Difference between revisions of "How to Adopt from Tuvalu"

Latest revision as of 01:11, 6 April 2015

Nanumea atoll from space.
Source: Wikipedia.org.

Adoption Authority

There is no support system or body in Tuvalu which oversees international adoptions. The Senior Magistrate Court handles international adoptions.

The Process

The process for adopting a child from Tuvalu 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 Tuvalu
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 Tuvalu 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.

There are no adoption agencies or non-government lawyers in Tuvalu. Attorneys resident in Suva, Fiji, occasionally handle cases in Tuvalu.

There is only one private lawyer practicing in Tuvalu known as the "People's Lawyer" who is a volunteer on contract with the Tuvalu Government. The People's Lawyer may be contacted at:

Office of the People's Lawyer

Private Mail Bag Funafuti, Tuvalu Telephone: (688) 20721 Fax: (688) 20730

Prospective adoptive parents may have to seek the assistance of the People's Lawyer. Alternatively, prospective adoptive parents may seek assistance from the Attorney General's office.

The Attorney General's office contact information is:

Office of the Attorney General

Private Mail Bag Funafuti Telephone: (+688) 20823 Facsimile: (+688) 20819

2. Apply to be Found Eligible to Adopt

To bring an adopted child from Tuvalu 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 Tuvalu as described in the Who Can Adopt section.

3. Be Matched with a Child

If you are eligible to adopt, you are responsible to identitfy a child below the age of 12 years . 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 Tuvalu's 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 Tuvalu

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

ROLE OF THE ADOPTION AUTHORITY: There is no support system or body in Tuvalu which oversees international adoptions. There is one social welfare officer based at the Ministry of Home Affairs.

ROLE OF THE COURT: The prospective adoptive parents must file an Application for Adoption with the Senior Magistrate Court. The Court will then appoint the Tuvaluan Social Welfare Officer from the Ministry of Home Affairs as Guardian Ad Litem. The Social Welfare Department will conduct a home-study and investigation that assesses the prospective adoptive parents' character, financial competence and suitability, and report back to the Court. The Magistrate's Court will then consider whether to grant an Adoption Order based on the report. If the Social Welfare report is favorable, the court grants the Adoption Order.

ADOPTION APPLICATION: The best source for information about adoption in Tuvalu would be Tuvalu's Adoption Act, which can be located at this website. Tuvalu's Adoption Act states at the outset that: "In all proceedings under this Act the welfare and interests of the child shall be regarded as the paramount consideration." Very generally, and in summary, the process as outlined in the legislation is as follows:

1. The prospective adoptive parents must obtain written consent from (a) the child, and (b) the child's parents or guardians.

2. The prospective adoptive parents may then file an Application for Adoption with the Senior Magistrate Court.

3. The Court appoints the Tuvaluan Social Welfare Officer from the Ministry of Home Affairs as Guardian Ad Litem. The Social Welfare Department conducts a home-study and investigation that assesses the prospective adoptive parents' character, financial competence and suitability, and reports back to the Court.

4. The Magistrate's Court considers whether to grant an Adoption Order based on the report. If the Social Welfare report is favorable, the court grants the Adoption Order.

5. The parents take the Adoption Order to the Tuvaluan Registrar General in order to amend the original birth record to reflect the completion of the adoption. The new parents are issued a new birth certificate showing the adoptive parents as the child's "Father" and "Mother."

TIME FRAME: The Department of State has been advised that it generally takes about two months to complete an adoption in Tuvalu, from filing the application until issuance of the adoption order.

ADOPTION FEES: The U.S. Government discourages the payment of any fees that are not properly receipted, "donations," or "expediting" fees, that may be requested from prospective adoptive parents. Such fees have the appearance of "buying" a baby and put all future adoptions in Tuvalu at risk. Australian currency is used in Tuvalu. A court fee of Australian $6.00 is required to file the motion and receive the Adoption Order.

DOCUMENTS REQUIRED: The Social Welfare Officer and the Senior Magistrate Court will require the prospective adoptive parents to submit the following documents:

1. Written consent of the child and the child's parents or guardians.

2. The child's original birth certificate.

3. Adoptive parents' criminal background, financial documents, employment references, evidence of property, etc.

4. Prospective adoptive parents' birth certificates, marriage license, and any divorce decrees from previous marriages.

5. Two written character references for the adoptive parents, preferably from people of high standing, such as church ministers, school principles, or government officials.

6. An independent home study report, conducted by their local social welfare agency.

7. Any other information tending to show that the adoption is in the best interest of the child. (e.g., a statement as to motives for 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. Learn how.

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

After you finalize the adoption (or gain legal custody) in Tuvalu, 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.

In order to do this, you will need to take the Adoption Order to the Tuvaluan Registrar General in order to amend the original birth record to reflect the completion of the adoption. The new birth certificate will show you, the adoptive parents, as the child's "Father" and "Mother."

2. Tuvaluan Passport

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

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.

NOTE: The U.S. Embassy cannot issue visas on the same day of the visa interview. Prospective adopting parents should expect a minimum of two days for the visa to be issued. American families should make their travel plans accordingly, including allowing for the possibility of computer difficulties or other problems that could potentially further delay visa issuance

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

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