Revision as of 05:46, 26 March 2014

The official flag of Kenya.
Source: cia.gov.

Map of Kenya.
Source: cia.gov.

Map of Kenya.
Source: cia.gov.

A group of Maasai men showing their traditional "jumping dance".
Source: Wikipedia.org.

The official coat of arms of Kenya.
Source: Wikipedia.org.

Collage of Nairobi, Kenya.
Source: Wikipedia.org.

A Kikuyu woman in traditional dress.
Source: Wikipedia.org.

A tea plantation near Kericho in the Kenyan highlands.
Source: Wikipedia.org.

A Maasai woman, Kenya.
Source: Wikipedia.org.

Biashara Street in Mombasa, Kenya.
Source: Wikipedia.org.

Sunset over Tsavo East National Park, Kenya.
Source: Wikipedia.org.

Kenya Adoption Alert

Notice: New Kenyan Adoption Committee Formed (February 4, 2014)

The U.S. Embassy in Nairobi received confirmation from the Government of Kenya that the new Adoption Committee members have been named and confirmed. The Adoption Committee held its first session on January 29 and is now processing adoptions again. If you have additional questions on the processing of adoptions in Kenya, please contact the Office of Children’s Issues at askCI@state.gov.

Notice: Kenya Adoption Committee Disbanded (January 7, 2014)

The U.S. Embassy in Nairobi learned that the Kenyan Central Authority, the Adoption Committee, was disbanded, thereby impacting Kenya's ability to process intercountry adoptions. Processing of adoptions is, and will continue to be, delayed until the publication of the nomination of the new committee members. The Department of State understands that this event has triggered a number of inquiries from U.S. adoption service providers who want to learn how the disbandment will affect pending cases. The U.S. Embassy in Nairobi continues to press for clarification and will engage with the new committee once it resumes work. The Department will post any updates regarding this situation on adoption.state.gov as we receive information from the Kenyan authorities.

Hague Convention Information

Kenya is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Intercountry adoption processing in Hague countries is done in accordance with the requirements of the Convention; the U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA); and the IAA’s implementing regulations, as well as the implementing legislation and regulations of Kenya.

• U.S. prospective adoptive parents are reminded that Kenya’s Convention system places certain restrictions on intercountry adoptions. The key items to remember when considering adopting from Kenya are:

• U.S. citizens who have lived in Kenya for fewer than three continuous years are prohibited from completing domestic adoptions in Kenya. Instead, they must complete Convention intercountry adoptions.

• Prospective adoptive parents must work with a U.S. accredited adoption service provider that is also licensed in Kenya and partnered with a licensed Kenyan adoption society. However, because Kenyan adoption societies are responsible for recommending the placement of specific children with prospective adoptive parents to the Adoption Committee, prospective adoptive parents may not work directly with Kenyan adoption societies.

• Prospective adoptive parents are prohibited from adopting children they have previously met, unless the child is a direct blood relative.

• Only children who are at least two years old and declared eligible for adoption by a licensed Kenyan adoption society are eligible for intercountry adoption. Note: Children available for fostering in Kenya are generally in temporary need of care, and are usually not declared eligible for adoption. The U.S. Embassy in Nairobi strongly advises U.S. citizens living in Kenya against fostering children if their underlying intention is to adopt them.

• Kenyan procedures involve finalizing an adoption in Kenya. Prospective adoptive parents therefore should expect to finalize the adoption in Kenya and for the U.S. Embassy in Nairobi to only issue IH-3 visas to Kenyan children who are legally adopted in Kenya.

• Under Kenyan law, it is illegal to publish an advertisement indicating that a parent or guardian desires to place a child for adoption, that a person wishes to adopt a child, or that a person (who is not an adoption society) is willing to facilitate the adoption of a child.

NOTE: U.S. citizens who have been resident in Kenya for more than three years are encouraged to visit Nairobi.usembassy.gov for more information on requirements for domestic adoptions in Kenya.

NOTE: Special transition provisions apply to adoptions initiated before April 1, 2008. Read about Transition Cases.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Kenya, 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 Convention adoptee under U.S. law in order to immigrate to the United States on an IH-3 or IH-4 immigrant visa.

Who Can Adopt

In addition to the U.S. requirements, prospective adoptive parents need to meet Kenya’s to adopt a child from Kenya:

Residency

After parent-child placement, prospective adoptive parents must reside in Kenya with the child for at least three months before legal procedures begin. This requirement may be waived for prospective adoptive parents who are adopting direct blood relatives with whom they already have a familial relationship. Prospective adoptive parents may need to remain in Kenya for up to six to nine additional months in order to meet all the legal requirements to finalize their adoption. The adoption hearing cannot occur until the three-month “homestay” (bonding period) is complete. The hearing process may take an additional six to nine months to complete.

Age of Adopting Parents

One of the prospective adoptive parents must be at least twenty-five years old, but neither parent can be older than sixty-five. Prospective adoptive parents must also be at least twenty-one years older than the child they adopt.

Marriage

Under Kenyan law, adoption orders will not be granted to joint prospective adoptive parents not married to each other. Prospective adoptive parents must be married for at least three years prior to being placed with a child.

Income

While no minimum income is required to adopt from Kenya, the prospective adoptive parents’ homestudy report must show that they can adequately support the child they seek to adopt.

Other

Prior Contact Prohibition: Kenyan law strictly prohibits any contact between prospective adoptive parents and prospective adoptees prior to parent-child placement by a Kenyan adoption society. Child pre-selection is not permitted. The Adoption Committee will likely reject placements of prospective adoptive parents and children to be adopted who have had prior contact. Exceptions are made where prospective adoptive parents are adopting a direct blood relative. NOTE: Single foreign male prospective adoptive parents are not permitted to adopt from Kenya.

Single female prospective adoptive parents can adopt from Kenya if the court is satisfied of the existence of special circumstances. One or more of the following circumstances may be considered:

• The child is a relative;
• The child has special needs and the applicant is willing and has the capacity to care for the child;
• The applicant has adopted or has another biological child or children over whom she exercises parental responsibility;
• The child has a sibling who is also being adopted by the applicant;
• The proposed applicant is the only person available to adopt the child; or
• Where the applicant is the legal guardian of the child or children appointed by will or in adoption proceedings and the parents die or become permanently incapacitated.

Who Can Be Adopted

Because Kenya is party to The Hague Adoption Convention, children from Kenya must meet the requirements of the Convention in order to be eligible for adoption. For example, the adoption may take place only if the competent authorities of Kenya have determined that placement of the child within Kenya has been given due consideration and that an intercountry adoption is in the child’s best interests. In addition to Kenya’s requirements, a child must meet the definition of Convention adoptee to be eligible for an immigrant visa that will allow you to bring him or her to the United States.

Any child who is resident in Kenya can be legally adopted, whether or not the child is a Kenyan citizen or was born in Kenya. However, only children who have been declared eligible for adoption may be matched with prospective adoptive parents for adoption.

NOTE: The child to be adopted must not be previously adopted or subject to a grant of custody (and must not have had prior contact with the prospective adoptive parents) before processing begins.

ELIGIBILITY REQUIREMENTS:

Relinquishment: When prospective adoptive parents seek to adopt a child who has existing parents or legal guardians, consents must be obtained from:

1. Existing parents, guardians, or anyone else contributing to the maintenance of the child under any agreement or order;

2. If applicable, parents or guardian(s) of the mother of the child in a case where the mother is a minor;

3. If applicable, the step-father who has acquired parental responsibility; and

4. The spouse of the prospective adoptive parent, if the spouse is not available in person. A children's court must commit a relinquished child to a children's home before he/she becomes eligible to be adopted.

Abandonment: A children’s court must commit an abandoned child to a children’s home before he/she becomes eligible to be adopted.

Age of Adoptive Child: Only children who are at least two years old are eligible for intercountry adoption. NOTE: If the child being adopted is age 14 or older, he/she must consent to the proposed intercountry adoption.

Sibling Adoptions: Prospective adoptive parents may adopt siblings in Kenya.

Special Needs or Medical Conditions: Unknown.

Waiting Period or Foster Care: A children's court commits an abandoned or relinquished child to a children's home. After six months, if no relatives can be located and no one has come forward to claim the child, a licensed Kenyan adoption society will have the child entered into the registry of children to be adopted.

NOTE: Children available for fostering in Kenya are generally in temporary need of care, and are usually not declared eligible for adoption. Foreigners are only allowed to foster in Kenya if they have been residents for at least one year and are generally not permitted to travel outside of the country with the fostered child. In the past, U.S. citizens have grown attached to children they foster in Kenya and have been unable to take them to the United States. The U.S. Embassy in Nairobi strongly advises U.S. citizens living in Kenya against fostering children if their underlying intention is to adopt them.

How to Adopt

WARNING: Kenya is party to the Hague Adoption Convention. Do not adopt or obtain legal custody of a child in Kenya before a U.S. consular officer issues an “Article 5 Letter” in the case. Read on for more information.

Adoption Authority

Kenya's Adoption Authority

The Adoption Committee

P.O. Box 46205-00100 Nairobi, Kenya Tel: 254-020-2228-411 ext 30040

NOTE: If any of the following occurred prior to April 1, 2008 (the date on which the Hague Adoption Convention entered into force with respect to the United States), the Hague Adoption Convention may not apply to your adoption: 1) you filed a Form I-600A identifying Kenya as the country where you intended to adopt; 2) you filed a Form I-600; or; 3) the adoption was completed. Under these circumstances, your adopted child’s visa application could continue to be processed in accordance with the immigration regulations for non-Convention adoptions. For more information, read about Transition Cases. Similarly, if the Hague Adoption Convention entered into force in Kenya after April 1, 2008, and you have an approved, unexpired Form I-600A or filed a Form I-600 before the entry into force date in Kenya, your adoption may be considered a transition case. Please contact adoptionusca@state.gov with the details of the case if this situation applies to you.

The Process

Because Kenya is party to the Hague Adoption Convention, adopting from Kenya must follow a specific process designed to meet the Convention’s requirements. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order to meet all necessary legal requirements. Adoptions completed out of order may result in the child not being eligible for an immigrant visa to the United States.

1. Choose a U.S. accredited or approved adoption service provider
2. Apply to USCIS to be found eligible to adopt
3. Be matched with a child by authorities in Kenya
4. Apply to USCIS for the child to be found eligible for immigration to the United States and receive U.S. agreement to proceed with the adoption
5. Adopt (or Obtain Legal Custody) of child in Kenya
6. Obtain a U.S. immigrant visa for your child and bring your child home

1. Choose a U.S. Accredited or Approved Adoption Service Provider

The recommended first step in adopting a child from Kenya is to select an adoption service provider in the United States that has been accredited or approved to provide services to U.S. citizens in Convention cases. Only accredited or approved adoption services providers may act as the primary provider in your case. The primary adoption service provider is responsible for ensuring that all adoption services in the case are done in accordance with The Hague Adoption Convention and U.S. laws and regulations. Learn more about Agency Accreditation.

Additionally, Kenyan law requires that U.S. adoption service providers be licensed by Kenya’s Adoption Committee and partnered with a licensed Kenyan adoption society. Prospective adoptive parents can obtain a current list of licensed U.S. adoption service providers and Kenyan adoption societies from the Adoption Committee by calling +254 (0)20 2228-411.

2. Apply to USCIS to be Found Eligible to Adopt

After you choose an accredited or approved adoption service provider, you must apply to be found eligible to adopt by the responsible U.S. government agency, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), by submitting Form I-800A. Read more about Eligibility Requirements.

Once USCIS determines that you are “eligible” and “suited” to adopt by approving the Form I-800A, your adoption service provider will provide your approval notice, home study, and any other required information to the adoption authority in Kenya as part of your adoption dossier. Kenya’s adoption authority will review your application to determine whether you are also eligible to adopt under Kenya’s law.

3. Be Matched with a Child in Kenya

If both the United States and Kenya determine that you are eligible to adopt, and the central authority for Convention adoptions has determined that a child is available for adoption and that intercountry adoption is in that child’s best interests, the Kenyan adoption society may provide you with a referral for a child. The referral is a proposed match between you and a specific child based on a review of your dossier and the needs of a specific child in Kenya. The Kenyan adoption society will provide a background study and other information, if available, about the child to help you decide whether to accept the referral or not. Each family must decide for itself whether or not it will be able to meet the needs and provide a permanent home for a particular child. If you accept the referral, the adoption service provider communicates that to the Kenyan adoption society. Learn more about this critical decision.

4.Apply to USCIS for the Child to be Found Eligible for Immigration to the United States and Receive U.S. Agreement to Proceed with the Adoption

After you accept a match with a child, you will apply to the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval for the child to immigrate to the United States (Form I-800). USCIS will make a provisional determination as to whether the child meets the definition of a Convention Adoptee and will be eligible to enter the United States and reside permanently as an immigrant.

After provisional approval of Form I-800, your adoption service provider or you will submit a visa application to the Consular Section of the U.S. Embassy in Nairobi that is responsible for issuing immigrant visas to children from Kenya. A consular officer will review the Form I-800 and the visa application for possible visa ineligibilities and advise you of options for the waiver of any noted ineligibilities.

WARNING: The consular officer will send a letter (referred to as an “Article 5 Letter”) to the Kenya’s Central Authority in any intercountry adoption involving U.S. citizen parents and a child from Kenya where all Convention requirements are met and the consular officer determines that the child appears eligible to immigrate to the United States. This letter will inform the Kenya’s Central Authority that the parents are eligible and suited to adopt, that all indications are that the child may enter and reside permanently in the United States, and that the U.S. Central Authority agrees that the adoption may proceed.

Do not attempt to adopt or obtain custody of a child in Kenya before a U.S. consular officer issues the Article 5 Letter in any adoption case.

Remember: The consular officer will make a final decision about a child’s eligibility for an immigrant visa later in the adoption process.

5. Adopt (or Obtain Legal Custody) of Child in Kenya

Remember: Before you adopt (or obtain legal custody of) a child in Kenya, you must have completed the above four steps. Only after completing these steps, can you proceed to finalize the adoption or grant of custody for the purposes of adoption in Kenya.

The process for finalizing the adoption (or obtaining legal custody) in Kenya generally includes the following:

• Role of Adoption Authority: Kenya's central authority is the Adoption Committee. The Adoption Committee:

1. Approves prospective adoptive parents to adopt under Kenyan law after USCIS has approved them to adopt under U.S. law;

2. Reviews the prospective adoptive parent-child placement recommendations of licensed Kenyan adoption societies;

3. Reviews Article 16 reports on the child to be adopted; and

4. Issues the Article 23 Certificates of Conformity once the child has been adopted and entered into the register of adopted children.

5. Authorizes licensed Kenyan adoption societies to:

A. Approve of children to be adopted;

B. Make prospective adoptive parent-child placement recommendations to the Adoption Committee; and

C. Issue Article 16 reports on the child to be adopted. The reports should include information on the child's social, medical, and psychological history.

• Role of the Court: Kenyan courts participate in the intercountry adoption process at three stages of the process: ##A children's court commits an abandoned or relinquished child to a children's home. After six months, if no relatives can be located and no one has come forward to claim the child, a licensed Kenyan adoption society will have the child entered into the registry of children to be adopted. After the Form I-800 is provisionally approved by USCIS and the U.S. Embassy in Nairobi issues an Article 5 Letter, the High Court will grant temporary custody of the child to the prospective adoptive parents for a three-month bonding period. The High Court also appoints a guardian ad litem. At the final hearing, the Director of Children's Services will submit a comprehensive report on the prospective adoptive parents and the child to be adopted. If the High Court is satisfied that all the conditions are met for international adoption in the Kenya Children's Act and the Convention, a final adoption order will be made, terminating any existing custody rights and granting full legal custody rights to the adoptive parents. The High Court will also issue an order to have the child placed in the register of adopted children. The adoptive parents can take that order to the Registrar General to get an adoption certificate. They can also take their final adoption order to the Adoption Committee to get an Article 23 Certificate of Conformity.
• Role of Adoption Agencies: The U.S. accredited adoption service provider works with a Kenyan adoption society to facilitate adoptions by U.S. prospective adoptive parents in Kenya. The U.S. adoption service provider either conducts or oversees the prospective adoptive parents’ homestudy to ensure that it complies with U.S. and state law where the prospective adoptive parents’ reside. Once the adoption is complete, the visa is issued, and the adoptive parents and child move back to the United States, the U.S. adoption service provider can help the adoptive parents report on the development of the child to the Kenyan adoption society involved in the adoption. Such reports are required under the Kenya Children Act.
• Time Frame: Once prospective adoptive parents have a provisionally approved Form I-800, they should expect to spend up to one year in Kenya completing the adoption and securing the necessary documentation. This includes a three month mandatory bonding period with the child, followed by an additional six to nine months for adoption proceedings and administrative matters. Please note that obtaining a Kenyan passport for an adopted child can take an additional six weeks.
• Adoption Application: Please consult with your accredited adoption service provider for more information.
• Adoption Fees: Kenyan law prohibits financial transactions between individuals involved in an adoption proceeding. Some payments are permitted, for example, to an adoption society for maintenance of the child, or to an attorney who acts for any of the parties or in connection with an application for an adoption order. Any payment or reward made by prospective adoptive parents or a third party facilitating the adoption for the purpose of making an adoption order is considered illegal. The U.S. Embassy in Kenya discourages the payment of any fees that are not properly receipted, donations, or expediting fees that may be requested of prospective adoptive parents. Such fees have the appearance of "buying" a baby and put the present adoption and all future adoptions in Kenya at risk. In the adoption services contract that you sign at the beginning of the adoption process, your agency will itemize the fees and estimated expenses related to your adoption process.
• Documents Required: When applicable, prospective adoptive parents are required to submit the following documents:

1. Home study report that was prepared or overseen by an accredited U.S. adoption service provider;

2. Recent photographs of the prospective adoptive family;

3. Marriage certificate, if married;

4. Prospective adoptive parents’ Health Assessment or Declaration and a certificate of medical fitness of the prospective adoptive parents, duly certified by a medical doctor;

5. Declaration regarding the prospective adoptive parents’ financial status, along with supporting documents;

6. Employment certificate(s);

7. Income tax records;

8. Bank references;

9. Property ownership records;

10. Declaration of prospective adoptive parents’ willingness to adopt the child;

11. Letter from the U.S. adoption service provider stating that child would be legally recognized as a citizen of the United States without any form of discrimination and that the child would be entitled to the same rights as other U.S. citizens;

12. Affidavit from the prospective adoptive parents stating that they will raise and educate the adopted child in accordance with the standards of their community;

13. Letter from the prospective adoptive parents and their U.S. adoption service provider showing a commitment to sending reports related to the progress of the child, along with his/her recent photograph to the Kenyan adoption society that matched the prospective adoptive parents and child. Reports must be sent every three months during first two years, and every six months for the next three years, for a total of five years; and

14. Certificate from a Kenyan adoption society and a U.S. adoption service provider sponsoring the prospective adoptive parents’ application and stating that they are permitted to adopt a child according to the laws of their country. (Prospective adoptive parents should check with their adoption services provider to determine whether an approved Form I-800A may be sufficient to meet this requirement.) NOTE: Additional documents may be requested.

• Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. If so, the Department of State, Authentications office may be able to assist. Read more about Authenticating U.S. Documents. NOTE: All documents submitted to the Adoption Committee must be authenticated.

6.Obtain an Immigrant Visa for your Child and Bring Your Child Home

Now that your adoption is complete (or you have obtained legal custody of the child for the purpose of adopting the child in the United States), there are a few more steps to take before you can head home. Specifically, you need to apply for three documents before your child can travel to the United States:

1. Birth Certificate

If you have finalized the adoption in Kenya, you will firstneed to apply for a birth certificate for your child so that you can later apply for a passport.

If you have been granted custody for the purpose of adopting the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name.

At the time that the adoption is finalized, the High Court judge will issue an order for the Registrar General to enter the adoption into the adopted children's register. The adoptive parents must present this order to the offices of the Registrar General, who will issue the adoptive parents an adoption certificate. The adoption certificate contains the name of the child's adoptive parents and any changes to the child's name during the adoption.

2. Kenyan Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Kenya.

You can obtain a passport for your child by visiting Immigration Services in Nairobi on a walk-in basis. It can take up to six weeks to obtain a passport for your child. However, you may request to have your application expedited. Inquire about this process with Immigration Services directly.

Immigration Services Nyayo House 9th Floor Room 30 Nairobi, Kenya Tel: +254 (0)20 2222022, Email: dis@immigration.go.ke www.immigration.go.ke

Please bring the following items with you when you apply for your child’s passport:

1. A completed passport application form (available online at www.immigration.go.ke);

2. The child’s birth certificate and adoption decree (original and photocopy) certificate;

3. The adoptive parents’ birth certificates;

4. Any identification that the child has;

5. Three passport-size photographs of the child;

6. Certified copies of the adoptive parents’ passports.

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child, you also need to finalize your application for a U.S. visa for your child from the U.S. Embassy in Nairobi, Kenya. After the adoption is granted, you can schedule an appointment at the U.S. Embassy in Nairobi by sending an e-mail to NairobiAdoptions@State.gov and Kenya_ACS@State.gov. Next, visit the U.S Embassy for final review of the case, issuance of a U.S. Hague Adoption Certificate or Hague Custody Certificate, final approval of Form I-800, and to obtain your child’s immigrant visa. This immigrant visa allows your child to travel home with you. As part of this process, the consular officer must be provided the “Panel Physician’s” medical report on the child if it was not provided during the provisional approval stage. Read more about the Medical Examination.

Child Citizenship Act

For adoptions finalized abroad prior to the child's entry into the United States: A child will acquire U.S. citizenship upon entry into the United States if the adoption was finalized prior to entry and the child otherwise meets the requirements of the Child Citizenship Act of 2000.

For adoptions finalized after the child’s entry into the United States: An adoption will need to be completed following your child’s entry into the United States for the child to acquire U.S. citizenship.

Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting. Read more about the Child Citizenship Act of 2000.

Traveling Abroad

After Adoption

SOURCE

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