Revision as of 23:31, 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

In addition to U.S. immigration requirements, the Democratic Republic of the Congo has specific requirements that a child must meet in order to be eligible for adoption:

Relinquishment: Birth parents must give written consent (autorisation parentale) documenting their relinquishment of parental rights to the local commune’s Social Services office, which is supervised by the Ministry of Social Affairs. This Social Services office is responsible for documenting the written consent and providing that documentation to the Tribunal pour Enfants when a family applies to the court to adopt a Congolese child. The Social Services office will also prepare documentation (Attestation d’Indigence) that the relinquishing birth parent does not have the means to care for the child. The local Guardianship Council may decree that specific children are wards of the state following relinquishment to Social Services (PV Tutelage Report). The same Guardianship Council is then responsible for consenting, by decree, that a ward of the state is eligible for adoption. These decrees must be presented to the Tribunal pour Enfants as part of the child’s information following a match.

Abandonment: Local Social Services must provide a PV Tutelage Report (Proces-Verbal de Constat d'Abandon d'un Enfant) in all cases of abandonment, including an absence of parents due to loss, separation, death, desertion, or disappearance of the biological parents. The local Guardianship Council may decree that specific children are wards of the state following abandonment (PV Tutelage Report). The same Guardianship Council is then responsible for consenting, by decree, that a ward of the state is eligible for adoption. These decrees must be presented to the Tribunal pour Enfants as part of the child’s information following a match.

Age of Adoptive Child: Congolese law does not limit prospective adoptees’ age. Adoptees fifteen years and older must consent to the adoption. Please note that in order for a child to meet the definition of an orphan under U.S. immigration law, a Form I-600 petition must be filed while the child is under the age of 16 (or under the age of 18 if adopted, or to be adopted, together with a sibling under the age of 16).

Sibling Adoptions: No known requirements.

Special Needs or Medical Conditions: No known requirements.

Waiting Period or Foster Care: None specified.

Caution: Prospective adoptive parents should be aware that not all children in orphanages or children's homes are adoptable. In many countries, birth parents place their child(ren) temporarily in an orphanage or children's home due to financial or other hardship, intending that the child return home when this becomes possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to their child(ren)'s adoption.

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