Revision as of 23:27, 25 February 2014

Hague Convention Information

The Democratic Republic of the Congo 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).

U.S. prospective adoptive parents are reminded of several key items to keep in mind when considering adopting from the Democratic Republic of the Congo: In light of a dramatic increase in workload, the unreliability of documents in the Democratic Republic of the Congo, and the difficulty of traveling within the country, the U.S. Embassy in Kinshasa anticipates that case reviews will take approximately three to six months to complete after the Embassy receives a Form I-600 petition. Case reviews may take longer if children come from an area experiencing civil unrest, where the security situation impacts the ability of Embassy staff to travel, or if the investigation uncovers facts that require additional inquiries. Congolese procedures involve finalizing adoptions in the Democratic Republic of the Congo.

The U.S. Embassy in Kinshasa does not accept Attestation de Naissance documents for immigration purposes. Instead, families must provide a child’s original birth certificate (Acte de Naissance), an official copy (Copie Integrale d’Acte de Naissance), or a replacement birth document (Extrait d'Acte de Naissance). The Congolese Office of Immigration must grant a special authorization permit for adopted children to depart the country. Adoptive parents must apply in person for the exit permit. Please note there is no fee for the service, and it takes a minimum of seven days to process the request.

The Tribunal pour Enfants in each region of the Democratic Republic of the Congo holds exclusive jurisdiction over intercountry adoptions. As reported in the Department’s July 16, 2013 Adoption Notice, Congolese immigration authorities will only issue exit permits to children adopted in Tribunal de Paix if the adoption was completed prior to June 12, 2013. All adoptions completed on or after June 12, 2013, must be completed in the local Tribunal pour Enfants. Children from provinces that do not yet have this court must be adopted either in the Tribunal pour Enfants in Kinshasa or a neighboring city. Please see the Ministry of Interior and Security, General Direction of Migration’s website (in French) for more details.

Tribunaux pour Enfants exist in Kinshasa, Matadi (Bas-Congo), Kikwit (Bandundu), Goma (Nord-Kivu), and Lubumbashi (Katanga).

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from the Democratic Republic of the Congo, 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.

Who Can Adopt

In addition to U.S. immigration requirements, you must also meet the following requirements in order to adopt a child from the Democratic Republic of the Congo:

Residency

None specified.

Age of Adopting Parents

Prospective adoptive parents must be at least 15 years older than the intended adoptee and at least 18 years old to adopt a Congolese child. There is no age limit for adopting parents.

Marriage

Adopting parents may be married, single, widowed, or divorced. Single, unmarried prospective adoptive parents may not adopt a child of the opposite sex unless the court grants an exemption. Couples must be married for at least five years before seeking to adopt from the Democratic Republic of the Congo. Congolese law prohibits gays, lesbians, and same-sex couples from adopting from the Democratic Republic of the Congo.

Income

Proof of employment and/or sufficient funds may be required.

Other

Any person who has a prior history of child abuse is not permitted to adopt a Congolese child. No couple may adopt more than three children unless a subsequent prospective adoptee is the biological child of one of the parents. Prospective adoptive parents may not already have more than two children when they adopt unless the child they are adopting is a sibling of one of their children. No adoptive parent may marry their adopted child. There are no specified medical ineligibilities for prospective adoptive parents.

Who Can Be Adopted

How to Adopt

Adoption Authority

The Process

Traveling Abroad

After Adoption

SOURCE

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