Revision as of 19:19, 26 February 2014

Hague Convention Information

Côte d’Ivoire 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. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Côte d’Ivoire, 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 Côte d’Ivoire:

Residency

The adoption law requires a mandatory home study and a six-month integration period. In some past instances, however, the Court of Justice has waived the requirement or reduced the length of time provided that the adoptive parent(s) prove that they have seen and have been supporting the adoptive child.

Age of Adopting Parents

The prospective adoptive parent(s) must be more than thirty years old and must be at least 15 years older than the adoptive child.

Marriage

A prospective adoptive couple must be married for at least five years, and both individuals must consent to the adoption. Lesbian, gay, bisexual and transgender (LGBT) individuals and same-sex couples are not eligible to adopt.

Income

Income requirements are not specifically addressed in the adoption law. The law states that “the adoption is not possible unless there are clear and convincing reasons and if it will confer advantages to the adopted child.” That is, the adoption should be beneficial for the child at all levels. The judge will, therefore, verify whether the adoptive parent(s) are financially capable to provide good care for the child. In addition, in order to be eligible to adopt adoptive parent(s) must include in their application, addressed to the Direction de la Protection Sociale (Department of Social Welfare), any proof of income whether they are employed or self-employed.

Other

N/A

Who Can Be Adopted

In addition to U.S. immigration requirements, Côte d’Ivoire has specific requirements that a child must meet in order to be eligible for adoption:

Relinquishment: Children placed in an orphanage by the biological parent(s) for financial inability or other personal reasons are not available for adoption unless the parent(s) irrevocably relinquish their parental rights and consent to the child’s adoption in accordance with the law.

Abandonment: Foundlings, directly placed in public orphanages, are considered abandoned if the biological parents cannot be located after three months of police investigation.

Age of Adoptive Child: With regard to full adoption, the law states that the child must be under 15 years old. However, the maximum of age for an orphan placed in a public orphanage is 12 years old. Important note: U.S. law requires a child to be under the age of 16 at the time the petition is filed to qualify for a U.S. immigrant visa, unless the child is the natural sibling of another child who was adopted by the same parents while under the age of 18.

Sibling Adoptions: Sibling adoptions are allowed. No priority is given to prospective adoptive parents adopting siblings.

Special Needs or Medical Conditions: A medical examination is required for an orphan before the child can be released from the orphanage. The medical examination is the responsibility of the prospective adoptive parent(s).

Waiting Period or Foster Care: The law requires a mandatory six-month period for foster care but in practice it is not always enforced.

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