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	=Hague Convention Information=		=Hague Convention Information=
		+	Nigeria is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (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).
		+
		+
		+	Individuals who are not Nigerian citizens are not legally allowed to [[adopt]] in Nigeria.  When a married couple is adopting, both must be Nigerian citizens.  Only U.S. citizens who also have Nigerian citizenship are allowed to [[adopt]] children in Nigeria.  Nigerian adoption laws are complex and vary from state to state.  At the national level, adoptions are regulated by the Nigerian Child Rights Law or the Adoption Act of 1965.  Depending on where the adoption takes place, the specific law and regulations governing the adoption may differ.
		+
		+
		+	In general, prospective [[Adoptive Parents|adoptive parents]] who intend to [[adopt]] a specific child must first obtain temporary [[custody]] of the child.  Prospective [[Adoptive Parents|adoptive parents]] are advised to obtain information on adopting in individual states through the state social welfare office.  Please note that the only legal way to do an adoption in Nigeria is to work with the respective state social welfare office (usually named the State Ministry of Women's or Family Affairs).  Prospective [[Adoptive Parents|adoptive parents]] should not attempt to process their adoption through local officials who may attempt to circumvent the legal process.  Adoption decrees must state that they are full and final in order for an immigrant visa to be issued to the child. The U.S. Consulate General in Lagos (U.S. Consulate) only issues IR3 classification immigrant visas.  Oftentimes, adoption decrees from Nigerian courts put stipulations on the adoption, such as not allowing the child to travel beyond the [[jurisdiction]] of the court or requiring periodic visits to the child by the social welfare office of the respective Nigerian state.  These stipulations may prevent the consular officer from issuing an immigrant visa or cause a delay in the processing of the immigrant visa.
		+
		+
		+	Prospective [[Adoptive Parents|adoptive parents]] must be available to be questioned in court by the magistrate considering the adoption.  Proxy adoptions are not valid in Nigeria. [[Adoptive Parents|Adoptive parents]] who complete adoptions by proxy without fulfilling state requirements risk having their [[I-600]] petitions returned to USCIS for [[revocation]].
		+
		+
		+	Document and identity fraud related to adoptions is a serious concern in Nigeria.  The U.S. Consulate requires that most adoptions be investigated in person in the state where the adoption took place to verify the authenticity of the information provided in the adoption decrees and [[I-600]] petitions.  For security reasons, U.S. government personnel are frequently restricted from traveling to certain parts of the country.  As a result, investigations and the in-country visa application and approval process can cause adoption processing in Lagos to take six to 12 months to complete, after the initial approval of the [[I-600]] by U.S. Citizenship and Immigration Services (USCIS).
		+
		+
		+	'''U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS'''
		+
		+
		+	To bring an [[adopted]] child to the United States from Nigeria, you must meet eligibility and suitability requirements.  The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can [[adopt]] under U.S. immigration law.
		+
		+
		+	Additionally, a child must meet the definition of orphan under U.S. immigration law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.
	=Who Can Adopt=		=Who Can Adopt=

---

Revision as of 23:55, 7 April 2014

Nigeria Adoption Alert

Notice: Adoption Notice for Nigeria (April 26, 2013)

Adoption and guardianship decrees from Nigerian states that lack adoption laws, and adoptions by persons of non-Nigerian heritage, may not be allowable under Nigerian law or acceptable for purposes of U.S. immigration.

The Department of State is aware of instances in which U.S. citizens have sought or are seeking to pursue adoptions in Nigerian states that lack adoption laws. These states include all northern states, with the exception of Plateau State and Nasarawa State. It is unclear whether any adoption or guardianship orders originating in these states can legally occur. Therefore, such orders presented to the U.S. Consulate General in Lagos, as part of an adoption petition filing or visa application, will likely require further investigation. More information on adoption investigations conducted by the U.S. Consulate General, including approximate wait times, can be found here.

Adoption laws in Nigeria are complex. Even in states in which adoption laws exist, specific requirements can differ from state to state. All Nigerian states that have adoption laws require the prospective adoptive parent(s) to be a Nigerian citizen. As a result, adoptions by non-Nigerians may not be acceptable for purposes of U.S. immigration.

The Department advises U.S. citizens interested in pursuing an adoption from Nigeria to research U.S. immigration laws and the relevant Nigerian federal and state laws and procedures by consulting with a reputable, licensed agency or experienced facilitator in the United States, and with the appropriate state social welfare office (usually named the State Ministry of Women’s or Family Affairs) in Nigeria.

Notice: Adoption Notice for Nigeria (January 29, 2013)

Adoption and guardianship decrees from Nigerian states that lack adoption laws, and adoptions by persons of non-Nigerian heritage, may not be allowable under Nigerian law or acceptable for purposes of U.S. immigration.

The Department of State is aware of instances in which U.S. citizens have sought or are seeking to pursue adoptions in Nigerian states that lack adoption laws. These states include all northern states, with the exception of Plateau State and Nasarawa State. It is unclear whether any adoption or guardianship orders originating in these states can legally occur. Therefore, such orders presented to the U.S. Consulate General in Lagos, as part of an adoption petition filing or visa application, will likely require further investigation. More information on adoption investigations conducted by the U.S. Consulate General, including approximate wait times, can be found here.

Adoption laws in Nigeria are complex. Even in states in which adoption laws exist, specific requirements can differ from state to state. All Nigerian states that have adoption laws, with the sole exception of Lagos State, require the prospective adoptive parent(s) to be of Nigerian heritage. As a result, non-Nigerians are not allowed to adopt in most states.

The Department advises U.S. citizens interested in pursuing an adoption from Nigeria to research U.S. immigration laws and the relevant Nigerian federal and state laws and procedures by consulting with a reputable, licensed agency or experienced facilitator in the United States, and with the appropriate state social welfare office (usually named the State Ministry of Women’s or Family Affairs) in Nigeria.

Hague Convention Information

Nigeria is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (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).

Individuals who are not Nigerian citizens are not legally allowed to adopt in Nigeria. When a married couple is adopting, both must be Nigerian citizens. Only U.S. citizens who also have Nigerian citizenship are allowed to adopt children in Nigeria. Nigerian adoption laws are complex and vary from state to state. At the national level, adoptions are regulated by the Nigerian Child Rights Law or the Adoption Act of 1965. Depending on where the adoption takes place, the specific law and regulations governing the adoption may differ.

In general, prospective adoptive parents who intend to adopt a specific child must first obtain temporary custody of the child. Prospective adoptive parents are advised to obtain information on adopting in individual states through the state social welfare office. Please note that the only legal way to do an adoption in Nigeria is to work with the respective state social welfare office (usually named the State Ministry of Women's or Family Affairs). Prospective adoptive parents should not attempt to process their adoption through local officials who may attempt to circumvent the legal process. Adoption decrees must state that they are full and final in order for an immigrant visa to be issued to the child. The U.S. Consulate General in Lagos (U.S. Consulate) only issues IR3 classification immigrant visas. Oftentimes, adoption decrees from Nigerian courts put stipulations on the adoption, such as not allowing the child to travel beyond the jurisdiction of the court or requiring periodic visits to the child by the social welfare office of the respective Nigerian state. These stipulations may prevent the consular officer from issuing an immigrant visa or cause a delay in the processing of the immigrant visa.

Prospective adoptive parents must be available to be questioned in court by the magistrate considering the adoption. Proxy adoptions are not valid in Nigeria. Adoptive parents who complete adoptions by proxy without fulfilling state requirements risk having their I-600 petitions returned to USCIS for revocation.

Document and identity fraud related to adoptions is a serious concern in Nigeria. The U.S. Consulate requires that most adoptions be investigated in person in the state where the adoption took place to verify the authenticity of the information provided in the adoption decrees and I-600 petitions. For security reasons, U.S. government personnel are frequently restricted from traveling to certain parts of the country. As a result, investigations and the in-country visa application and approval process can cause adoption processing in Lagos to take six to 12 months to complete, after the initial approval of the I-600 by U.S. Citizenship and Immigration Services (USCIS).

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Nigeria, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can adopt under U.S. immigration law.

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

Who Can Adopt

Residency

Age of Adopting Parents

Marriage

Income

Other

Who Can Be Adopted

How to Adopt

Adoption Authority

The Process

Traveling Abroad

Applying for Your U.S. Passport

A valid U.S. passport is required to enter and leave Nigeria. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print-all in one place.

Obtaining Your Visa

In addition to a U.S. passport, you also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are attached to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Nigeria, see the Department of State's Country Specific Information.

Staying Safe on Your Trip

Before you travel, it's always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The State Department is a good place to start. The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.

Staying in Touch on Your Trip

When traveling during the adoption process, we encourage you to register your trip with the Department of State. Travel registration makes it possible to contact you if necessary. Whether there's a family emergency in the United States, or a crisis in Nigeria, registration assists the U.S. Embassy or Consulate in reaching you. Registration is free and can be done online.

After Adoption

What resources are available to assist families after the adoption?

Many adoptive parents find it important to find support after the adoption. Take advantage of all the resources available to your family -- whether it's another adoptive family, a support group, an advocacy organization, or your religious or community services.

Here are some good places to start your support group search:

Child Welfare Information Gateway

North American Council on Adoptable Children

Adoption Services Support Group for Adopting Persons

SOURCE

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