Adopting from Afghanistan

Hague Convention Information

Afghanistan is not 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).

The Afghan Civil Code governs the rights and interests of minors in Afghanistan. Islamic Shari’a law, upon which Afghanistan family law is largely based, does not allow for adoption of Afghan children in Afghanistan. Therefore, U.S. citizens considering adoption of an Afghan child must obtain guardianship for the purpose of emigration and adoption in the United States from the Afghan Family Court that has jurisdiction over the prospective adoptive child’s place of residence. It is important to note that according to Afghan laws, prospective adoptive parents who are non-Muslim may not be appointed guardians of Muslim children. Strong cultural ties to Afghanistan (dual Afghan-American nationality, for example) may favorably influence the court’s decision, but are not required.

Prospective adoptive parents may apply for a U.S. immigrant visa in cases where the Afghan Family Court grants guardianship of an orphan as defined under U.S. immigration law. The Afghan Family Court must specifically rule that the child is permitted to leave the jurisdiction of Afghanistan for the purpose of being adopted in the United States by the prospective parents. Prospective adoptive parents should refer to our country information sheet on Adoption of Children From Countries in which Islamic Shari'a Law is Observed for more information.

Who Can Adopt

In addition to U.S. immigration requirements, you must also meet the following requirements in order to adopt a child from Afghanistan:

Residency

Afghan law does not clearly state any residency requirements for prospective guardians.

Age of Adopting Parents

Afghan law does not clearly state any age requirements for prospective guardians.

Marriage

Afghan law does not clearly state any marriage requirements for prospective guardians.

Income

Prospective guardians must demonstrate to the Family Court that they have sufficient resources to educate and raise the child.

Other

Per Afghan laws, prospective parents who are non-Muslims may not be appointed as guardians of Muslim children. Prospective parents must demonstrate to the satisfaction of the Afghan Family Court judge that they intend to raise the child in accordance with Islamic tradition and norms.

In order to be eligible as a guardian, Afghan Civil Code states that the guardian must be righteous, meet all eligibility requirements, and be able to support the child. A person who has been convicted of crimes against public morality or chastity, has a bad reputation, does not have legitimate income, previously lost guardianship of the child by order of the court, has been denied guardianship in writing by the father or paternal grandfather of the child, or has any judicial dispute with the child’s family, may not be appointed guardian.

Prospective parents must comply with U.S. legal requirements in the I-600 process. U.S. citizens who are interested in adopting an Afghan child are strongly encouraged to contact U.S. Consular officials in Kabul before making any adoption plans to ensure that appropriate procedures are followed which will make it possible for the Embassy to issue a U.S. immigrant visa to the child.

Who Can Be Adopted

In addition to U.S. immigration requirements, Afghanistan has specific requirements that a child must meet in order to be eligible for adoption:

Relinquishment:The child’s biological father, if living, may relinquish the child, or the Afghan Family Court can designate a legal guardian to do so.

Abandonment: As determined by the Afghan Family Court.

Age of Adoptive Child: Guardianship terminates when the child reaches the age of 18.

Sibling Adoptions: None.

Special Needs or Medical Conditions: None.

Waiting Period or Foster Care: None.

Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are adoptable. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when this becomes possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to their child(ren)’s adoption.

In order to adopt a child from Afghanistan, a child must meet the definition of an orphan under U.S. law for you to bring him or her back to the United States. Find out more about Who Can Be Adopted and these U.S. requirements.

Prospective adoptive parents may petition the Afghan family court for guardianship of a specific child. However, obtaining legal guardianship under Afghan law does not automatically signify that a child is an orphan under U.S. law.

How to Adopt

Afghan's Adoption Authority

There is no central government adoption authority. Guardianship proceedings are handled by the Afghan Family Court.

The Process

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

1. Choose an adoption service provider
2. Identify a child to adopt
3. Apply to be found eligible to adopt
4. Gain guardianship of the child in Afghanistan
5. Apply for the child to be found eligible for orphan status
6. Bring your child home

1. Choose an Adoption Service Provider

The recommended first step in adopting a child from Afghanistan 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. Identify a Child to Adopt

If you are found eligible to adopt, and have identified a child who is in need of a guardian per Afghan law and meets the definition of orphan under U.S. law, you may petition the Afghan Family Court to obtain guardianship of that child. 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 Afghanistan’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.

3. Apply to be Found Eligible to Adopt

In order to adopt a child from Afghanistan, you will need to meet the requirements of the Government of Afghanistan and U.S. immigration law. In order to obtain guardianship of an Afghan child, you must file a guardianship petition with the Afghan Family Court.

Prospective guardians should appear in person at the Afghan Family Court in the province in which they were born (for U.S. citizens who were born in Afghanistan), or in the province in which the child is currently residing, to file a petition for guardianship of a particular child. A designated attorney can represent the prospective guardian in court. The court will consider the request and complete a community/background investigation. If the court approves the guardianship petition, the guardians and two witnesses will appear in person at the Family Court and a legal guardianship decree will be issued. Again, a designated attorney can represent the prospective guardians in court. The final guardianship decree can be obtained from the Family Court in approximately one week.

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.

4. Gain Legal Custody of Child in Afghanistan

The process for gaining legal custody in Afghanistan generally includes the following: Role of Adoption Authority: There is no central government adoption authority. Guardianship proceedings are filed in the Afghan family courts. Role of the Court: Prospective parents must petition the Afghan Family Court for guardianship. The court will issue a ‘wasiqa’ granting guardianship to the prospective parents. Role of Adoption Agencies: None. Adoption Application: An application for legal guardianship should be presented to the Afghan Family Court. The application can be obtained through the Family Courts. Time Frame: There is no specific time frame. Adoption Fees: There are minimal fees (less than USD $100) required to apply for legal guardianship and to have the guardianship decree translated into English and authenticated by the court. The current passport fee for a Afghan passport with five year validity is approximately USD $100. Documents Required: Prospective guardians or their attorney should consult the Family Court to determine what documents should be submitted with the guardianship petition.

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 (or gain legal custody) in Afghanistan, 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:

Birth Certificate

If you have been granted custody for the purpose of adopting the child in the United States, a new Afghan birth certificate will not be issued, even after you obtain legal guardianship of the child.  The original Afghan ‘tazkera’ will remain valid and will permanently list the biological father’s name.  The guardianship decree should be used in tandem with the Afghan ‘tazkera’ for any legal matters where a birth certificate and evidence of legal custody are required.

Afghan Passport

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

You can obtain an Afghan passport for your child at the Passport Office in Kabul or at the office in your or the child’s home province. You should submit the child’s original Afghan ‘tazkera’ and the guardianship decree with the passport application. The fee for a five year validity passport is approximately USD $100 and it takes approximately one to two weeks to process.

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 U.S. Embassy in Kabul.  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 Kabul’s website.

The prospective adoptive child must be the beneficiary of an approved Form I-600 petition before an immigrant visa may be issued. Prospective adoptive parents who have a valid, approved Form I-600A may file their Form I-600 either in the United States with USCIS’s National Benefits Center or in person at the U.S. Embassy in Kabul. Contact the Embassy in Kabul at KabulIV@state.gov to schedule an immigrant visa interview for your prospective adoptive child.

A Form I-604 Determination on Child for Adoption (sometimes informally referred to as an orphan investigation) is required in all orphan adoption cases, even if a Form I-600 petition has been approved, and serves to verify that the child is an orphan as defined by U.S. immigration law. Generally, the Form I-604 is initiated after the prospective adoptive parent(s) file their Form I-600 petition. Depending upon the circumstances of the case, it can take several months for the I-604 to be completed. Adoptive parents are advised to have flexible travel plans while awaiting the results of the I-604 investigation.

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.

After Adoption

SOURCE

Intercountry Adoption. Bureau of Consular Affairs. U.S. Department of State. Country Information. [1] Last updated July 2013