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| − | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/flags/large/ke-lgflag.gif|410x579px|thumb|'''The official flag of Kenya.'''<BR/>Source: cia.gov.}} | + | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/flags/large/ke-lgflag.gif|410x579px|thumb|'''The official flag.'''<BR/>Source: cia.gov.}} |
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| − | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/maps/ke-map.gif|410x579px|thumb|'''Map of Kenya.'''<BR/>Source: cia.gov.}} | + | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/maps/ke-map.gif|410x579px|thumb|'''Map.'''<BR/>Source: cia.gov.}} |
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| − | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/locator/afr/ke_large_locator.gif|410x579px|thumb|'''Map of Kenya.'''<BR/>Source: cia.gov.}} | + | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/locator/afr/ke_large_locator.gif|410x579px|thumb|'''Map.'''<BR/>Source: cia.gov.}} |
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| | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/3/3d/Mara-Young-Men-Jumping-2012.JPG/800px-Mara-Young-Men-Jumping-2012.JPG|410x579px|thumb|''' A group of Maasai men showing their traditional "jumping dance".'''<BR/>Source: Wikipedia.org.}} | | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/3/3d/Mara-Young-Men-Jumping-2012.JPG/800px-Mara-Young-Men-Jumping-2012.JPG|410x579px|thumb|''' A group of Maasai men showing their traditional "jumping dance".'''<BR/>Source: Wikipedia.org.}} |
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| − | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/9/96/Coat_of_arms_of_Kenya.svg/609px-Coat_of_arms_of_Kenya.svg.png|410x579px|thumb|'''The official coat of arms of Kenya.'''<BR/>Source: Wikipedia.org.}} | + | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/9/96/Coat_of_arms_of_Kenya.svg/609px-Coat_of_arms_of_Kenya.svg.png|410x579px|thumb|'''The official coat of arms.'''<BR/>Source: Wikipedia.org.}} |
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| − | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/6/66/Nairobi_Montage.jpg/545px-Nairobi_Montage.jpg|410x579px|thumb|'''Collage of Nairobi, Kenya.'''<BR/>Source: Wikipedia.org.}} | + | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/6/66/Nairobi_Montage.jpg/545px-Nairobi_Montage.jpg|410x579px|thumb|'''Collage of Nairobi.'''<BR/>Source: Wikipedia.org.}} |
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| | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/d/d8/Kikuyu_woman_traditional_dress.jpg/450px-Kikuyu_woman_traditional_dress.jpg|410x579px|thumb|'''A Kikuyu woman in traditional dress.'''<BR/>Source: Wikipedia.org.}} | | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/d/d8/Kikuyu_woman_traditional_dress.jpg/450px-Kikuyu_woman_traditional_dress.jpg|410x579px|thumb|'''A Kikuyu woman in traditional dress.'''<BR/>Source: Wikipedia.org.}} |
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| | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/d/d8/Kenya-Tealand-Near-Kericho-2012.JPG/800px-Kenya-Tealand-Near-Kericho-2012.JPG|410x579px|thumb|''' A tea plantation near Kericho in the Kenyan highlands.'''<BR/>Source: Wikipedia.org.}} | | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/d/d8/Kenya-Tealand-Near-Kericho-2012.JPG/800px-Kenya-Tealand-Near-Kericho-2012.JPG|410x579px|thumb|''' A tea plantation near Kericho in the Kenyan highlands.'''<BR/>Source: Wikipedia.org.}} |
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| − | {{#eimage:http://upload.wikimedia.org/wikipedia/en/thumb/8/8c/Maasai_Woman_Meeyu_Sale_Wearing_her_Finest.jpg/476px-Maasai_Woman_Meeyu_Sale_Wearing_her_Finest.jpg|410x579px|thumb|'''A Maasai woman, Kenya.'''<BR/>Source: Wikipedia.org.}} | + | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/2/2f/Mombasa_biashara_street.jpg/450px-Mombasa_biashara_street.jpg|410x579px|thumb|'''Biashara Street in Mombasa.'''<BR/>Source: Wikipedia.org.}} |
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| − | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/2/2f/Mombasa_biashara_street.jpg/450px-Mombasa_biashara_street.jpg|410x579px|thumb|'''Biashara Street in Mombasa, Kenya.'''<BR/>Source: Wikipedia.org.}} | + | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/2/2f/Yellow_sunset_at_Tsavo_East_National_Park.jpg/800px-Yellow_sunset_at_Tsavo_East_National_Park.jpg|410x579px|thumb|'''Sunset over Tsavo East National Park.'''<BR/>Source: Wikipedia.org.}} |
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| − | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/2/2f/Yellow_sunset_at_Tsavo_East_National_Park.jpg/800px-Yellow_sunset_at_Tsavo_East_National_Park.jpg|410x579px|thumb|'''Sunset over Tsavo East National Park, Kenya.'''<BR/>Source: Wikipedia.org.}} | + | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Mombasa_montage.png/545px-Mombasa_montage.png|410x579px|thumb|'''Collage of Mombasa.'''<BR/>Source: Wikipedia.org.}} |
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| − | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Mombasa_montage.png/545px-Mombasa_montage.png|410x579px|thumb|'''Collage of Mombasa, Kenya.'''<BR/>Source: Wikipedia.org.}}
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| − | '''Notice: As of July 14, 2014, all individuals and agencies facilitating international adoptions must be in compliance with the Intercountry [[Universal Accreditation Act]].''' | + | '''Notice: As of July 14, 2014, all individuals and agencies facilitating [[international]] adoptions must be in compliance with the Intercountry [[Universal Accreditation Act]].''' |
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| | =Kenya Adoption Alert= | | =Kenya Adoption Alert= |
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| − | <span style="color:red">'''Notice: New Kenyan [[Adoption]] Committee Formed (February 4, 2014)'''
| + | There have been several [[adoption]] alerts for [[Kenya]]. To learn more please read the [[Kenya Adoption Alert]] page. |
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| − | 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.
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| | + | =About Kenya= |
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| − | | + | Founding president and liberation struggle icon Jomo KENYATTA led [[Kenya]] from independence in 1963 until his death in 1978, when President Daniel MOI took power in a constitutional succession. The country was a [[De Facto|de facto]] one-party state from 1969 until 1982 when the ruling [[Kenya]] African National Union (KANU) made itself the sole legal party in [[Kenya]]. MOI acceded to internal and external pressure for political liberalization in late 1991. To learn more please read [[About Kenya]]. |
| − | <span style="color:red">'''Notice: Kenya [[Adoption]] Committee Disbanded (January 7, 2014)'''
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| − | 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. | + | |
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| | =Hague Convention Information= | | =Hague Convention Information= |
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| − | Kenya is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry [[Adoption]] ([http://adoption.state.gov/hague_convention/overview.php 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. | + | [[Kenya]] is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry [[Adoption]] ([http://adoption.state.gov/hague_convention/overview.php 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]]. To learn more please read about [[Kenya and the Hague Convention]]. |
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| − | *U.S. prospective [[Adoptive Parents|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:
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| − | *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.
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| − | *Prospective [[Adoptive Parents|adoptive parents]] must work with a U.S. accredited [[Adoption Service Provider|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|adoptive parents]] to the [[Adoption]] Committee, prospective [[Adoptive Parents|adoptive parents]] may not work directly with Kenyan [[adoption]] societies.
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| − | *Prospective [[Adoptive Parents|adoptive parents]] are prohibited from adopting children they have previously met, unless the child is a direct blood relative.
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| − | *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.
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| − | *Kenyan procedures involve finalizing an [[adoption]] in Kenya. Prospective [[Adoptive Parents|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.
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| − | *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.
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| − | '''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.
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| − | '''NOTE:''' Special transition provisions apply to adoptions initiated before April 1, 2008. Read about [http://adoption.state.gov/hague_convention/transition.php Transition Cases].
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| − | '''U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS'''
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| − | To bring an [[adopted]] child to the United States from Kenya, you must meet [http://adoption.state.gov/adoption_process/who_can_adopt/eligibility.php 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.
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| − | Additionally, a child must meet the [http://cfr.vlex.com/vid/204-301-definitions-286271915 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.
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| | =Who Can Adopt= | | =Who Can Adopt= |
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| − | In addition to the U.S. requirements, prospective [[Adoptive Parents|adoptive parents]] need to meet Kenya’s to [[adopt]] a child from Kenya: | + | In addition to the U.S. requirements, prospective [[Adoptive Parents|adoptive parents]] need to meet [[Kenya]]’s requirements to [[adopt]] a child. To learn more please read about [[Who Can Adopt from Kenya]]. |
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| − | ==Residency==
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| − | After parent-child placement, prospective [[Adoptive Parents|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|adoptive parents]] who are adopting direct blood relatives with whom they already have a familial relationship. Prospective [[Adoptive Parents|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.
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| − | ==Age of Adopting Parents==
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| − | One of the prospective [[Adoptive Parents|adoptive parents]] must be at least twenty-five years old, but neither parent can be older than sixty-five. Prospective [[Adoptive Parents|adoptive parents]] must also be at least twenty-one years older than the child they [[adopt]].
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| − | ==Marriage==
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| − | Under Kenyan law, [[adoption]] orders will not be granted to joint prospective [[Adoptive Parents|adoptive parents]] not married to each other. Prospective [[Adoptive Parents|adoptive parents]] must be married for at least three years prior to being placed with a child.
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| − | ==Income==
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| − | While no minimum income is required to [[adopt]] from Kenya, the prospective [[Adoptive Parents|adoptive parents]]’ homestudy report must show that they can adequately support the child they seek to [[adopt]].
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| − | ==Other==
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| − | Prior Contact Prohibition: Kenyan law strictly prohibits any contact between prospective [[Adoptive Parents|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|adoptive parents]] and children to be [[adopted]] who have had prior contact. Exceptions are made where prospective [[Adoptive Parents|adoptive parents]] are adopting a direct blood relative. '''NOTE:''' Single foreign male prospective [[Adoptive Parents|adoptive parents]] are not permitted to [[adopt]] from Kenya.
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| − | Single female prospective [[Adoptive Parents|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:
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| − | *The child is a relative;
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| − | *The child has [[Special Needs|special needs]] and the applicant is willing and has the capacity to care for the child;
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| − | *The applicant has [[adopted]] or has another biological child or children over whom she exercises parental responsibility;
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| − | *The child has a sibling who is also being [[adopted]] by the applicant;
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| − | *The proposed applicant is the only person available to [[adopt]] the child; or
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| − | *Where the applicant is the [[Legal Guardian|legal guardian]] of the child or children appointed by will or in [[adoption]] proceedings and the parents die or become permanently incapacitated.
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| | =Who Can Be Adopted= | | =Who Can Be Adopted= |
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| − | 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. | + | 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 more information please read about [[Who Can Be Adopted from Kenya]]. |
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| − | 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|adoptive parents]] for [[adoption]].
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| − | '''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|adoptive parents]]) before processing begins.
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| − | '''ELIGIBILITY REQUIREMENTS:'''
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| − | '''[[Relinquishment]]:''' When prospective [[Adoptive Parents|adoptive parents]] seek to [[adopt]] a child who has existing parents or legal guardians, consents must be obtained from:
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| − | ::1. Existing parents, guardians, or anyone else contributing to the maintenance of the child under any agreement or order;
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| − | ::2. If applicable, parents or [[guardian]](s) of the mother of the child in a case where the mother is a minor;
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| − | ::3. If applicable, the step-father who has acquired parental responsibility; and
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| − | ::4. The spouse of the prospective [[Adoptive Parent|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]].
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| − | '''[[Abandonment]]:''' A children’s court must commit an abandoned child to a children’s home before he/she becomes eligible to be [[adopted]].
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| − | '''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]].
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| − | '''Sibling Adoptions:''' Prospective [[Adoptive Parents|adoptive parents]] may [[adopt]] siblings in Kenya.
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| − | '''[[Special Needs]] or Medical Conditions:''' Unknown.
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| − | '''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]].
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| − | '''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.
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| | =How to Adopt= | | =How to Adopt= |
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| − | '''WARNING:''' Kenya is party to the Hague [[Adoption]] Convention. Do not [[adopt]] or obtain [[Legal Custody|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. | + | '''WARNING:''' [[Kenya]] is party to the Hague [[Adoption]] Convention. Do not [[adopt]] or obtain [[Legal Custody|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. |
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| | ==Adoption Authority== | | ==Adoption Authority== |
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| − | '''Kenya's [[Adoption]] Authority''' | + | '''[[Kenya]]'s [[Adoption]] Authority''' |
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| | The [[Adoption]] Committee | | The [[Adoption]] Committee |
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| | P.O. Box 46205-00100 | | P.O. Box 46205-00100 |
| − | Nairobi, Kenya | + | Nairobi, [[Kenya]] |
| | Tel: 254-020-2228-411 ext 30040 | | Tel: 254-020-2228-411 ext 30040 |
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| − | '''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 [http://adoption.state.gov/hague_convention/transition.php 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. | + | '''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 [http://adoption.state.gov/hague_convention/transition.php 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. |
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| | ==The Process== | | ==The Process== |
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| − | 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. | + | 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. |
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| | # Choose a U.S. accredited or approved [[Adoption Service Provider|adoption service provider]] | | # Choose a U.S. accredited or approved [[Adoption Service Provider|adoption service provider]] |
| | # Apply to USCIS to be found eligible to [[adopt]] | | # Apply to USCIS to be found eligible to [[adopt]] |
| − | # Be matched with a child by authorities in Kenya | + | # Be matched with a child by authorities in [[Kenya]] |
| | # 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]] | | # 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]] |
| − | # [[Adopt]] (or Obtain [[Legal Custody]]) of child in Kenya | + | # [[Adopt]] (or Obtain [[Legal Custody]]) of child in [[Kenya]] |
| | # Obtain a U.S. immigrant visa for your child and bring your child home | | # Obtain a U.S. immigrant visa for your child and bring your child home |
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| | + | To learn more about this process please read [[How to Adopt from Kenya]]. |
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| − | '''1. Choose a U.S. Accredited or Approved [[Adoption Service Provider]]'''
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| − | The recommended first step in adopting a child from Kenya is to select an [[Adoption Service Provider|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|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.
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| − | 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|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.
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| − | '''2. Apply to USCIS to be Found Eligible to [[Adopt]]'''
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| − | After you choose an accredited or approved [[Adoption Service Provider|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 [http://www.uscis.gov/i-800a Form I-800A]. Read more about [http://adoption.state.gov/adoption_process/who_can_adopt/eligibility.php Eligibility Requirements].
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| − |
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| − |
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| − | Once USCIS determines that you are “eligible” and “suited” to [[adopt]] by approving the Form I-800A, your [[Adoption Service Provider|adoption service provider]] will provide your approval notice, [[Home Study|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.
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| − |
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| − |
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| − | '''3. Be Matched with a Child in Kenya'''
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| − |
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| − | 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|adoption service provider]] communicates that to the Kenyan [[adoption]] society. Learn more about this [http://adoption.state.gov/adoption_process/how_to_adopt/childeligibility.php critical decision].
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| − |
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| − |
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| − | '''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]]'''
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| − |
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| − | 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 [http://www.uscis.gov/i-800 (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.
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| − |
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| − |
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| − | After provisional approval of Form I-800, your [[Adoption Service Provider|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.
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| − |
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| − |
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| − | '''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.
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| − |
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| − |
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| − | 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.
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| − |
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| − |
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| − | '''''Remember: The consular officer will make a final decision about a child’s eligibility for an immigrant visa later in the [[adoption]] process.'''''
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| − |
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| − | '''5. [[Adopt]] (or Obtain [[Legal Custody]]) of Child in Kenya'''
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| − |
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| − | '''''Remember: Before you [[adopt]] (or obtain [[Legal Custody|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.'''''
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| − |
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| − |
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| − | The process for finalizing the [[adoption]] (or obtaining [[Legal Custody|legal custody]]) in Kenya generally includes the following:
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| − |
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| − |
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| − | *'''Role of [[Adoption]] Authority:''' Kenya's central authority is the [[Adoption]] Committee. The [[Adoption]] Committee:
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| − | ::::1. Approves prospective [[Adoptive Parents|adoptive parents]] to [[adopt]] under Kenyan law after USCIS has approved them to [[adopt]] under U.S. law;
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| − | ::::2. Reviews the prospective [[Adoptive Parent|adoptive parent]]-child placement recommendations of licensed Kenyan [[adoption]] societies;
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| − | ::::3. Reviews Article 16 reports on the child to be [[adopted]]; and
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| − | ::::4. Issues the Article 23 Certificates of Conformity once the child has been [[adopted]] and entered into the register of [[adopted]] children.
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| − | ::::5. Authorizes licensed Kenyan [[adoption]] societies to:
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| − | ::::::::A. Approve of children to be [[adopted]];
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| − | ::::::::B. Make prospective [[Adoptive Parent|adoptive parent]]-child placement recommendations to the [[Adoption]] Committee; and
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| − | ::::::::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.
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| − | *'''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|adoptive parents]] for a three-month [[bonding]] period. The High Court also appoints a [[Guardian Ad Litem|guardian ad litem]]. At the final hearing, the Director of Children's Services will submit a comprehensive report on the prospective [[Adoptive Parents|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|legal custody]] rights to the [[Adoptive Parents|adoptive parents]]. The High Court will also issue an order to have the child placed in the register of [[adopted]] children. The [[Adoptive Parents|adoptive parents]] can take that order to the Registrar General to get an [[Adoption Certificate|adoption certificate]]. They can also take their final [[adoption]] order to the [[Adoption]] Committee to get an Article 23 Certificate of Conformity.
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| − | *'''Role of [[Adoption Agencies]]:''' The U.S. accredited [[Adoption Service Provider|adoption service provider]] works with a Kenyan [[adoption]] society to facilitate adoptions by U.S. prospective [[Adoptive Parents|adoptive parents]] in Kenya. The U.S. [[Adoption Service Provider|adoption service provider]] either conducts or oversees the prospective [[Adoptive Parents|adoptive parents]]’ homestudy to ensure that it complies with U.S. and state law where the prospective [[Adoptive Parents|adoptive parents]]’ reside. Once the [[adoption]] is complete, the visa is issued, and the [[Adoptive Parents|adoptive parents]] and child move back to the United States, the U.S. [[Adoption Service Provider|adoption service provider]] can help the [[Adoptive Parents|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.
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| − | *'''Time Frame:''' Once prospective [[Adoptive Parents|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.
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| − | *'''[[Adoption]] Application:''' Please consult with your accredited [[Adoption Service Provider|adoption service provider]] for more information.
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| − | *'''[[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|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|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.
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| − | *'''Documents Required:''' When applicable, prospective [[Adoptive Parents|adoptive parents]] are required to submit the following documents:
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| − | ::1. [[Home Study|Home study]] report that was prepared or overseen by an accredited U.S. [[Adoption Service Provider|adoption service provider]];
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| − | ::2. Recent photographs of the prospective adoptive family;
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| − | ::3. Marriage certificate, if married;
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| − | ::4. Prospective [[Adoptive Parents|adoptive parents]]’ Health Assessment or Declaration and a certificate of medical fitness of the prospective [[Adoptive Parents|adoptive parents]], duly certified by a medical doctor;
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| − | ::5. Declaration regarding the prospective [[Adoptive Parents|adoptive parents]]’ financial status, along with supporting documents;
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| − | ::6. Employment certificate(s);
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| − | ::7. Income tax records;
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| − | ::8. Bank references;
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| − | ::9. Property ownership records;
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| − | ::10. Declaration of prospective [[Adoptive Parents|adoptive parents]]’ willingness to [[adopt]] the child;
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| − | ::11. Letter from the U.S. [[Adoption Service Provider|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;
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| − | ::12. [[Affidavit]] from the prospective [[Adoptive Parents|adoptive parents]] stating that they will raise and educate the [[adopted]] child in accordance with the standards of their community;
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| − | ::13. Letter from the prospective [[Adoptive Parents|adoptive parents]] and their U.S. [[Adoption Service Provider|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|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|adoption service provider]] sponsoring the prospective [[Adoptive Parents|adoptive parents]]’ application and stating that they are permitted to [[adopt]] a child according to the laws of their country. (Prospective [[Adoptive Parents|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 [http://travel.state.gov/content/travel/english/legal-considerations/judicial/authentication-of-documents/office-of-authentications.html Authenticating U.S. Documents]. '''NOTE:''' All documents submitted to the [[Adoption]] Committee must be authenticated.
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| − |
| |
| − |
| |
| − | '''6.Obtain an Immigrant Visa for your Child and Bring Your Child Home'''
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| − |
| |
| − | Now that your [[adoption]] is complete (or you have obtained [[Legal Custody|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:
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| − |
| |
| − |
| |
| − | ::1. Birth Certificate
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| − |
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| − | 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.
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| − |
| |
| − | 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.
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| − |
| |
| − | 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|adoptive parents]] must present this order to the offices of the Registrar General, who will issue the [[Adoptive Parents|adoptive parents]] an [[Adoption Certificate|adoption certificate]]. The [[Adoption Certificate|adoption certificate]] contains the name of the child's [[Adoptive Parents|adoptive parents]] and any changes to the child's name during the [[adoption]].
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| − |
| |
| − | ::2. Kenyan Passport
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| − |
| |
| − | 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.
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| − |
| |
| − | 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|adoption decree]] (original and photocopy) certificate;
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| − | ::::::3. The [[Adoptive Parents|adoptive parents]]’ birth certificates;
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| − | ::::::4. Any identification that the child has;
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| − | ::::::5. Three passport-size photographs of the child;
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| − | ::::::6. Certified copies of the [[Adoptive Parents|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.
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| − |
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| − |
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| − | '''Child Citizenship Act'''
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| − |
| |
| − |
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| − | '''''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.
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| − |
| |
| − | '''''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.
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| − |
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| − |
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| − | '''''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 [http://travel.state.gov/content/travel/english/legal-considerations.html Child Citizenship Act of 2000].'''''
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| | | | |
| | =Traveling Abroad= | | =Traveling Abroad= |
| Line 303: |
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| | '''Applying for Your U.S. Passport''' | | '''Applying for Your U.S. Passport''' |
| | | | |
| − | U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. The [http://travel.state.gov/content/passports/english/passports.html Passport Application Wizard] will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place. | + | U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. To learn more please read about [[Traveling Abroad in Kenya]]. |
| − | | + | |
| − | | + | |
| − | '''Obtaining a Visa to Travel to Kenya'''
| + | |
| − | | + | |
| − | In addition to a U.S. passport, you may also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Kenya, see the Department of State’s [http://travel.state.gov/content/passports/english/country/kenya.html Country Specific Information].
| + | |
| − | | + | |
| − | | + | |
| − | '''Staying Safe on Your Trip'''
| + | |
| − | | + | |
| − | Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The Department of State provides [http://travel.state.gov/content/passports/english/country/kenya.html Country Specific Information] for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.
| + | |
| − | | + | |
| − | | + | |
| − | '''Staying in Touch on Your Trip'''
| + | |
| | | | |
| − | When traveling during the [[adoption]] process, we encourage you to enroll with the Department of State. Enrollment makes it possible to contact you if necessary. Whether there is a family emergency in the United States or a crisis in Kenya, enrollment assists the U.S. Embassy or Consulate in reaching you. Enrollment is free and can be done online via the [https://step.state.gov/step/ Smart Traveler Enrollment Program (STEP)].
| |
| | | | |
| | =After Adoption= | | =After Adoption= |
| Line 324: |
Line 95: |
| | '''Post-[[Adoption]]/Post-Placement Reporting Requirements''' | | '''Post-[[Adoption]]/Post-Placement Reporting Requirements''' |
| | | | |
| − | [[Adoptive Parents|Adoptive parents]] must submit post [[adoption]] reports on the child’s welfare (with pictures) for five years, every three months for the first two years immediately following the [[adoption]] and then every six months for the last three years. Post-[[adoption]] reports can be submitted through your U.S. [[Adoption Service Provider|adoption service provider]] to the Kenya [[adoption]] society that made the [[Adoptive Parent|adoptive parent]] and child placement. | + | [[Adoptive Parents|Adoptive parents]] must submit post [[adoption]] reports on the child’s welfare (with pictures) for five years, every three months for the first two years immediately following the [[adoption]] and then every six months for the last three years. Post-[[adoption]] reports can be submitted through your U.S. [[Adoption Service Provider|adoption service provider]] to the [[Kenya]] [[adoption]] society that made the [[Adoptive Parent|adoptive parent]] and child placement. |
| | | | |
| | | | |
| − | We strongly urge you to comply with Kenya’s post-[[adoption]] requirements in a timely manner. Your [[Adoption Agency|adoption agency]] may be able to help you with this process. Your cooperation will contribute to that country’s history of positive experiences with U.S. citizen parents. | + | We strongly urge you to comply with [[Kenya]]’s post-[[adoption]] requirements in a timely manner. Your [[Adoption Agency|adoption agency]] may be able to help you with this process. Your cooperation will contribute to that country’s history of positive experiences with U.S. citizen parents. |
| | | | |
| | | | |
| | '''Post-[[Adoption]] Resources''' | | '''Post-[[Adoption]] Resources''' |
| | | | |
| − | Many [[Adoptive Parents|adoptive parents]] find it important to find support after the [[adoption]]. There are many public and private nonprofit post-[[adoption]] services available for children and their families. There are also numerous adoptive family support groups and [[adoptee]] organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. Take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services. | + | Many [[Adoptive Parents|adoptive parents]] find it important to find support after the [[adoption]]. There are many public and private nonprofit post-[[adoption]] services available for children and their families. There are also numerous adoptive family support groups and [[adoptee]] [[organizations]] active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. Take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services. |
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| | ==Contact Information== | | ==Contact Information== |
| | | | |
| − | '''U.S. Embassy in Kenya''' | + | '''U.S. Embassy in [[Kenya]]''' |
| | | | |
| | Consular Section | | Consular Section |
| Line 346: |
Line 117: |
| | P.O. Box 606 | | P.O. Box 606 |
| | Village Market | | Village Market |
| − | 00621 Nairobi, Kenya | + | 00621 Nairobi, [[Kenya]] |
| | Tel: +254 (0)20 363-6622 | | Tel: +254 (0)20 363-6622 |
| | Fax: +254 (0)20 363-6410 | | Fax: +254 (0)20 363-6410 |
| Line 353: |
Line 124: |
| | | | |
| | | | |
| − | '''Kenya’s [[Adoption]] Authority''' | + | '''[[Kenya]]’s [[Adoption]] Authority''' |
| | | | |
| | The [[Adoption]] Committee | | The [[Adoption]] Committee |
| | P.O. Box 46205-00100 | | P.O. Box 46205-00100 |
| − | Nairobi, Kenya | + | Nairobi, [[Kenya]] |
| | Tel: +254 (0)20 222-8411 ext 30040 | | Tel: +254 (0)20 222-8411 ext 30040 |
| | | | |
| | | | |
| − | '''Embassy of Kenya''' | + | '''Embassy of [[Kenya]]''' |
| | | | |
| − | Embassy of the Republic of Kenya | + | Embassy of the Republic of [[Kenya]] |
| | 2249 R Street, N.W. | | 2249 R Street, N.W. |
| | [[Washington]], D.C. 20008 | | [[Washington]], D.C. 20008 |
| Line 371: |
Line 142: |
| | | | |
| | | | |
| − | Kenya also has consulates in: Los Angeles and [[New York]] City | + | [[Kenya]] also has consulates in: Los Angeles and [[New York]] City |
| | | | |
| | | | |
U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. To learn more please read about Traveling Abroad in Kenya.
For questions about immigration procedures:
National Customer Service Center (NCSC)
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
Internet: USCIS
