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Zambia and the Hague Convention
Source: Wikipedia.org.
Zambia 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). Prospective adoptive parents, including those considering adoption of a Zambian family member, are advised to carefully consider whether that child will meet the definition of orphan under U.S. immigration law.
Zambia is in the process of reviewing its child welfare-related laws, including those pertaining to adoption. This review is a lengthy process, and prospective adoptive parents should be aware that adoption procedures may be amended at any time.
U.S. citizens living outside Zambia may find it particularly challenging to adopt a Zambian child. Currently, there are no registered U.S. adoption agencies authorized to work in Zambia. Prospective adoptive parents may wish to hire a local attorney to assist with local adoption procedures. Please note that the U.S. Embassy in Lusaka, Zambia cannot represent prospective adoptive parents before the Zambian government or courts or act as a liaison for parents during the adoption process.
Zambian courts do not issue custody/guardianship orders for the purpose of finalizing adoptions abroad. Both prospective adoptive parents, if married, must physically appear before the court in order to adopt a child, though the court may subsequently permit one parent to return home while the other stays behind to conclude the process.
U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
To bring an adopted child to the United States from Zambia, 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.
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