Difference between revisions of "How to Adopt from Zambia"

Latest revision as of 19:46, 6 April 2015

The Wonder Gorge, Lunsemfwa
Source: Wikipedia.org.

Adoption Authority

Ministry of Community Development, Mother and Child Health

NOTE: Prospective adoptive parents may contact Social Welfare Officers and Juvenile Inspectors of the Provincial and District Social Welfare Offices to apply for adoption.

The Process

The process for adopting a child from Zambia 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 Zambia
Apply for the child to be found eligible for orphan status
Bring your child home

1. Choose an Adoption Service Provider

The recommended first step in adopting a child from Zambia is to select a licensed adoption service provider in the United States that can help you with your home study. 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.

U.S. adoption agencies must be registered with the Commissioner of Juvenile Welfare in order to provide adoption services in Zambia. Currently, there are no registered U.S. adoption agencies licensed to work in Zambia. The only entity legally permitted to facilitate adoptions in Zambia is the Ministry of Community Development, Mother and Child Health.

While not mandatory, prospective adoptive families may wish to hire an attorney to assist them with Zambian legal requirements. The U.S. Embassy in Lusaka maintains a list of attorneys who will work with U.S. citizens. The Embassy cannot recommend the services of any specific attorney.

2. Apply to be Found Eligible to Adopt

In order to adopt a child from Zambia, you will need to meet the requirements of the Government of Zambia and U.S. immigration law. You must submit an application to be found eligible to adopt with the Department of Social Welfare of the Ministry of Community Development, Mother and Child Health of Zambia.

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.

In addition, prospective adoptive parents must apply to the Zambian Ministry of Social Welfare, Mother and Child Health for permission to adopt. Prospective adoptive parents should write to the Social Welfare Department, including the documentation listed in the “Documents Required” section below. Sending the request by courier and including a pre-paid, pre-addressed envelope will facilitate response. There is no official application form. Your application takes the form of a letter with supporting documentation. You are required to document, in writing, your intent to adopt and your expectations regarding the gender, age, and health of the child, and reasons for choosing to adopt in Zambia. You should provide a letter of reference, copy of your passport, police clearance, and bank statement. Currently, an approved Form I-600A with a valid home study may be accepted by the Department of Social Welfare, Ministry of Community Development, Mother and Child Health as evidence of suitability to adopt.

If foreign prospective adoptive parents are resident in Zambia, Zambian social workers will interview them and conduct a home study. However, a home study prepared in Zambia must be approved by a licensed U.S. adoption service provider in order to fulfill U.S. immigration requirements.

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 Zambia will provide you with a referral, and an “Effective Date of Notice”, which is approval that you may adopt. 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 must be eligible to be adopted according to Zambia’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.

After the prospective adoptive parents have accepted the match, the Department of Social Welfare may ask them to visit the child’s orphanage several times in order to bond with the child and the child's guardian from the Department of Social Welfare. At this stage, the prospective adoptive parents may file the adoption application with the Department of Social Welfare. The application will contain the child's biographic information (name, gender, date of birth, place of birth).

It is not advisable for prospective adoptive parents to travel to Zambia for the purposes of adoption before being matched with a child. It is possible that you may be matched with a child who resides outside of Lusaka, requiring you to work closely with the District Social Welfare Office having jurisdiction over that region.

NOTE: Only the Social Welfare Headquarters Office in Lusaka can issue an “Effective Date of Notice.”

NOTE: U.S. citizens are cautioned against independently identifying a child for adoption without the involvement of the Ministry of Social Welfare, as children identified outside of the Zambian government process may not ultimately be eligible for adoption under Zambian law.

4. Adopt or Gain Legal Custody of Child in Zambia

The process for finalizing the adoption in Zambia generally includes the following:

Role of Adoption Authority: Intercountry adoptions are overseen by the Ministry of Community Development, Mother and Child Health.

Role of the Court: Zambian magistrate level courts issue adoption and custody orders based on recommendations made by district level officers from the Ministry of Social Welfare. If these officers are satisfied that the prospective adoptive parents are suitable to adopt and that the adoption is clearly in the best interest of the child, they are likely to recommend adoption to the courts.

Role of Adoption Agencies: None

Adoption Application: After the three-month fostering period is completed, the Department of Social Welfare reviews the adoption application filed at the acceptance of the match. If approved, the Department of Social Welfare sends its recommendation to the magistrate's court serving the district of the child's place of residence. A summons will be served on the prospective adoptive parents, prospective adoptive child, and any person caring for the child (if applicable). The hearing is confidential. Note that both prospective adoptive parents must appear in person for this hearing. The child is assigned a guardian ad litem (social worker) who will represent the child’s interests before the court, investigate what is in the child’s best interests, and report his/her findings to the court at the adoption hearing. Once the adoption order is issued, it must be recorded with the Registrar General’s Office and the child’s details must be entered into the register as an adopted child.

Time Frame: There is a mandatory three-month continuous (foster) care requirement (fostering phase) prior to finalizing an adoption. In practice, the three-month period is sometimes waived upon court acceptance of a “certificate of urgency.”

Adoption Fees: Government of Zambia fees include:

1. Fostering fee – 50,000 kwacha (approximately U.S. $12.00);

2. Adoption court fee – 110,000 kwacha(approximately U.S. $24.00);

3. Zambian passport fee – 500,000 kwacha (approximately U.S.$111.00);

4. Registration/certificate of adoption – 105,000 kwacha (approximately U.S. $24.00);

5. Costs as may be determined by the court – 200,000 kwacha (approximately U.S. $45.00);

6. Police clearance application fee – 50,000 kwacha (approximately U.S. $10.00); U.S. based prospective adoptive parents may be able to present their U.S. police clearance in lieu of this requirement;

7. Attorney’s fees – 5,000,000 to 25,000,000 kwacha (approximately U.S. $1,000-$5,000).

NOTE: Court fees may vary from district to district. Prospective adoptive parents are encouraged to work with an attorney to prepare legal paperwork. If a parent chooses to work with an attorney, please be aware that hourly fees vary widely, just as they do in the United States. The U.S. Embassy in Lusaka maintains a list of attorneys who will work with U.S. citizens.

NOTE: The U.S. Embassy in Lusaka is not aware of any fees prospective adoptive parents have to pay to the orphanage where the child resides or to adoption facilitators at Social Welfare, and would discourage any fees that are not properly receipted, including “donations” or “expediting” fees that may be requested from prospective parents. There is no provision under Zambian law for payment of fees to social welfare workers.

DOCUMENTS REQUIRED: Documents required include:

1. Evidence of adequate finances (home study information will often suffice);

2. Police clearances (available at Police Headquarters);

3. Copies of birth certificates, passports, and marriage certificates of prospective adoptive parents;

4. Approved Form I-600A (this can serve as evidence that the adoptive parents were vetted for suitability by U.S. authorities). 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 in Zambia, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the definition of orphan under U.S. law. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative .

You must have an approved Form I-600 Petition to Classify Orphan as an Immediate Relative before an immigrant visa may be issued. You may file your Form I-600 petition in the U.S. or at the U.S. Embassy in Lusaka provided you have a valid, approved I-600A on record. Take note of the Zambian adoption documentary requirements in Section 6 below.

6. Bring Your Child Home

Once your adoption is complete, 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 and Adoption Decree

If you have finalized the adoption in Zambia you will first need to apply for a new birth certificate and adoption decree for your child. Your name will be added to the new birth certificate.

After the adoption court order has been granted, the adoptive parents must apply to the Registrar General for two documents: a new birth certificate for the adopted child and the adoption decree; these documents are not issued automatically. The new birth certificate will show the child’s new adopted name and the name(s) of the adoptive parent(s). The adoption decree signifies the successful completion of the adoption process; the court order alone does not suffice. Equipped with these two documents, the adoptive parents may apply for the child’s Zambian passport in the adopted name.

2. Zambian Passport

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

A Zambian passport in your adoptive child’s new name can be obtained at passport offices in Lusaka, Ndola, and Livingstone. To apply for a Zambian passport, you will need to submit the child’s new birth certificate, your adoption decree, and a passport application. Officially, processing time for passport applications is 21 days; however, passports are usually issued within a week of submission of the application with a receipted, fee-based expedite request. Delays still can occur.

3. U.S. Immigrant Visa

After you obtain the new 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 an U.S. immigrant visa for your child from the U.S. Embassy in Lusaka. 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 Lusaka’s website .

After your adoption is finalized, and you have obtained the child's new birth certificate and passport, contact the U.S. Embassy at consularlusaka@state.gov . If you are filing the petition at the U.S. Embassy in Lusaka, rather than with USCIS in the United States, schedule a time to submit your Form I-600 petition and supporting documents. If USCIS has already approved your I-600 petition, contact the U.S. Embassy at consularlusaka@state.gov to schedule your child's immigrant visa interview.

NOTE: Visa issuance after the I-600 petition has been approved and after the visa interview generally takes at least 48 hours. It will not normally be possible to provide the visa to adoptive parents on the day of the interview. Adoptive parents should verify current processing times by contacting consularlusaka@state.gov or calling 260-35700, extension 7260, before making final travel arrangements.

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

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