South Africa and the Hague Convention

Mapungubwe Hill
Source: Wikipedia.org.

South Africa is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Therefore all intercountry adoptions between South Africa and the United States must meet the requirements of the Convention and U.S. law implementing the Convention.

South African law recognizes two kinds of adoptions by foreigners:

1. Local adoptions of children resident in South Africa by foreign residents of South Africa, and

2. Intercountry adoptions of children resident in South Africa by foreign citizens residing abroad.

The first category (“non-Hague adoption”) requires the foreign adoptive parent(s) to be resident for five years in South Africa, and the adoptions are handled by an accredited agency and finalized by the Department of Social Development under laws relating to local adoptions. Note: Under applicable U.S. laws and regulations, children adopted in non-Hague adoptions will only be eligible for immigration to the United States after a waiting period of two years’ residence and two years’ legal custody with the adoptive parent(s).

The second category (“Hague adoption”) is only available to citizens of countries with a working agreement between the prospective adoptive parent’s country of origin and South Africa. As of this writing, there have been no working agreements finalized between South African and U.S. adoption service providers. Please contact the U.S. Consulate Johannesburg Immigrant Visa Unit (contact information below) for the latest information regarding adoption in South Africa.

There have been a number of cases in which American Citizens have been issued “Guardianship Orders” from the South African High Court. These orders do not constitute “irrevocable release for adoption and immigration” as required by United States Immigration Law. As such, they cannot be used for immigration purposes.

NOTE: Special transition provisions apply to adoptions initiated before April 1, 2008. Learn more.

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