ADOPTION
TheHague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption strengthens protections for children, birthparents, and prospective adoptive parents. It also establishes adoption rules for Convention countries. Brazil and United States are parties to the Convention. Therefore, all adoptions between Brazil and the United States must adhere to U.S. law and the Convention’s requirements. Brazilian law does not allow a Brazilian child to travel to the United States to be adopted.
For more information, please refer to the following page on this website:Adoption
Please also visit theIntercountry Adoption websiteof the Office of Children’s Issues.
INTERNATIONAL PARENTAL CHILD ABDUCTION
International parental child abduction is the removal or retention of a child outside their country of habitual residence in breach of another parent or guardian’s custody rights.
The Government of the United States has designated the Office of Children’s Issues of the Department of State as its central authority for child abduction cases.
Pleaseclick herefor information on the Office of Children’s Issues and international child abduction.
The U.S. Embassy and Consulates in Brazil can provide you with a list of local attorneys should you require legal representation.
We can also monitor the welfare of children involved in custody disputes when the child is in Brazil.
MINORS TRAVELING TO/THROUGH BRAZIL WITHOUT ONE OR BOTH PARENTS
Children who are dual citizens of Brazil and the U.S: Brazilian law requires any minor who is a Brazilian citizen (even dual nationals who are both U.S. and Brazilian citizens) to have permission from each parent to travel within Brazil or exit the country.When a minor travels with both parents, no written authorization is needed.
When the minor travels with only one parent or without either parent, they must have two original written authorization letters from each absent parent and carry a copy of the child’s birth certificate or have an annotation in their Brazilian passport authorizing travel alone or with only one parent. If the birth certificate was issued in Brazil, copies must be notarized by a Brazilian notary.If issued outside of Brazil, copies must be apostilled and translated by a certified translator into Portuguese.
Brazilian citizen minors without authorization letters and a birth certificate or an annotated Brazilian passport likely will not be allowed by authorities to pass through immigration or to board a flight departing Brazil. The U.S. Embassy and Consulates in Brazil cannot intervene in Brazilian immigration matters or request that this requirement be waived for U.S. citizen travelers.
Written Authorization Letter:If the absent parent is in Brazil, written authorization letters must be in Portuguese and notarized by a Brazilian notary.If the absent parent is in the United States or elsewhere outside of Brazil, the authorization must be done at the nearest Brazilian Embassy or Consulate using the form provided by that office.
Again, please note that Brazilian law requires two original authorizations for each absent parent. This is important, because Federal Police may request and retain one authorization upon the minor’s entry into Brazil.Authorities may then request the second original document upon the minor’s departure.
Authorizations written in English or executed before a U.S. (or any non-Brazilian) notary public are not accepted by the Brazilian Federal Police.Similarly, birth certificates issued outside of Brazil that are not apostilled and translated by a certified translator may not be accepted.
Passport Annotation:In lieu of carrying authorization letters, parents of dual U.S.-Brazilian citizen minors may instead request an annotation be placed in the minor’s Brazilian passport authorizing the minor to travel with only one parent, or to travel alone or with a third party.This annotation replaces the requirement for written authorization letters until the passport expires.Parents residing in Brazil should contact the Brazilian Federal Police for details on obtaining an annotated passport.Parents residing abroad should contact the nearest Brazilian Embassy or Consulate.The annotated Brazilian passport must not be expired and must be always carried along with the minor’s U.S. passport.There is no comparable annotation available in U.S. passports.
Children who are not dual citizens of Brazil:Please note that, while Brazilian law related to travel authorization does not explicitly apply to non-citizens of Brazil, Federal Police have, at times, delayed the travel of non-Brazilian minors who lack appropriate authorization from both parents.For this reason, we recommend that families of non-Brazilian minors who may travel through Brazil without one or both parents execute written authorizations (following the instructions in the preceding paragraph) in advance of travel and ensure that the minor, or the minor’s traveling companion, carries the original or notarized copy* of the minor’s birth certificate.
Information regarding the form used by Brazilian authorities to document parental permission for minors to travel without one or both parentsmay be found here.
MINORS TRAVELING TO THE UNITED STATES WITHOUT ONE OR BOTH PARENTS
United States Customs and Border Protection (CBP)controls the entry of people into the United States. CBP strongly recommends that children carry a letter authorizing international travel when traveling alone or with one of the following adults:
- Other parent
- Adult sibling
- Adult relative
- Legal guardian
- Non-relative adult
The letter must state the following:
- Child’s name and birth date
- Name(s) of legal custody adult(s) (Parents, legal guardians, etc.)
- Contact information of legal custody adult(s)
- Name of adult(s) accompanying the child and their relation (Aunt/Uncle, Grandparent, teacher, chaperone, etc.)
- Purpose of travel (Visiting relatives, vacation, school trip, etc.)
- Dates of travel
- Places of travel (Countries where visiting, cities, etc.)
There is no regulation that requires the authorization letter to be notarized. However, CBP highly advises this, because notarization is proof that the Notary has identified the person(s) signing the letter as being the actual parent(s) or legal guardian(s).
CBP recommends that single parents also provide documentary proof that there is no other parent of the child (only one parent stated on birth certificate, single adoption, parent death, sole custody, etc.).
If you have not yet viewed CBP FAQs regarding children on travel, you are encouraged to view them using the following linkhttps://help.cbp.gov/s/global-search/children.
MARRIAGE INFORMATION
All individuals, regardless of nationality, who would like to be married in Brazil must comply with Brazilian law. Consular officers cannot perform marriages and marriages may not be performed at the U.S. Embassy or Consulates.
In Brazil, a civil process legalizes the marriage. Religious ceremonies may also be performed, but they are not legally recognized. Civil ceremonies may be performed at Civil Registry offices (Registros Civis or Cartórios)and are normally held at the office that has jurisdiction over the resident.
Visit the Civil Registry office closest to where you live for the required forms, documents, fees and procedural information.If neither you nor your partner live in Brazil, visit the Civil Registry office closest to where you would like to get married.
The information below will help guide you in the marriage process, though Civil Registry offices will have the most up-to-date information.
Documents and Forms required for marriage in Brazil:
- Birth certificate: The U.S. Embassy and Consulates do not provide translation services.
- Evidence of termination of prior marriage (if applicable):If you are divorced or widowed, you may be required to present previous marriage, divorce, or death certificates. Divorce decrees from countries other than Brazil must also be legalized by the Federal Supreme Court in Brasília. This procedure generally requires the assistance of a Brazilian attorney. Alist of attorneysis available at this website.
- Brazilian identity card:(if applicable) If you are a resident of Brazil, you will need a copy of your Brazilian ID, authenticated by a local public notary.
- Evidence of single marital status: The Civil Registry Office in Brazil may request evidence in the form of a sworn self-declaration at a U.S. Consulate, in whichyou declareyour marital status or abbreviations of your name. If you would like to request this document, please schedule an notarial servicehere. The fee is U$ 50.00 and you must present our U.S. passport.
- Civil Registry Office application form.
- A copy of your U.S. passport biographical data page, certified by a Civil Registry office.
Marriage license
After you have filed your documents and paid the fees, there is a waiting period of about 30 days before the marriage license is approved. You then have three months to get married.
Apostilles
Under the Hague Apostille Convention, public documents bearing anApostilleare recognized in all signatory countries. The United States and Brazil are both members.
Apostilles for Brazilian public documents, such a marriage certificates, can be obtained at certain Civil Registry offices (cartórios). Verify if a particular office has this service before you go. Apostilles do not require any further certification to be recognized in the United States.
The U.S. Embassy and Consulates do not provide Apostilles or assist in obtaining them.
