Difference between revisions of "How to Adopt from Tonga"

Latest revision as of 03:46, 5 April 2015

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Source: Wikipedia.org.

Adoption Authority

Tongan Adoption Authority

The Supreme Court of the Kingdom of Tonga is the adoption authority.

The Process

The process for adopting a child from Tonga 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 (or Gain Legal Custody) in Tonga
Apply for the Child to be Found Eligible for Adoption
Bring Your Child Home

1. Choose an Adoption Service Provider

The first step in adopting a child from Tonga is usually to select a licensed agency 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.

2. Apply to be Found Eligible to Adopt

To bring an adopted child from Tonga 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). Learn how.

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

3. Be Matched with a Child

Prospective adoptive parents have the responsibility of identifying the child themselves and then lodge an application for adoption letters with the central authority. The central authority does not assist in identifying a child for adoption.

Each family must decide for itself whether or not it will be able to meet the needs of a particular child and provide a permanent family placement for the referred child. .

The child must be eligible to be adopted according to Tonga requirements, as described in the Who Can be Adopted section. The child must also meet the definition of an orphan under U.S. law. Learn more.

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

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

ROLE OF THE ADOPTION AUTHORITY: Prospective adoptive parents must first identify a child whom they wish to adopt. They then file an application for letters of adoption with the office of the Registrar of the Supreme Court. After reviewing the application to ensure that it is in order, the Supreme Court appoints a Guardian Ad Litem (usually a representative from Crown Law) to compile a report with recommendations on whether or not the applicants should be granted letters of adoption. When the Court receives the Guardian Ad Litem report, it will set a date to hear the application, which is usually done in chambers in the presence of the applicants. At that hearing, the judge will make a decision and notify the applicants (if they aren't present). It is customary for Tongans who wish to adopt a child to contribute to the child's maintenance between the time of the request to the biological mother and the issuance of letters of adoption. All other payments are prohibited. An affidavit of declarations about the applicants must specifically declare any payments. The sworn affidavit of declaration from prospective adoptive parents must declare any payments made towards the welfare of the child. Tongan authorities take child buying very seriously and they would like to rule out is any circumstance/instance in which the child's biological mother is paid to give her consent to the adoption of the child.

ROLE OF THE COURT: The Supreme court is the central authority for adoptions in Tonga. The supreme court finalizes the adoption, hands over legal custody of child to adoptive parents, issues amended birth certificate for adopted child listing adoptive parents as legal parents and issue letters of adoption signed by the chief Justice of Tonga.

ROLE OF ADOPTION AGENCIES: Adoption agencies and intermediaries specializing in adoption do not exist in Tonga. Many prospective adoptive parents work through church organizations in Tonga to request assistance in identifying children who might be available for adoption. In practice, most Tongan adoptions occur within the child's birth family. Although Tonga does not have adoption agencies, American prospective adoptive parents may still choose to work with a U.S. adoption agency to assist with the U.S. portions of the adoption process. If they do so, they should fully research any such adoption agency or facilitator. 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.

TIME FRAME: Currently, the typical time frame from physically meeting the child to having an adoption order is six to eight months.

ADOPTION FEES: The Tongan government fee is around US$17 per child, up to a maximum of less than US$25 if adopting more than one child. Tongan attorney fees generally range between US$300 and US$400 per child. It is customary for Tongans who wish to adopt a child to contribute to the child's maintenance between the time of the request to the biological mother and the issuance of letters of adoption. All other payments are prohibited. An affidavit of declarations about the applicants must specifically declare any payments. The sworn affidavit of declaration from prospective adoptive parents must declare any payments made towards the welfare of the child. Tongan authorities take child buying very seriously and they would like to rule out is any circumstance/instance in which the child's biological mother is paid to give her consent to the adoption of the child.

DOCUMENTS REQUIRED: Prospective adopting parents must provide the following documents when submitting an application for adoption to the Tonga Supreme Court: An independent home study report must be submitted by all overseas applicants for adoptions. The home study report should be conducted by their local Social Welfare agency, which must be addressed and sent directly to the Chief Justice in Tonga. It is important to note that Tongan officials are not generally familiar with the U.S. home study, which is a pre-adoption requirement of the U.S. Citizenship and Immigration Services, and therefore a separate home study will be necessary to satisfy Tongan requirements. Prospective adoptive parents may, however, choose to submit a copy of their U.S. home study to the Tongan Chief Justice as supplementary information. Additional documents include:

1. Application for adoption;

2. Evidence that the adoption is in the best interest of the child. (For example, a statement of the prospective adoptive parents' motives for adoption, proof of financial capabilities, etc;

3. Child's original birth certificate;

4. Prospective adoptive parents' marriage license (if married);

5. Prospective adoptive parents' birth certificates;

6. Prospective adoptive parents' financial information, such as bank statements, job letters, etc;

7. Death certificate(s) of birth parents of child (if deceased);

8. Consent to adoption from biological mother;

9. Sworn affidavits of applicants for letters of adoption and sworn affidavits of the child's biological parents. Prospective adoptive parents may write up their own Affidavits and get it sworn in the presence of a Commissioner of Oath or an attorney for a fee of US$3;

10. Two letters of support/recommendations from the prospective adoptive parents neighbors or friends stating the suitability of applicants for adopting;

11. Fee of US $5.00 for the application for adoption. Once the application is approved, the applicants have to pay a second fee of US$12.00 for the Letter of Adoption. NOTE: Additional documents may be requested. If you are asked to provide proof that a document from the United States is authentic, we can help.

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

After you finalize the adoption (or gain legal custody) in Tonga, the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) MUST determine whether the child is eligible under U.S. law to be adopted (Form I-600). Learn how.

6. Bring 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 several 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. Tongan Passport

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

Current Tongan law places restrictions on the issuance of Tongan passports to Tongan children adopted by foreigners. The children may obtain Tongan passports, but only in their birth (rather than adoptive) names. It is advisable that applicants for letters of adoption that their prospective adoptive child already has a Tongan passport before the adoption order has been granted. American prospective adoptive parents do not have legal standing to apply for a Tongan passport for a minor child. The biological parent or a Tongan legal guardian must consent to the passport application. Tongan law clearly states, "The adopted person shall bear the name of and be deemed to be of the same nationality as the person to whom Letters of Adoption have been granted by the Court."

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. After the adoption (or custody for purpose of adoption) is granted, visit the U.S. Embassy for final review and approval of the child's I-600 petition and to obtain a visa for the child. 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 if it was not provided during the provisional approval stage. Learn more.

Once the U.S. Embassy in Suva receives evidence that the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) division has approved the prospective adoptive parents' Form I-600 (or I-600A), the Embassy will contact the parents to initiate the child's visa application process. It is then the prospective adoptive parents' responsibility to keep in touch via one of the contact methods listed above (phone, fax, e-mail, etc.).

NOTE: The U.S. Embassy in Suva cannot issue visas on the same day. The minimum turnaround time is two working days, depending on the completeness of the application package and accompanying documentation.

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

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