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	=Who Can Adopt=		=Who Can Adopt=
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		+	In addition to these U.S. requirements for prospective [[Adoptive Parents|adoptive parents]], Malawi also has the following requirements for prospective [[Adoptive Parents|adoptive parents]]:
	==Residency==		==Residency==
		+
		+	In a May 2009 Malawi Supreme Court decision, the Court determined that an [[adoption]] may be granted to foreign adopting parents so long as the parent(s) are not temporary visitors to Malawi and have a serious commitment or connection to Malawi. This decision effectively set aside the informal practice of requiring foreign adopting parents to foster the prospective [[orphan]] for a period of 18 months. (Note: this former practice was never set forth in Malawi law or regulation). While the Ministry of Gender, Child, and Community Development has not promulgated a written policy implementing the May 2009 Supreme Court decision, we have observed that lower court judges are issuing [[adoption]] decrees to foreign adopting parents which adhere to the Supreme Court decision.
		+
		+	'''Note: In all cases, prospective [[Adoptive Parent|adoptive parent]](s) should consult with an experienced Malawi attorney for more information.'''
	==Age of Adopting Parents==		==Age of Adopting Parents==
		+
		+	Prospective [[Adoptive Parent|adoptive parent]](s) must be at least 25 years old and at least 21 years older than the prospective adoptive child.
	==Marriage==		==Marriage==
		+
		+	Both married and single persons may [[adopt]]. An [[adoption]] order shall not be made in any case where the sole applicant is male and the child is a female unless the court is satisfied that there are special circumstances, which justify the exception.
	==Income==		==Income==
		+
		+	NONE
	==Other==		==Other==
		+	No guidance or regulation regarding gay and lesbian [[adoption]], and/or [[adoption]] by same-sex couples.
	=Who Can Be Adopted=		=Who Can Be Adopted=

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Revision as of 04:12, 31 March 2014

Hague Convention Information

Malawi is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(the Hague Adoption Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F).

The Malawi Adoption of Children Act of 1949 does not address intercountry adoptions and courts have wide discretion on how they handle adoptions. Although a May 9, 2009, Malawi Supreme Court decision gave courts more leeway in granting adoptions for foreign adoptive parents, the decision has not resulted in a permanent change to the country's intercountry adoption laws or regulations. The courts in Malawi assess each case individually, taking into consideration the circumstances of the prospective adoptive child. The May 9, 2009, Supreme Court decision did, however, set aside the requirement that prospective adoptive parents live in Malawi and foster a child for a period between 18 and 24 months before an adoption is granted.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Malawi, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determine Who Can Adopt under U.S. immigration law.

Additionally, a child must meet the definition of orphan under U.S. law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.

Who Can Adopt

In addition to these U.S. requirements for prospective adoptive parents, Malawi also has the following requirements for prospective adoptive parents:

Residency

In a May 2009 Malawi Supreme Court decision, the Court determined that an adoption may be granted to foreign adopting parents so long as the parent(s) are not temporary visitors to Malawi and have a serious commitment or connection to Malawi. This decision effectively set aside the informal practice of requiring foreign adopting parents to foster the prospective orphan for a period of 18 months. (Note: this former practice was never set forth in Malawi law or regulation). While the Ministry of Gender, Child, and Community Development has not promulgated a written policy implementing the May 2009 Supreme Court decision, we have observed that lower court judges are issuing adoption decrees to foreign adopting parents which adhere to the Supreme Court decision.

Note: In all cases, prospective adoptive parent(s) should consult with an experienced Malawi attorney for more information.

Age of Adopting Parents

Prospective adoptive parent(s) must be at least 25 years old and at least 21 years older than the prospective adoptive child.

Marriage

Both married and single persons may adopt. An adoption order shall not be made in any case where the sole applicant is male and the child is a female unless the court is satisfied that there are special circumstances, which justify the exception.

Income

NONE

Other

No guidance or regulation regarding gay and lesbian adoption, and/or adoption by same-sex couples.

Who Can Be Adopted

How to Adopt

Adoption Authority

The Process

Traveling Abroad

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information