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Mauritania and the Hague Convention
Source: cia.gov.
Mauritania 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 Mauritania. U.S. citizens adopting children in rare adoption cases from Mauritania, as well as U.S. citizen prospective adoptive parents living in Mauritania who would like to adopt from the United States or from a third country, should contact the adoption authority of Mauritania to inquire about applicable laws and procedures. See contact information below.
In addition to U.S. requirements for adoptive parents, Mauritania also has the following requirements for adoptive parents:
Adoption is not allowed under Mauritanian law, but legal guardianship is allowed through the determination of a court. The Mauritanian judicial system is based on a strict interpretation of Islamic Sharia law. To qualify as a guardian, one must be a blood-relative who is either Muslim or lives in a Muslim environment. In the event of the inability of a parent to care for his/her children, Mauritanian law gives a strict sequence of eligible blood relatives for guardianship. However, it is up to the discretion of a judge to determine who is most eligible for the guardianship of a child.
The 2002 Family Code, promulgated by the Mauritanian Ministry of Justice, includes sections on guardianship and custody. The Family Code does not cover scenarios in which a parent or legal guardian can pass guardianship to a foreigner. It is possible for a lawyer to assist in obtaining approved guardianship from a Mauritanian court. This may be sufficient to allow the child to be eligible for an immigrant visa under U.S. immigration laws, however, Mauritanian law generally prohibits non-family members from removing children from Mauritania.
PLEASE NOTE: The U.S. Embassy in Dakar, Senegal issues immigrant visas for Mauritanian citizens, including adopted orphans.
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.
Please visit the Department of State’s Country Specific Information for more information on travelling to Mauritania and the U.S. Embassy Mauritania’s website for information on consular services.
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