Revision as of 12:30, 15 March 2014

Hague Convention Information

Burkina Faso 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 Burkina Faso.

PLEASE NOTE: It could take 12 to 18 months to complete the adoption process in Burkina Faso.

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 Burkina Faso, 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, Burkina Faso obliges prospective adoptive parents to meet the following requirements in order to adopt a child from Burkina Faso:

Residency

There is no residency requirement for prospective adoptive parents residing outside of Burkina Faso. There is a two-year residency requirement for prospective adoptive parents who live in Burkina Faso.

Age of Adopting Parents

A prospective adoptive parent must be between 30-55 years old and at least 15 years older than the child sought for adoption. If the prospective adoptee is the biological child of one of the spouses, the age difference between the child and the spouse must be at least 10 years.

Marriage

Couples must be legally married for at least five years to be eligible to adopt. Although not specified in law, common practice is that single applicants and same sex couples are not permitted to adopt children in Burkina Faso. NOTE: Married prospective adoptive parents without children of their own are given priority. In some cases, couples that already have two or more children may have greater difficulty with the adoption process.

Income

Prospective adoptive parents are required to have sufficient funds to be able to take care of their adoptive child. Proof of income must be submitted with the initial application.

Other

Although not specified in law, childless couples are given priority, followed by couples with one child. The authorities must be convinced that an adoption will not generate a material profit for anyone involved in the adoption (except service providers such as lawyers).

Who Can Be Adopted

Because Burkina Faso is party to The Hague Adoption Convention, children from Burkina Faso 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 Burkina Faso have determined that placement of the child within Burkina Faso has been given due consideration and that an intercountry adoption is in the child’s best interests. In addition to Burkina Faso’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.