Brunei and the Hague Convention

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Source: cia.gov.

Brunei 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).

Adoptions from Brunei are rare; fewer than five adoptions by U.S. citizen parents have taken place over the last decade. Below is the limited adoption information that the Department has obtained from the adoption authority of Brunei. U.S. citizens interested in adopting children from Brunei should contact the adoption authority of Brunei to inquire about applicable laws and procedures. U.S. citizen prospective adoptive parents living in Brunei who would like to adopt a child from the United States or from a third country should also contact Brunei’s adoption authority. See contact information below.

Under Bruneian law, only Muslims can adopt a Muslim-born child; when a Muslim applicant adopts a non-Muslim-born child, the child is considered Muslim. A non-Muslim can adopt only a non-Muslim-born child and cannot adopt a child whose parents are unknown. A married couple seeking to adopt a child – defined as under 18 years of age – must have a stable economic background and each prospective adoptive parent in the couple must be at least 25 years old and at least 18 years older than the child (if Muslim) or at least 21 years older than the child (if non-Muslim). If the applicant is a single male, he can adopt only a male child and must meet the other requirements; if the applicant is a single female, she can adopt a child of any gender provided she meets the other requirements.

Applications by Muslims are processed through shariah courts and, by non-Muslims, through civil courts.

Once the adoption becomes final, no post-adoption reporting is required.

Please note that in order for a child to meet the definition of orphan under U.S. immigration law, a Form I-600 petition must be filed while the child is under the age of 16 (or under the age of 18 if adopted, or to be adopted, together with a sibling under the age of 16).

Please visit the Department of State’s Country Specific Information for more information on travelling to Brunei and U.S. Embassy Brunei’s website for information on consular services.

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