Difference between revisions of "How to Adopt from South Sudan"

Latest revision as of 04:31, 28 March 2015

Cattle herders in Rumbek.
Source: Wikipedia.org.

Adoption Authority

The Republic of South Sudan’s Adoption Authority

Ministry of Gender, Child, and Social Welfare

The Process

The process for adopting a child from the Republic of South Sudan 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 [or obtain custody of] the child in the Republic of South Sudan
5. Apply for the child to be found eligible for orphan status
6. Bring your child home

1. Choose an Adoption Service Provider

The recommended first step in adopting a child from the Republic of South Sudan 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.

The Child Act of 2008 does not address whether adoption service providers are permitted to operate in the Republic of South Sudan. The law requires that a social worker assist in the preparation of a report to the court on the identity, adoptability, background, social environment, family and medical history of the child, as well as any special needs of the child.

2. Apply to be Found Eligible to Adopt

In order to adopt a child from the Republic of South Sudan, you will need to meet the requirements of the Government of the Republic of South Sudan and U.S. immigration law. You must submit an application to be found eligible to adopt with the Republic of South Sudan.

Applications for adoption of child in South Sudan should be submitted to a court. Adoption applications by foreign prospective adoptive parents must be submitted to the High Court. Foreigners seeking to adopt must demonstrate they have:

1. Established residence in South Sudan for a minimum of 3 years;

2. Fostered the child for at least one year;

3. Have no criminal record;

4. Have an approved recommendation of suitability to adopt issued by an authorized person or entity in their country of origin;

5. Satisfy the court that their country of origin will respect and recognize the adoption order;

6. Satisfy the court that the child adopted will be authorized to enter and permanently reside in the prospective adoptive parent’s country of origin.

The court may impose additional terms and conditions in the decree for adoptions by foreign prospective adoptive parents.

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 central adoption authority or other authorized entity in the Republic of South Sudan will provide you with a referral. Each family must decide for itself whether or not it will be able to meet the needs of and provide a permanent home for a particular child.

The Child Act of 2008 requires that an authorized person declare the child available for adoption. Additionally, the Child Act requires a registry of adopted children be kept and maintained by an authorized person. There is no information available on how such an authorized person makes the determination on a child’s adoptability or any procedures for matching prospective adoptive children with prospective adoptive parents.

The child must be eligible to be adopted according to the Republic of South Sudan’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 or Obtain Legal Custody of Child in the Republic of South Sudan

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

• ROLE OF ADOPTION AUTHORITY: The Ministry of Gender, Child, and Social welfare is responsible for establishing adoption policy.
• ROLE OF THE COURT: The court determines whether the proposed adoption is in the best interests of the child and issues the adoption decree. The High Court determines whether foreign prospective adoptive parents meet the requirements to adopt a child in South Sudan.
• ROLE OF ADOPTION AGENCIES: It is unclear whether adoption service providers are permitted to operate in South Sudan.
• ADOPTION APPLICATION: The adoption application should be submitted to the High Court.
• TIME FRAME: There is no information available on the duration of the adoption process in South Sudan.
• ADOPTION FEES: There is no information available on fees charged for steps in the adoption process in South Sudan.
• DOCUMENTS REQUIRED: There is no specific list of documents required available. However, the adoption application should demonstrate the following:

1. That the prospective adoptive parents have established residence in South Sudan for a minimum of 3 years;

2. That the prospective adoptive parents have fostered the child for at least one year;

3. That the prospective adoptive parents have no criminal record;

4. That the prospective adoptive parents are of sound mind;

5. That the prospective adoptive parents meet the requirements to adopt in South Sudan;

6. That the prospective adoptive parents have an approved recommendation of suitability to adopt issued by an authorized person or entity in their country of origin;

7. Documentation to satisfy the court that their country of origin will respect and recognize the adoption order;

8. Documentation to satisfy the court that the child adopted will be authorized to enter and permanently reside in the prospective adoptive parent's country of origin.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 Orphan Status

After you finalize the adoption (or gain legal custody) in the Republic of South Sudan, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the definition of orphan under U.S. immigration 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 the Republic of South Sudan, 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.

Birth certificates are normally provided at birth by hospitals through agreements with the state government. There is no known precedent for adoptive parents obtaining an amended birth certificate.

2. Republic of South Sudan Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from the Republic of South Sudan.

Passports can be obtained through the Ministry of Interior’s Directorate of Immigration. Prior to this, however, a certificate of nationality must be obtained through the Directorate of Nationality. Each of these steps takes approximately seven days. The cost for a passport is 450 South Sudanese pounds at the time of writing (June 2013).

3. U.S. Immigrant Visa

After you obtain the 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 a U.S. immigrant visa for your child from the U.S. Embassy in Nairobi. 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 the U.S. Embassy in Nairobi’s website.

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

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