Difference between revisions of "Nigeria and the Hague Convention"

Revision as of 01:57, 6 March 2015

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Source: Wikipedia.org.

Nigeria is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F

Individuals who are not Nigerian citizens are not legally allowed to adopt in Nigeria. When a married couple is adopting, both must be Nigerian citizens. Only U.S. citizens who also have Nigerian citizenship are allowed to adopt children in Nigeria. Nigerian adoption laws are complex and vary from state to state. At the national level, adoptions are regulated by the Nigerian Child Rights Law or the Adoption Act of 1965. Depending on where the adoption takes place, the specific law and regulations governing the adoption may differ.

In general, prospective adoptive parents who intend to adopt a specific child must first obtain temporary custody of the child. Prospective adoptive parents are advised to obtain information on adopting in individual states through the state social welfare office. Please note that the only legal way to do an adoption in Nigeria is to work with the respective state social welfare office (usually named the State Ministry of Women's or Family Affairs). Prospective adoptive parents should not attempt to process their adoption through local officials who may attempt to circumvent the legal process. Adoption decrees must state that they are full and final in order for an immigrant visa to be issued to the child. The U.S. Consulate General in Lagos (U.S. Consulate) only issues IR3 classification immigrant visas. Oftentimes, adoption decrees from Nigerian courts put stipulations on the adoption, such as not allowing the child to travel beyond the jurisdiction of the court or requiring periodic visits to the child by the social welfare office of the respective Nigerian state. These stipulations may prevent the consular officer from issuing an immigrant visa or cause a delay in the processing of the immigrant visa.

Prospective adoptive parents must be available to be questioned in court by the magistrate considering the adoption. Proxy adoptions are not valid in Nigeria. Adoptive parents who complete adoptions by proxy without fulfilling state requirements risk having their I-600 petitions returned to USCIS for revocation.

Document and identity fraud related to adoptions is a serious concern in Nigeria. The U.S. Consulate requires that most adoptions be investigated in person in the state where the adoption took place to verify the authenticity of the information provided in the adoption decrees and I-600 petitions. For security reasons, U.S. government personnel are frequently restricted from traveling to certain parts of the country. As a result, investigations and the in-country visa application and approval process can cause adoption processing in Lagos to take six to 12 months to complete, after the initial approval of the I-600 by U.S. Citizenship and Immigration Services (USCIS).

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Nigeria, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can adopt under U.S. immigration law.

Additionally, a child must meet the definition of orphan under U.S. immigration law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.

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