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How to Adopt from Afghanistan

Nowruz.
Source: wikipedia.org.

This page is for steps 1-4 of How to Adopt from Afghanistan. To learn about steps 5-6 please read How to Adopt from Afghanistan Part 2.

Afghan's Adoption Authority

There is no central government adoption authority. Guardianship proceedings are handled by the Afghan Family Court.

The Process

The process for adopting a child from Afghanistan generally includes the following steps:


  1. Choose an adoption service provider
  2. Identify a child to adopt
  3. Apply to be found eligible to adopt
  4. Gain guardianship of the child in Afghanistan
  5. Apply for the child to be found eligible for orphan status
  6. Bring your child home


1. Choose an Adoption Service Provider

The recommended first step in adopting a child from Afghanistan is to decide whether or not to use a licensed adoption service provider in the United States that can help you with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. The Department of State provides information on selecting an adoption service provider on its website.


2. Identify a Child to Adopt

If you are found eligible to adopt, and have identified a child who is in need of a guardian per Afghan law and meets the definition of orphan under U.S. law, you may petition the Afghan Family Court to obtain guardianship of that child. Each family must decide for itself whether or not it will be able to meet the needs of and provide a permanent home for a particular child.

The child must be eligible to be adopted according to Afghanistan’s requirements, as described in the Who Can Be Adopted section. The child must also meet the definition of orphan under U.S. immigration law.


3. Apply to be Found Eligible to Adopt

In order to adopt a child from Afghanistan, you will need to meet the requirements of the Government of Afghanistan and U.S. immigration law. In order to obtain guardianship of an Afghan child, you must file a guardianship petition with the Afghan Family Court.

Prospective guardians should appear in person at the Afghan Family Court in the province in which they were born (for U.S. citizens who were born in Afghanistan), or in the province in which the child is currently residing, to file a petition for guardianship of a particular child. A designated attorney can represent the prospective guardian in court. The court will consider the request and complete a community/background investigation. If the court approves the guardianship petition, the guardians and two witnesses will appear in person at the Family Court and a legal guardianship decree will be issued. Again, a designated attorney can represent the prospective guardians in court. The final guardianship decree can be obtained from the Family Court in approximately one week.

To meet U.S. immigration requirements, you may also file an I-600A, Application for Advance Processing of an Orphan Petition with U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services to be found eligible and suitable to adopt.


4. Gain Legal Custody of Child in Afghanistan

The process for gaining legal custody in Afghanistan generally includes the following:


  • Role of Adoption Authority: There is no central government adoption authority. Guardianship proceedings are filed in the Afghan family courts.
  • Role of the Court: Prospective parents must petition the Afghan Family Court for guardianship. The court will issue a ‘wasiqa’ granting guardianship to the prospective parents.
  • Role of Adoption Agencies: None.
  • Adoption Application: An application for legal guardianship should be presented to the Afghan Family Court. The application can be obtained through the Family Courts.
  • Time Frame: There is no specific time frame.
  • Adoption Fees: There are minimal fees (less than USD $100) required to apply for legal guardianship and to have the guardianship decree translated into English and authenticated by the court. The current passport fee for a Afghan passport with five year validity is approximately USD $100.
  • Documents Required: Prospective guardians or their attorney should consult the Family Court to determine what documents should be submitted with the guardianship petition. Note: Additional documents may be requested.
  • Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. If so, the Department of State, Authentications Office may be able to assist.


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