Revision as of 02:28, 28 February 2014

Hague Convention Information

Djibouti 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).

Adoption in Djibouti is a complicated, time consuming process with many legal hurdles. There are no adoption agencies to facilitate the process. Many legal procedures must be completed in-person, and in French or Somali. There is no clear, uniform adoption procedure. Generally, only non-Djiboutian children considered to be abandoned in Djibouti are available for adoption; and even in these cases, restrictions abound. Djiboutian children can be adopted only in very exceptional cases (mostly by family members), and at the discretion of the Djiboutian government. Adoption in Djibouti is divided into two types: simple and plénier. Simple adoption is when someone cares for the child as his/her own, but the child’s name is not changed and the biological parents retain parental rights. A plénier adoption is when the biological parents irrevocably relinquish parental rights and the child’s last name is changed to match the adoptive parents. For the purposes of U.S. immigration law, a plénier adoption is required.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

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

Who Can Adopt

In addition to U.S. immigration requirements, you must also meet the following requirements in order to adopt a child from Djibouti:

Residency

Prospective adoptive parents must be physically present in Djibouti at the time of the proposed adoption, but need not be residents. The child must be both physically present and a resident of Djibouti.

Age of Adopting Parents

Prospective adoptive parents must be at least 25 years of age and must be at least 15 years older than the child. If the prospective adoptive parent is a relative, he/she need only be 21 years old. The prospective adoptive parent(s) must also be morally and physically sound, as determined by the Government of Djibouti.

Marriage

Prospective adoptive parents do not need to be married in order to complete the adoption process. Lesbian, gay, bi-sexual, transgendered, or intersex (LGBTI) individuals adopting as individuals or couples are not eligible to adopt in Djibouti.

Income

Djiboutian law does not stipulate any specific income requirements; only that prospective adoptive parents should demonstrate that they have a steady, monthly income.

Other

Djiboutian Sharia law only allows for adoption of Djiboutian national children within a family or clan. Adoption of Djiboutian children by non-family members is not permitted. It is unclear whether the Government of Djibouti would allow non-Muslim prospective parents to adopt a child that was born to Muslim biological parents - this has been historically prohibited.

Who Can Be Adopted

In addition to U.S. immigration requirements, Djibouti has specific requirements that a child must meet in order to be eligible for adoption:

RELINGQUISHMENT:Only children whose parents are willing to irrevocably relinquish their parental rights are eligible for adoption – the adoption must be a “plenary adoption”.

ABANDONMENT: Only non-Djiboutian children are considered to be abandoned. Djiboutian children are automatically assigned a Djiboutian guardian within their family or clan if their parent or guardian is unable to care for them. In the case of non-Djiboutian children, they must be declared abandoned by a court – standard criteria do not exist.

AGE OF ADOPTIVE CHILD: Children must be 17 years of age or younger. Please note, however, that in order for a child to meet the definition of orphan under U.S. immigration law, a Form I-600 petition must be filed while the child is under the age of 16 (or under the age of 18 if adopted, or to be adopted, together with a sibling under the age of 16).

SIBLING ADOPTIONS: There are no known sibling requirements; however this may vary on a case by case basis.

SPECIAL NEEDS OR MEDICAL CONDITIONS: There are no known requirements.

WAITING PERIOD OR FOSTER CARE: There is no defined waiting period; however, the process may take a year or more.

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.

How to Adopt

Adoption Authority

The Process

Traveling Abroad

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information