Burma and the Hague Convention
Burma 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).
Below is the limited adoption information that the Department has obtained from the adoption authority of Burma. U.S. citizens interested in adopting children from Burma should contact the adoption authority of Burma to inquire about applicable laws and procedures. U.S. citizen prospective adoptive parents living in Burma who would like to adopt a child from the United States or from a third country should also contact Burma’s adoption authority. See contact information below.
Burmese law does not allow non-Burmese nationals to adopt or have legal custody of Burmese children. The Kittima Adoption Act of 1941, which is still in force, restricts the right to adopt to Burmese citizens who are Buddhist. The Government of Burma does not recognize dual citizenship.
Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are adoptable. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when this becomes possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to their child(ren)’s adoption.
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