Revision as of 00:57, 2 April 2014

The official flag of Marshall Islands.
Source: cia.gov.

Map of Marshall Islands.
Source: cia.gov.

Map of Marshall Islands.
Source: cia.gov.

Marshall Islands.
Source: flickr.com.

A U.S. Serviceman with Marshall Islands children.
Source: flickr.com.

Lagoon-facing shoreline of Sibylla Island, Taongi Atoll, Marshall Islands.
Source: Wikipedia.org.

Children in the Marshall Islands.
Source: flickr.com.

Marshall Islands.
Source: flickr.com.

Children in the Marshall Islands.
Source: flickr.com.

Marshall Islands.
Source: flickr.com.

The Jobo Stickdancers of the Marshall Islands perform a traditional dance from Utrok Atoll.
Source: flickr.com.

Hague Convention Information

Marshall Islands is not a 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).

Although the “Compact of Free Association” between the Marshall Islands and the United States permits Marshallese citizens to travel to and live in the United States without a U.S. visa, this provision is not applicable to adopted children who will reside permanently with U.S. families in the United States. Prospective adoptive parents of Marshallese children must go through the appropriate Marshallese adoption procedures as well as the relevant U.S. immigration procedures related to adopted foreign orphans. Adopted Marshallese children who enter the United States without a visa may later have difficulties adjusting their U.S. immigration status and, eventually, acquiring U.S. citizenship.

Prospective adoptive parents should either plan to remain in the Marshall Islands for approximately four to five weeks before returning to the United States with the child or plan to make two separate trips, the first to complete the local adoption process and file the child’s Form I-600 petition and DS-260 immigrant visa application and the second to receive the approved immigrant visa for the child and bring him or her home. The U.S. Embassy in Manila, Philippines adjudicates and issues immigrant visas for children adopted in the Marshall Islands and delivers them to the U.S. Embassy in Majuro. Prospective adoptive parents should not make non-refundable travel plans prior to receiving all necessary documentation and immigrant visa(s) for the adopted child(ren). For more information, please see the ‘U.S. Immigrant Visa’ section below.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from the Marshall Islands, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determine 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 Marshall Islands:

Residency

The Government of the Marshall Islands has no specific requirement or policy regarding the citizenship or residency of foreign prospective adoptive parents

Age of Adopting Parents

Any person 18 or older can petition to adopt a child; however, the petitioner must be at least 15 years older than the child to be adopted.

Marriage

Under Marshallese law, both married couples and single individuals may adopt Marshallese children. Marshallese law does not permit same-sex couples or individuals in same-sex relationships to adopt.

Income

There is no minimum income requirement for adoptive parents.

Other

Prospective adoptive parents must have a home study completed by a U.S. state licensed adoption agency. This can be the home study that U.S. prospective adoptive parents submit to USCIS as part of their Form I-600A filing. The home study must include the following:

1. Educational background and future educational plans;

2. Employment history, current status and any changes in the foreseeable future;

3. Income history and future projections, if available;

4. History of prior marriages, if any, including the basis for divorce, the age and gender of each child, the history of child support for and current relationship with those children;

5. History of current marriage, age and gender of each child already in the home, and detailed report of any prior adoption experiences;

6. Participation in any civic or religious activity of prospective parents;

7. Nationwide criminal background search in the prospective adoptive parent'(s) country of residence or country of citizenship; and

8. Original child abuse records search.

Who Can Be Adopted

Marshall Islands has specific requirements that a child must meet in order to be eligible for adoption. You cannot adopt a child in Marshall Islands unless he or she meets the requirements outlined below.

Relinquishment: The Central Adoption Authority ("CAA"), a governmental office in the Ministry of Internal Affairs, oversees the adoption process. The CAA oversees the execution of an "Affidavit of Relinquishment of Parental Rights and Consent to Adoption and Emigration" by the birth parent(s). No final adoption hearing can occur until at least 30 days have elapsed since the signing of the Affidavit of Relinquishment. In most relinquishments, birth mothers do not identify the father and no male has claimed paternity of the child.

Abandonment: Under Marshallese law, "abandonment" means the failure to provide financial support for the child; or knowingly failing to provide a normal parent-child relationship with the child for a period of six or more months and deliberately failing to arrange for the provision of care and supervision of a child by another adult or adults who are willing and able to care for the child.

Age of Adoptive Child: No child 16 years of age or older may be adopted. The Court will consider the objection of a child 12 years of age or older to be controlling and the adoption will not proceed. A child under 12 years of age may object, however, the child's objection is not controlling. The Court will determine whether the adoption is in the child's best interest.

Sibling Adoptions: There are no specific eligibility requirements

Special Needs or Medical Conditions: There are no specific eligibility requirements.

Waiting Period or Foster Care: In relinquishment cases, the High Court hearing to petition for adoption may not occur before 30 days have passed since the birth parent(s) signed the Affidavit of Relinquishment.

How to Adopt

Adoption Authority

Marshall Islands’ Adoption Authority

Central Adoption Authority (“CAA”)

The Process

The process for adopting a child from Marshall Islands generally includes the following steps:

1. Choose an Adoption Service Provider
2. Apply to be Found Eligible to Adopt
3. Be Matched with a Child
4. Adopt or gain custody of the child in Marshall Islands
5. Apply for the child to be found eligible for orphan status
6. Bring Your Child Home

Marshall Islands also requires post-adoption reports. See the "After Adoption" section of this Country Information Sheet for more details.

1. Choose an Adoption Service Provider

The recommended first step in adopting a child from Marshall Islands 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.

2. Apply to be Found Eligible to Adopt

In order to adopt a child from Marshall Islands, you will need to meet the requirements of the Government of Marshall Islands and U.S. immigration law. You must submit an application to be found eligible to adopt with the CAA.

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 found eligible to adopt, and a child is available for intercountry adoption, the CAA in the Marshall Islands will provide you with a referral. 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 Marshall Islands’ requirements, as described in the Who Can Be Adopted section. The child must also meet the definition of orphan under U.S. immigration law.

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

The process for finalizing the adoption in Marshall Islands generally includes the following:

• Role of Adoption Authority: The CAA was established through the Adoptions Act of 2002. The CAA is in the Ministry of Internal Affairs and is responsible for the supervision of all adoption proceedings in the Marshall Islands. The duties of the CAA include:

1. Serving as a central receiving point for all referrals of children to be adopted;

2. Conducting background investigations of the birth parents.

3. Providing case management services to birth parents and children, including:

4. Birth parent counseling on options for effective parenting, including the possibility of traditional or intercountry adoption;

5. Pre-natal nutrition and medical referral services to the birth mother in cooperation with other government agencies, departments, or ministries, as appropriate;

6. Coordinating with licensed agencies to monitor the quality of applications, and providing a recommendation to the Court on individual applications;

7. For children whose consent to adoption is required, providing counseling to the child and providing a recommendation to the Court regarding the child’s wishes regarding adoption;

8. Monitoring post-adoption progress in coordination with the foreign agencies; and

9. Providing a resource to adoptive parents for post-adoption consultation on issues related to the adoption.

• Role of the Court: The High Court determines the eligibility of prospective adoptive parents based on submitted evidence required by the Adoptions Act of 2002 and issues the decree of final adoption. Prospective adoptive parents must petition the High Court for adoption. There is a hearing at which the prospective adoptive parent(s) must appear in person. If a husband and wife are adopting, both must appear.
• Role of Adoption Agencies: Adoption agencies interact with the CAA to match children with prospective adoptive parent(s). Adoption agencies must be licensed by a state or government licensing board and must be represented by a locally licensed lawyer to appear before the Court.
• Adoption Application: Prospective adoptive parents must petition the Court for adoption through referral from CAA.
• Time Frame: The U.S. Embassy in Majuro has indicated that Marshallese adoptions generally take four to five weeks to complete, from the parents’ arrival on the island to receipt of the child’s immigrant visa.
• Adoption Fees: Court costs are approximately $500. Certified copies of court documents are $5 and certified copies of birth certificates are $1. Expedited passport issuance costs $85. U.S. adoption service provider and local attorney fees vary. The U.S. Embassy in Majuro discourages the payment of any fees that are not properly receipted, including “donations” or “expediting” fees requested from prospective adoptive parents or their agents. Such fees may have the appearance of “buying” a baby and put all future adoptions in Marshall Islands at risk. Similarly, prospective adoptive parents and their agents should be mindful of whether any official, required fee has been exempted, and if so, who exempted the fees, and for what reason.
• Documents Required: The High Court requires the following in order to determine the eligibility and suitability of prospective adoptive parent(s) and issue a final adoption decree:

1. In cases where birth parent(s) can be located, their Affidavit of Relinquishment;

2. Certified copy of petitioner’s marriage certificate;

3. Certified copy of birth certificate of each petitioner;

4. Photocopy of each petitioner’s passport;

6. Doctor’s statement attesting to the physical and mental capability of the petitioners to adopt. NOTE: Additional documents may be requested.

• Authentication of Documents: The United States and the Marshall Islands are parties to the Hague Apostille Convention. U.S. public documents may be authenticated with apostilles by the appropriate U.S. Competent Authority.

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

After you finalize the adoption (or gain legal custody) in Marshall Islands, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the definition of orphan under U.S. immigration 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 Marshall Islands, you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate.

The adoptive parents take a copy of the adoption decree to the Marshall Islands vital records office at the Ministry of Internal Affairs, where the staff produces a new birth certificate within one business day.

2. Marshallese Passport

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

After the adoptive family receives a new birth certificate listing them as adoptive parents, the adoptive family applies for a Marshall Islands passport for the child at the Attorney General’s office, located in the Republic of the Marshall Islands Capitol building. New passports are usually produced within one business day.

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. This immigrant visa allows your child to travel home with you.

The U.S. Embassy in Majuro does not issue immigrant visas. The closest U.S. Embassy to the Marshall Islands that processes immigrant visas is in Manila, Philippines. The U.S. Embassy in Majuro can accept and review all required paperwork and forward it to the U.S. Embassy in Manila. As part of this process, the panel physician must complete the medical report and forward it to the U.S. Embassy in Majuro and the consular officer must see the child in person before the immigrant visa is issued.

NOTE: The adoptive parents and children do not have to travel to Manila to complete the U.S. immigrant visa application for the child.

Adoptive or prospective adoptive parents of Marshallese children should contact the U.S. Embassy in Majuro once they have completed all of the Marshall Islands’ required adoption procedures in order to process the necessary immigrant visa paperwork. The U.S. Embassy in Majuro will mail all necessary documentation to Manila for final visa adjudication. Please note that processing times for immigrant visas can take two to three weeks due to mailing times. Families need not travel to Manila directly, as petitioners may present all documents to the U.S. Embassy in Majuro, and the consular officer in Majuro may conduct their interviews in Majuro.

Adoptive families should take this into account and thus not make non-refundable travel plans to return to the United States.

You can find instructions for applying for an immigrant visa on the U.S. Embassy in Manila’s website.

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. Although the “Compact of Free Association” between Marshall Islands and the United States permits Marshallese citizens to travel to and live in the United States without a U.S. visa, this provision is NOT applicable to adopted children who will reside permanently with U.S. families in the United States.

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.

Traveling Abroad

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information