New Haitian Adoption Law

On November 15th, 2013, the new adoption law was published in Le Moniteur, making it the official law of Haiti.

A translation of the new law as published is available here:

Here are the current legal qualifications for adoptive families:

Section 2

Regarding future adoptive parents

Article 7
Any individual meeting the criteria established by the current law, having the moral, psychological and sociocultural qualities and abilities to enable the growth and development of the adopted child, having never be convicted for any crime and having never lost his civil and political rights is eligible to adopt.

In the case of a domestic adoption, candidates must be considered as qualified and able to adopt by the Central Authority.

In the case of an international adoption, candidates must be considered as qualified and able to adopt by the relevant authorities of their country of residency.

Article 8
Adoption can be required jointly by a heterosexual couple married and not separated, after 5 years of marriage and when one of the spouses is at least 30 years old.

The set age condition is not required in case of adoption of the spouse’s or partner’s child.

Article 9
Two people of different genders living together for at least 5 years and if one of the partners is 30 years old can request to adopt a child. Cohabitation must be established by a certificate delivered by relevant authorities and consent of both cohabitants is required except if one of them cannot express his will.

Article 10
Applications of single individuals over 35 years old are accepted. The single adoptive individual cannot be older than 50 years old.

Article 11
Adoptive parents’ age cannot be over 50 years old for the eldest of both spouses or partners. This age limit does not apply when adopting the spouse’s child or in intrafamilial adoptions.

Article 12
Adoptive parents must be 14 years older than the child that they want to adopt. If they are children of their spouse or of a close relative, the difference of age required is reduced to 9 years.

Article 12.1
In the case of the adoption of the biological child of one of the spouses, the other spouse adopts alone.

Article 13
The birth in the home of one or several biological children is not an obstacle to adoption by two spouses of one or several children that were taken care of previously by them and who are still in their care.

Article 14
If the adoptive parent already has biological or adopted children, these must give their opinion when they are older than 8 years.

Article 15
An individual residing in Haiti can adopt a child residing in another country according to the laws of the habitual country of residence of the child.

However the prospective adoptive parent must be previously declared qualified and able to adopt and receive the necessary advice prior to approval from IBESR.