Difference between revisions of "How to Adopt from Sierra Leone"

Latest revision as of 06:03, 25 March 2015

Woman and baby in Lunsa.
Source: flickr.com.

Adoption Authority

Sierra Leone Adoption Authority

Ministry of Social Welfare, Gender & Children's Affairs

The Process

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

Choose an Adoption Service Provider
Apply to be Found Eligible to Adopt
Be Matched with a Child
Adopt the Child in Sierra Leone
Apply for the Child to be Found Eligible for Adoption
Bringing Your Child Home

1. Choose an Adoption Service Provider

The first step in adopting a child from Sierra Leone is usually to select an agency or attorney in the United States that can help with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. Learn more about choosing the right Adoption Service Provider.

The U.S. Embassy in Freetown maintains a list of local attorneys which is available upon request. There are no registered adoption agencies in Sierra Leone. There are organizations registered as non-Governmental organizations (NGOs) or private voluntary organizations (PVOs) that provide assistance to children and facilitate international adoptions. While the Government of Sierra Leone does not have a list of registered NGOs or PVOs, your adoption agency should be able to provide you with copies of a local organization's registration certificates. The U.S. Embassy cannot recommend the services of any specific attorney or organization.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state Government agency in the U.S. state where the agency is located or licensed.

2. Apply to be Found Eligible to Adopt

To bring an adopted child from Sierra Leone to the United States, you must apply to be found eligible to adopt (Form I-600A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Read more about Eligibility Requirements.

In addition to meeting the U.S. requirements for adoptive parents, you need to meet the country's requirements as described in the Who Can Adopt section.

3. Be Matched with a Child

If you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority will provide you with a referral to a child. The child must meet the country's eligibility requirements for adoptable children, as described in the Who Can be Adopted section. The child must also meet the definition of an orphan under U.S. law.

4.Adopt the Child (or Gain Legal Custody) in Sierra Leone

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

Role of The Adoption Authority: The Ministry of Social Welfare, Gender and Children's Affairs is the Government office responsible for overseeing adoptions and child welfare issues in Sierra Leone. To initiate an adoption, an attorney in Sierra Leone sends a letter with relevant documents attached to the Social Development Officer in the Ministry of Social Welfare, Gender and Children's Affairs in Freetown.
Role of The Court: The High Court is the only authority in Sierra Leone that can issue an order granting an adoption or legal custody of minor children. After the Social Development Officer approves the prospective adoption the attorney files a petition for adoption with the High Court of the Sierra Leone. The High Court may order an investigation by an investigator appointed by the Court. The investigator should file a written report of the investigation with the High Court within 30 days of issuance of the investigation order. The High Court will schedule a hearing after these steps are completed to the court's satisfaction. The High Court currently requires at least one prospect adopting parent and the adoptive children to attend the hearing. The High Court may waive the appearance of the child for good cause and will usually state this in the order of adoption. The High Court may require the biological parents to appear in court to confirm sworn statements or affidavits. All hearings are confidential and held in closed court. The High Court must be satisfied that the "moral and temporal interests" of the child will be served by the adoption. While the High Court usually makes a ruling after one hearing, in some cases it will request additional documentation and/or investigation and schedule another hearing. If the High Court approves the adoption, it will issue a court order that either grants a full and final adoption, or authorizes the leave to adopt. There are no fixed time-lines or constraints on the High Court's processing of adoptions.

Role of Adoption Agencies: There are no registered adoption agencies in Sierra Leone. The U.S. Embassy in Freetown maintains a list of local attorneys which is available upon request. The U.S. Embassy cannot recommend the services of any specific attorney or organization.

Adoption Application: Most prospective adoptive parents work through an adoption agency in the U.S., which in turn maintains a relationship with an orphanage or organization in Sierra Leone, throughout the adoption process. Adoptive parents who do not want to go through a local organization are advised to hire an attorney to assist with the adoption application and process. Time Frame: There are no fixed time lines or constraints on the Court's processing of adoptions. In the past, U.S. prospective adoptive parents have taken between six months to two years to complete the adoption procedures. Adoption Fees: Official Government fees associated with adoptions in Sierra Leone are minimal and consist mainly of court filing costs. Such filing fees normally are less than U.S. $10. The cost of employing local counsel varies, but prospective adoptive parents can expect to pay several hundred dollars at a minimum for an attorney. Some adoption agencies charge prospective adoptive parents monthly maintenance fees that can be several hundred dollars per month. While monthly maintenance fees are legal in Sierra Leone, it appears that some local orphanages may have delayed adoption proceedings in order to continue payments of maintenance fees longer than necessary. Documents Required: The following documents are required for adoption in Sierra Leone:

1. Petition for Adoption

2. Written consent of living biological parents

3. Affidavits concerning the prospective adoptive parents

4. Marriage certificate if appropriate

5. Evidence of finances such as bank statements and job letters

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

After you finalize the adoption (or gain legal custody), you will apply to the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for permission to bring the child home to the United States. USCIS will determine whether the child is eligible under U.S. law to be adopted. Visit USCIS website for more information.

Because of the high incidence of fraud in Sierra Leone adoption cases, Embassy Freetown conducts a field investigation to confirm a child's status as an orphan under U.S. law. The field investigation will be conducted only after we have either (a) received an approved I-600 petition from the USCIS, or (b) have accepted an I-600 petition filed by the adopting parent(s) at the Embassy. Field investigations usually take between 2 to 4 months, depending on the availability and location of witnesses required to confirm evidence of orphan status. Upon receipt of the final results of the field investigation, we will notify the adopting parents and provide instructions on how to proceed.

Prior to completing an adoption in Sierra Leone, prospective adoptive parents should request that the U.S. adoption agency or Sierra Leonean orphanage that has identified the child as potentially adoptable provide clear evidence that the child is likely to meet the INA definition of "orphan." Adoption agencies and orphanages should be able to provide the following items for each child being offered as available for adoption:

1. A copy of the child's official intake form completed at the time the child was brought to the orphanage. The intake form should indicate the circumstances under which the child was brought to the orphanage and any actions taken to confirm the facts.

2. A copy of the child's birth certificate.

3. A copy of a death certificate for any parent who has died.

If the child has a sole or surviving parent, a copy of the statement the biological parent made at the Ministry of Social Welfare, Gender and Children's Affairs irrevocably relinquishing parental rights.

If a parent has abandoned a child or disappeared, copies of the police report, the report by Ministry of Social Welfare, Gender and Children's Affairs detailing efforts to locate the parent and severing parental ties to the missing parent, and/or a court order making the child a ward of the state.

In Sierra Leone it appears that the only way a sole or surviving parent can irrevocably relinquish his or her parental rights to his or her child is at the Ministry of Social Welfare in the presence of either the Minister and/or the Chief Social Development Officer. Also, there does not appear to be any adoption agency or orphanage in Sierra Leone that is authorized under the child welfare laws of Sierra Leone to take the relinquishment or release of a child who has been abandoned by his or her birth parents.

6. Bringing Your Child Home

Now that your adoption is complete (or you have obtained legal custody of the child), there are a few more steps to take before you can head home. Specifically, you need to apply for three documents for your child before he or she can travel to the United States:

1. Birth Certificate

You will first need to apply for a new birth certificate for your child, so that you can later apply for a passport. Your name will be added to the new birth certificate.

2. Sierra Leone Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from Sierra Leone.

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child, you also need to apply for an U.S. visa from the United States Embassy for your child.

Once the U.S. Embassy in Freetown has confirmed the adopted child's status as an orphan, a consular officer will contact the adopting parent(s) in order to schedule an appointment to process the child's immigrant visa.

The adopted child must be physically present at the U.S. Embassy in Freetown at the time of the visa interview.

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

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