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Difference between revisions of "How to Adopt from Malawi"

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Revision as of 05:53, 14 February 2015

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Source: Wikipedia.org.

Adoption Authority

Malawi's Adoption Authority

Ministry of Gender, Child and Community Development

The Process

The process for adopting a child from Malawi generally includes the following steps:

  1. Choose an Adoption Service Provider
  2. Apply to be Found Eligible to Adopt
  3. Be Matched with a Child
  4. Adopt the Child in Malawi
  5. Apply for the Child to be Found Eligible for Adoption
  6. Bring Your Child Home

1. Choose an Adoption Service Provider

The recommended first step in adopting a child from Malawi is to decide whether or not to use a licensed adoption service provider in the United States that can help you with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. The Department of State provides information on selecting an adoption service provider on its website.

There are no adoption agencies in Malawi. Most prospective adoptive parents hire a Malawian attorney to assist them in navigating the adoption process and because an attorney is needed to complete all adoption paperwork with the court. For information regarding home studies, prospective adoptive parents in Malawi should contact the Ministry of Gender, Child and Community Development at Private Bag 330 Lilongwe 3 or Telephone 01-770-411. Prospective adoptive parents in the U.S. can normally use their I-600A home study for adoption purposes in Malawi.

The U.S. Embassy in Lilongwe maintains a list of English-speaking attorneys in Malawi on its website.

2. Apply to be Found Eligible to Adopt

To adopt a child from Malawi, you will need to meet the requirements of the Government of Malawi and U.S. immigration law. You must submit an application to be found eligible to adopt to the Ministry of Gender, Child and Community Development of Malawi.

To meet U.S. immigration requirements, you may also file an I-600A, Application for Advance Processing of an Orphan Petition with U.S. Department of Homeland Security's U.S. Citizenship and Immigration Services to be found eligible and suitable to adopt.

3. Be Matched with a Child

If you are eligible to adopt, and a child is available for intercountry adoption, the Ministry of Gender, Child and Community Development can provide you with a child referral if you are unable to identify a child on your own. Prospective adoptive parent(s) often identify a child for adoption through local churches, orphanages, hospitals, or missions. The child must be eligible to be adopted according to Malawi's requirements, as described in the Who Can Be Adopted section. The child must also meet the definition of orphan under U.S. immigration law.

4. Adopt the Child (or Gain Legal Custody) in-country

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

  • ROLE OF AUTHORITY: Although the Ministry of Gender, Child and Community Development oversees the adoption process, the High Court will make the final decision regarding a specific adoption.
  • ADOPTION APPLICATION: There is no adoption application. Prospective adoptive parents should contact the Ministry of Gender, Child and Community Development to let the Ministry know of their interest in adopting a Malawian child (see Contact Information).
  • TIME FRAME: It normally takes two to six months to complete the adoption process from start to finish, including the investigation by the guardian ad litem of the child’s eligibility for adoption and the prospective adoptive parents’ eligibility to adopt the child.
  • ADOPTION FEES: On average, depending on the complexity of the case, attorneys fees range between Malawi Kwacha (MK) 60,000 and 85,000 (U.S. $350 and $500). Court filing fees and Registrar fees for the new birth certificate are under five dollars. The Malawian passport fee is approximately MK 15,000 (U.S. $89). Informally, Ministry officials have indicated that an offer to pay per diem and travel expenses for the guardian ad litem can speed the process.
  • DOCUMENTS REQUIRED: Malawi adoptions are governed by the Adoption of the Children Act (CHAP. 26:01 of the laws of Malawi). Documents required when seeking to adopt include:
1. Proof of Identity and Nationality of the adoptive parents;
2. A completed U.S. home study and Malawi Court Social Report;
3. Proof that the child is eligible for adoption
4. Consent of every person who is either the birth parent or legal guardian of, or has custody or is likely to contribute to the support of, the prospective adoptive child;
5. Evidence of residency status in Malawi (see Residency Requirements above). 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.


5. Apply for the Child to be Found Eligible for Adoption

After you finalize the adoption (or gain legal custody) in Malawi, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the definition of orphan under U.S. law. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative.

6. Bring Your Child Home

Once your adoption is complete (or you have obtained legal custody of the child), you need to apply for several documents for your child before you can apply for a U.S. immigrant visa to bring your child home to the United States:

1. Birth Certificate

If you have finalized the adoption in Malawi you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate.

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.

After the child has been legally adopted, the adoptive parent(s) can apply for the child's birth certificate. The responsible office for birth records in Malawi is the Registrar General's Office in Blantyre. The Registrar General's Office is under the Ministry of Justice. Please note that it can take two to three weeks to obtain a birth certificate once the application is submitted.

Physical address of the Registrar General's Office: Fatima Arcade Opposite ESCOM House Haile Selasie Road Blantyre

Mailing address of the Registrar's Office: P.O. Box 100 Blantyre Tel: 01-824-355

Documents to submit when requesting a birth certificate:

1. Completed birth certificate application;
2. Original adoption order from a Malawi court;
3. Adoptive parent(s) proof of citizenship (e.g. passport);
4. Birth certificate application fee of MK 200 ($2.00).


2. Malawi Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Malawi. The Department of Immigration under the Ministry of Home Affairs is the government entity responsible for passport application processing and issuance. There are two passport centers in Malawi:

Physical address of the Regional Immigration Office: Old Town Opposite PVHO/Behind CFAO Malawi Off Paul Kagame Road

Mailing address of the Regional Immigration Office: P.O. Box 1272 Lilongwe Tel: 01-759-270

Physical address of Immigration Department Headquarters: Malawi Immigration Department Headquarters New Government Building Complex

Mailing address of Immigration Department Headquarters: P.O. Box 331 Blantyre 3 Tel: 01-823-77

Documents to submit when requesting a Malawi passport:

1. Completed Malawi passport application form;
2. Adopted child's birth certificate;
3. Two recent passport photographs of the adopted child;
4. Original Adoption Order from a Malawi Court;
5. Passport application fee of MK 15,100.00 (U.S. $100.00).


3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child and you have filed Form I-600, Petition to Classify Orphan as an Immediate Relative, you then need to apply for an U.S. immigrant visa for your child from the United States Embassy in Lilongwe. 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.

You can find instructions for applying for an immigrant visa on Embassy Lilongwe's website. Hours for immigrant visa processing are Tuesday and Thursday by appointment only.

Please call the Consular Section at 01-773-166 to schedule an appointment. The Embassy recommends that adoptive parents plan to be in the Lilongwe, Malawi area for several days and advises parents not to make firm travel plans until they have their adopted child's immigrant visa in hand.

The following documents are required to process an immigrant visa at U.S. Embassy Lilongwe:

1. Approved Form I-600 petition;
2. Adopted child's birth certificate;
3. Adopted child's Malawi passport;
4. Four passport photographs (2 inches by 2 inches) of the adopted child;
5. Completed DS-260 Part I and Part II forms for the adopted child;
6. Completed forms DS-2054, DS-3025, DS-3026, and DS-3030 (medical examination forms completed by U.S. Embassy Lilongwe certified panel physician);
7. Completed and signed form I-864-W, Affidavit of Support (no U.S. tax returns required).

NOTE: additional documents may be requested at the consular officer’s discretion.

To learn more about the Child Citizenship Act please read The Child Citizenship Act of 2000.

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