Adopting Brazilian Child by Foreign National(Non American)

Dear All,

Do Brazilian LAw allow the foreign National(Non Brazilian, Non American) Adopt a Brazilian child? If we adopt a child from Brazil Do we have to live in Brazil or If we adopt a child from Brazil do government allow us to live in Brazil taking care of child?

We are a couple without kids.. and we Also liking to move to South America. and considering Brazil as one destination.... We are thinking that Can we adopt a child from Brazil? as we need a change in our life?

What are the requirement for foreign national to adopt a child? Do we have to show certain amount and money which will show that rather we can take good care of the child? What are the legal issues involved in it and how long the process takes?? Do we have to take child nationality of our home country to take him there or vice versa that we can get a brazilian nationality on the basis of adopting and we can stay with child in Brazil or we need to keep renewing our visa or there is any permanent solution??

Waiting reply

In theory it is possible for you to adopt a Brazilian child. In theory....

For all practical purposes, unless you live in Brazil (and already have a permanent visa) it's near impossible, unless you are willing to adopt an unadoptable child.

You'd be looking at least at 5 years, and that is a very very low estimate.

lawyer_rio wrote:

In theory it is possible for you to adopt a Brazilian child. In theory....

For all practical purposes, unless you live in Brazil (and already have a permanent visa) it's near impossible, unless you are willing to adopt an unadoptable child.

You'd be looking at least at 5 years, and that is a very very low estimate.


Hi lawyer_rio,

Thanks for your reply.. So your mean one has to get Permanent Residence 1st and then a couple can adopt a child?

Basically yes. You can try, and you might be able to a child that has not been able to get adopted by brazilians or people with permanent residency (unadoptable)

Actually, adoption procedure is so slow in Brazil that a lot of children that could have been adopted become "unadoptable".

lawyer_rio wrote:

Basically yes. You can try, and you might be able to a child that has not been able to get adopted by brazilians or people with permanent residency (unadoptable)

Actually, adoption procedure is so slow in Brazil that a lot of children that could have been adopted become "unadoptable".


Thanks lawyer_rio,

Atleast you give me some hope.. But can we do it on tourist visa? or if process take long time.. Did this Adoption will make us eligible applying for permenent residence if we like the Brazil so we can live with the child there?? If so any conditions and law??
regards

Hello ODAN,

First of all it is highly doubtful that the Brazilian government will even consider adoption of a Brazilian child by a Pakistani citizen, because of the ongoing turmoil in that country. Normally the government (i.e. the Courts) consider the following:

financial conditions of the potential adoptive parents;
age of adoptive parents;
length of time married;
professions of adoptive parents;
psychological makeup of adoptive parents;
other children in family, if any;
political and economic situation in country of adoptive parents in the case of international adoptions.

Even if the Courts (Vara de Infância e Juventude) found ALL of the other conditions to be good and in your favor, they would certainly not consider an adoption which would potentially send a child to a foreign nation where there were so many violent outbreaks and attacks.

You would not be able to adopt a Brazilian child with only a tourist visa, since the process is too long for this. It is also unlikely that as a Pakistani citizen you would be given a 90 day tourist visa at any rate. More likely it would only be issued as a 30 day visa. If you have looked back through any of my postings about visas for citizens from India and Pakistan you'd already know that it is ten times harder for citizens of those countries to obtain any kind of Brazilian visas. No, it's not fair - I know, but that's just the way it really is. Any government has the right to set their own immigration rules and Brazil has chosen to make it almost impossible for Pakistanis and Indians to enter the country.

I hate to destroy any dreams or illusions that you may have, but I think that it would be absolutely impossible for you to adopt a Brazilian child because the Courts and the government would view any potential adoption as simply some kind of strategy to obtain permanency, no matter what your motives really are. If you're really serious about adopting a Brazilian child then I'd suggest that you find some other way in order to obtain permanency in this country FIRST, such as a VIPER Permanent Visa for Investors and for that you'd need to invest a minimum of 150 thousand Brazilian Reais (BRL) which is about $75 thousand US dollars. That money could not be repatriated back to Pakistan.

http://yoursmiles.org/tsmile/flag/t67118.gif  Cheers,  http://yoursmiles.org/tsmile/flag/t67054.gif
  William James Woodward – Brazil Animator, Expat-blog Team

wjwoodward wrote:

Hello ODAN,

First of all it is highly doubtful that the Brazilian government will even consider adoption of a Brazilian child by a Pakistani citizen, because of the ongoing turmoil in that country. Normally the government (i.e. the Courts) consider the following:

financial conditions of the potential adoptive parents;
age of adoptive parents;
length of time married;
professions of adoptive parents;
psychological makeup of adoptive parents;
other children in family, if any;
political and economic situation in country of adoptive parents in the case of international adoptions.

Even if the Courts (Vara de Infância e Juventude) found ALL of the other conditions to be good and in your favor, they would certainly not consider an adoption which would potentially send a child to a foreign nation where there were so many violent outbreaks and attacks.

You would not be able to adopt a Brazilian child with only a tourist visa, since the process is too long for this. It is also unlikely that as a Pakistani citizen you would be given a 90 day tourist visa at any rate. More likely it would only be issued as a 30 day visa. If you have looked back through any of my postings about visas for citizens from India and Pakistan you'd already know that it is ten times harder for citizens of those countries to obtain any kind of Brazilian visas. No, it's not fair - I know, but that's just the way it really is. Any government has the right to set their own immigration rules and Brazil has chosen to make it almost impossible for Pakistanis and Indians to enter the country.

I hate to destroy any dreams or illusions that you may have, but I think that it would be absolutely impossible for you to adopt a Brazilian child because the Courts and the government would view any potential adoption as simply some kind of strategy to obtain permanency, no matter what your motives really are. If you're really serious about adopting a Brazilian child then I'd suggest that you find some other way in order to obtain permanency in this country FIRST, such as a VIPER Permanent Visa for Investors and for that you'd need to invest a minimum of 150 thousand Brazilian Reais (BRL) which is about $75 thousand US dollars. That money could not be repatriated back to Pakistan.

[img align=l]http://yoursmiles.org/tsmile/flag/t67118.gif[/url]  Cheers,  [img align=r]http://yoursmiles.org/tsmile/flag/t67054.gif[/url]
  William James Woodward – Brazil Animator, Expat-blog Team


thanks wjwoodward,

If i need to invest.. can i invest into real estate? can a foriegn national buy a real estate in Brazil even on Tourist visa?? Someone told me one has to open a company 1st and then only he can buy real estate?? it means it not only restrict on buying a property of worth 150,000 brazilian??? u should buy a property of this worth or u should transfer money 150,000 brazilian and then u can buy property of any worth but u shoul ned 1st to take  certificate from bank that ur money is here in brazil? and then u can buy a proprty of brazilian 100,000 and keep rest with you? or u have to invest all???

waiting reply

For an investiment visa, you need to invest R$ 150.000 in a new or existing company. You can't use it to buy a home.

Actually, unless the Ministério de Trabalho e Emprego (MTE) has caught on to the scheme and closed the loophole you really can use the money to buy real estate, provided that it is intended to generate rental income.

I've heard from several people who've bought two or more apartments (supposedly to rent out) and obtained their visas that way. What they did was they rented one apartment to generate income and rented the other to themselves, using of course the income generated from the first apartment. So essentially they were paying rent to themselves.

As I said, it could be done in the past, but I don't know if it's  still possible. You'd really need to check with the MTE and see if they allow investment in rental property still.

http://yoursmiles.org/tsmile/flag/t67118.gif  Cheers,  http://yoursmiles.org/tsmile/flag/t67054.gif
  William James Woodward – Brazil Animator, Expat-blog Team

That loophole has been closed. They money must be directly transferred into the company account. It may sit in the bank, or be actually used.

In any case, when you renew you must prove the company is actuall active.

Thanks, it's important information for me to know........ not that it's going to make lots of people happy!:(

It was great while it lasted, kind of figured that it wouldn't take long for the government to catch on to it...

http://yoursmiles.org/tsmile/flag/t67118.gif  Cheers,  http://yoursmiles.org/tsmile/flag/t67054.gif
  William James Woodward – Brazil Animator, Expat-blog Team

AFIK, it's been like this for a couple of years now.