Namibia and the Hague Convention

Zambezi River.
Source: Wikipedia.org.

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

A 2007 Namibian High Court ruling makes intercountry adoption possible. However, there is no specific law governing adoptions in Namibia. Intercountry adoption is covered by the Ministry of Gender Equality and Child Welfare pursuant to The Children’s Act of 1960. Currently, it is very difficult for non-resident foreigners to adopt. In general, only foreigners residing in Namibia have been allowed to adopt Namibian children. Further, the list of prospective adoptive parents for Namibia exceeds the list of children eligible for intercountry adoption, making adoption by non-resident foreigners an even more difficult and lengthy process.

Intercountry adoption in Namibia is legal but bureaucratically complex. At a minimum, it involves approval from the Ministry of Gender Equality and Child Welfare and a final court order recognizing the adoption. Close coordination with the Ministry of Home Affairs and Immigration is also required. Each intercountry adoption in Namibia is handled according to its unique circumstances; specific steps, and the order in which they occur, may vary from case to case.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Namibia, 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. law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.

Back to Adopting from Namibia