son. It is similar to a permanent placement of a child with a court decision, and a court gives the authorization for the child to leave the country. Kafala appears covered in the Convention on the Rights of the Child, Article 20. It is a different way to ensure a future for a lot of children.
Argentine, agencies, international adoptions.
Because of numerous consultations about whether an association, foundation, ONG, agency in Argentina can approve an international adoption in Haiti or other states, the answer is "NO", it cannot be done. There are no agencies that can process international adoptions that are based in Argentina.
International adoptions of residents in Argentina regarding adoptions in Haiti
It is not possible for residents in Argentina to adopt in Haiti. This is because it is necessary to process everything through an accredited adoption agency in Argentina, it does not exist there. Any entity that claims such power is against the law and public order.