Difference between revisions of "How to Adopt from Angola"
m (→The Process) |
|||
Line 108: | Line 108: | ||
− | '''NOTE:''' Additional documents may be requested. These documents may include 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, [ | + | '''NOTE:''' Additional documents may be requested. These documents may include 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, [https://travel.state.gov/content/travel/en/records-and-authentications/authenticate-your-document/office-of-authentications.html Authentications Office] may be able to assist. |
Latest revision as of 12:44, 12 October 2022
Angola’s Adoption Authority
National Office of Children and Adolescents of the Ministry of Social Assistance and Reintegration (MINARS); Ministry of Justice; and the National Parliament.
The Process
The process for adopting a child from Angola 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 Angola
- 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 Angola 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.
There are no specific adoption agencies in Angola. Prospective adoptive children can be selected from an orphanage or foster center. There are orphanages and foster children centers in all 18 provinces of Angola. After the selection of the child, prospective adoptive parents should inform MINARS and request assistance in completing the adoption process. A list of adoption attorneys in Angola may be found at the U.S. Embassy in Angola’s website.
2. Apply to be Found Eligible to Adopt
In order to adopt a child from Angola, you will need to meet the requirements of the Government of Angola and U.S. immigration law. You must submit an application to be found eligible to adopt with the Ministry of Justice.
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, MINARS will provide you with a referral to be presented to the Ministry of Justice, Department of Social Assistance of the Family Court. 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 Angola’s requirements, as described in the Who Can Be Adopted section. The child must also meet the definition of an orphan under U.S. immigration law.
The process for finalizing the adoption in Angola generally includes the following:
- Role of Adoption Authority: There is no single adoption authority in Angola. The National Office of Children and Adolescents accepts adoption requests on behalf of MINARS. MINARS then processes and evaluates applications to be forwarded to the Family Court Room (a department of the Ministry of Justice).
- Role of the Court: The Family Court Room reviews MINARS evaluations, provides permission for the prospective adoptive child be adopted, and forwards the file to the ‘’Assembleia Nacional’’ (National Parliament) for final approval of the adoption.
- Role of Adoption Agencies: There are no adoption service providers in Angola.
- Adoption Application: The following sections outline the major provisions of the law that apply to adoptions:
- Adoption by proxy is prohibited.
- Adoption requires the consent of the prospective adoptive child's birth parent(s) or the legal guardian. Consent will be waived with regard to a child or adolescent whose birth parents are unknown or who have forfeited their parental rights.
- A home study is required and will be evaluated by a Judge of the Family Court Room from the Provincial Court before the approval of the Parliament (National Assembly).
- Prospective adoptive parent(s) should contact a local orphanage to identify a child for adoption through the National Office of Children and Adolescents. After a prospective adoptive child is identified, the orphanage contacts MINARS. If the prospective adoptive child is eligible for adoption, MINARS issues a document giving permission for the prospective adoptive child to be adopted. The process of identifying the child for adoption and receiving approval from MINARS can take 6-12 months.
- The prospective adoptive parent(s) then submit a request to the Family Court Room requesting approval from the National Assembly to adopt the child. Along with this request, the prospective adoptive parent attaches the following:
- A copy of the MINARS document giving permission for the child to be adopted
- Birth certificates of the prospective adoptive parent(s)
- Marriage (and prior divorce) certificate of the prospective adoptive parents(s) (if applicable)
- Police clearance from home country and from Angola
- Medical exam attesting good physical and mental health
- Proof of financial support
The process of approval from the Parliament can take between 12-18 months.
NOTE: Prospective adoptive parents should expect to submit certified copies of all documents.
During the adoption process, the prospective adoptive parent(s) can submit a separate request to the Family Court Room requesting guardianship of the child. The request for guardianship can be submitted at the same time the request to the National Assembly is submitted. The request must be accompanied by the same documents listed above. A hearing will be scheduled at which the prospective adoptive parent(s) must be present. If the child is ten years of age or older, he/she will also be heard by the Trustee at the Family Court Room. This process may take three to six months to be completed.
If the child is not an orphan, the prospective adoptive parent (s) will have to note that on their request and the Trustee of the Family Court Room will send a notification to the birth parents to appear in person and consent to the adoption of the child. Their consent will effectively permanently sever their parental rights.
Once the National Assembly (Parliament) approves the adoption and the adoptive parent(s) receive the determination, that document must be submitted to the Family Court Room, and the Family Court Judge must issue the adoption decree.
An intercountry adoption in Angola can take anywhere from two to three years to complete from the time the prospective adoptive child is identified.
Prospective adopting parents can expect to pay as much as U.S. $3,000.00 in government fees to complete the adoption. Attorney’s fees are estimated to be an additional U.S. $10,000.
The U.S. Embassy in Angola discourages the payment of any fees that are not properly receipted such as “donations” or “expediting” fees that may be requested from prospective adoptive parents.
Documents Required:
- 1. Initial application can be made by a letter and should include the personal data of the prospective adoptive parents and the personal data of the prospective adoptive child. This letter does not need to be notarized.
- 2. Criminal background check and clearance (The USCIS FBI background check is sufficient)
- 3. Medical evaluation can be conducted in the U.S. or Angola
- 4. Proof of income
- 5. Birth certificate of the prospective adoptive parent(s)
- 6. Birth certificate (if available) for the prospective adoptive child or a statement from the institution where the child has been cared for
- 7. Marriage certificate and divorce decree(s) of prospective adoptive parent(s), if applicable
- 8. Consent from any living biological parent(s) of the child to adopt.
All documents must be translated into Portuguese.
The translation into Portuguese must be done in Angola. Any translator in Angola can do the translation. A list of translators is available from the Consular Section of the U.S. Embassy. The court will ask the translator to appear in court and swear that the translation is correct.
NOTE: Additional documents may be requested. These documents may include 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 Angola, 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.
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 Angola, you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate.
A new birth certificate will be issued after the judge's final approval. The judge orders the issuance of a new birth certificate with the adoptive parent(s) name(s) if they desire.
- 2. Angolan Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Angola.
To apply for an Angolan passport the adoptive parents have to contact the Angolan Immigration Service, Serviços de Migração e Estrangeiros (SME), in Luanda.
- 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 a U.S. immigrant visa for your child from the United States Embassy in Angola. 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 Embassy Luanda’s website.
Adoptive parents may send an email to the U.S. Embassy Consular Section at consularluanda@state.gov to schedule an appointment.
NOTE: Visa issuance after the final interview now generally takes at least 24 hours. It is not normally possible for the Embassy to issue a visa for an adopted child on the day of the interview. Adoptive parents should verify current processing times with the U.S. Embassy in Angola before making final travel arrangements.
Child Citizenship Act
For adoptions finalized abroad prior to the child’s entry into the United States: A child will acquire U.S. citizenship upon entry into the United States if the adoption was finalized prior to entry and the child otherwise meets the requirements of the Child Citizenship Act of 2000.
For adoptions finalized after the child’s entry into the United States: An adoption will need to be completed following your child’s entry into the United States for the child to acquire U.S. citizenship.
Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting. Read more about the Child Citizenship Act of 2000.
Back to Adopting from Angola