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Adopting from Nigeria
Source: cia.gov.
Source: cia.gov.
Source: cia.gov.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: flickr.com.
Source: flickr.com.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: flickr.com.
Contents
Nigeria Adoption Alert
Notice: Adoption Notice for Nigeria (April 26, 2013)
Adoption and guardianship decrees from Nigerian states that lack adoption laws, and adoptions by persons of non-Nigerian heritage, may not be allowable under Nigerian law or acceptable for purposes of U.S. immigration.
The Department of State is aware of instances in which U.S. citizens have sought or are seeking to pursue adoptions in Nigerian states that lack adoption laws. These states include all northern states, with the exception of Plateau State and Nasarawa State. It is unclear whether any adoption or guardianship orders originating in these states can legally occur. Therefore, such orders presented to the U.S. Consulate General in Lagos, as part of an adoption petition filing or visa application, will likely require further investigation. More information on adoption investigations conducted by the U.S. Consulate General, including approximate wait times, can be found here.
Adoption laws in Nigeria are complex. Even in states in which adoption laws exist, specific requirements can differ from state to state. All Nigerian states that have adoption laws require the prospective adoptive parent(s) to be a Nigerian citizen. As a result, adoptions by non-Nigerians may not be acceptable for purposes of U.S. immigration.
The Department advises U.S. citizens interested in pursuing an adoption from Nigeria to research U.S. immigration laws and the relevant Nigerian federal and state laws and procedures by consulting with a reputable, licensed agency or experienced facilitator in the United States, and with the appropriate state social welfare office (usually named the State Ministry of Women’s or Family Affairs) in Nigeria.
Notice: Adoption Notice for Nigeria (January 29, 2013)
Adoption and guardianship decrees from Nigerian states that lack adoption laws, and adoptions by persons of non-Nigerian heritage, may not be allowable under Nigerian law or acceptable for purposes of U.S. immigration.
The Department of State is aware of instances in which U.S. citizens have sought or are seeking to pursue adoptions in Nigerian states that lack adoption laws. These states include all northern states, with the exception of Plateau State and Nasarawa State. It is unclear whether any adoption or guardianship orders originating in these states can legally occur. Therefore, such orders presented to the U.S. Consulate General in Lagos, as part of an adoption petition filing or visa application, will likely require further investigation. More information on adoption investigations conducted by the U.S. Consulate General, including approximate wait times, can be found here.
Adoption laws in Nigeria are complex. Even in states in which adoption laws exist, specific requirements can differ from state to state. All Nigerian states that have adoption laws, with the sole exception of Lagos State, require the prospective adoptive parent(s) to be of Nigerian heritage. As a result, non-Nigerians are not allowed to adopt in most states.
The Department advises U.S. citizens interested in pursuing an adoption from Nigeria to research U.S. immigration laws and the relevant Nigerian federal and state laws and procedures by consulting with a reputable, licensed agency or experienced facilitator in the United States, and with the appropriate state social welfare office (usually named the State Ministry of Women’s or Family Affairs) in Nigeria.
Hague Convention Information
Nigeria 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).
Individuals who are not Nigerian citizens are not legally allowed to adopt in Nigeria. When a married couple is adopting, both must be Nigerian citizens. Only U.S. citizens who also have Nigerian citizenship are allowed to adopt children in Nigeria. Nigerian adoption laws are complex and vary from state to state. At the national level, adoptions are regulated by the Nigerian Child Rights Law or the Adoption Act of 1965. Depending on where the adoption takes place, the specific law and regulations governing the adoption may differ.
In general, prospective adoptive parents who intend to adopt a specific child must first obtain temporary custody of the child. Prospective adoptive parents are advised to obtain information on adopting in individual states through the state social welfare office. Please note that the only legal way to do an adoption in Nigeria is to work with the respective state social welfare office (usually named the State Ministry of Women's or Family Affairs). Prospective adoptive parents should not attempt to process their adoption through local officials who may attempt to circumvent the legal process. Adoption decrees must state that they are full and final in order for an immigrant visa to be issued to the child. The U.S. Consulate General in Lagos (U.S. Consulate) only issues IR3 classification immigrant visas. Oftentimes, adoption decrees from Nigerian courts put stipulations on the adoption, such as not allowing the child to travel beyond the jurisdiction of the court or requiring periodic visits to the child by the social welfare office of the respective Nigerian state. These stipulations may prevent the consular officer from issuing an immigrant visa or cause a delay in the processing of the immigrant visa.
Prospective adoptive parents must be available to be questioned in court by the magistrate considering the adoption. Proxy adoptions are not valid in Nigeria. Adoptive parents who complete adoptions by proxy without fulfilling state requirements risk having their I-600 petitions returned to USCIS for revocation.
Document and identity fraud related to adoptions is a serious concern in Nigeria. The U.S. Consulate requires that most adoptions be investigated in person in the state where the adoption took place to verify the authenticity of the information provided in the adoption decrees and I-600 petitions. For security reasons, U.S. government personnel are frequently restricted from traveling to certain parts of the country. As a result, investigations and the in-country visa application and approval process can cause adoption processing in Lagos to take six to 12 months to complete, after the initial approval of the I-600 by U.S. Citizenship and Immigration Services (USCIS).
U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
To bring an adopted child to the United States from Nigeria, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines 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 Nigeria:
Residency
Nigerian law requires that a parent-child relationship be established before the court decision can be considered final. Each state determines the length of time it takes to establish the parent-child relationship, which can range from a few months to two years.
Age of Adopting Parents
Age of Adopting Parents: In Abia, Akwa-Ibom, Anambra, Bayelsa, Cross River, Ebonyi, Enugu, Imo and Rivers, prospective adoptive parents must be at least 25 years of age and 21 years older than the child. For married couples, at least one parent must meet the age requirements.
Marriage
Both single individuals and married couples may adopt. Note that a single person will not be allowed to adopt a child of the opposite sex except in extraordinary circumstances. In most states, married couples must adopt jointly. If married, both members of the couple must be Nigerian citizens. In the case of single-parent adoption, only the adopter’s name should be listed on the Nigerian birth certificate and the other parent’s name should be left blank. Lesbian, gay, bisexual and transgender (LGBT) individuals or married same-sex couples in the United States who are known by the Nigerian court to be LGBT may not be able to adopt children from Nigeria. It is unclear whether the Government of Nigeria and Nigerian law permit such adoptions at present; if it passes, a proposed bill will explicitly prohibit adoptions by LGBT parents in Nigeria.
Income
Nigeria does not have any income requirements for intercountry adoptions.
Other
Nigerian law states that non-Nigerians may not adopt in Nigeria. While the law is sometimes inconsistently applied, the U.S. Consulate strongly advises that non-Nigerian citizens are not eligible to adopt children from Nigeria. U.S. citizens who adopt in Nigeria without having Nigerian citizenship risk having their I-600 petitions returned to USCIS for revocation.
Who Can Be Adopted
In addition to U.S. immigration requirements, Nigeria has specific requirements that a child must meet in order to be eligible for adoption:
Relinquishment: Adoptions of children who are allegedly relinquished by their parent, who is still living, are subject to investigation as the U.S. Consulate has found that parents in Nigeria may relinquish their children to relatives living in the United States strictly in order to afford the children the ability to immigrate to the United States.
Abandonment: Abandonment of a child in Nigeria is often poorly documented and may require a full investigation by the U.S. Consulate to confirm the abandonment.
Age of Adoptive Child: According to Nigerian law, a child must be below the age of 16 (according to the Adoption Act of 1965) or 17 (according to the Child Rights Law) in order to be adopted. The specific law governing the adoption will depend on the jurisdiction in which the adoption takes place. Important note: U.S. law requires a child to be under the age of 16 at the time the petition is filed to qualify for a U.S. immigrant visa, unless the child is the natural sibling of another child who was adopted by the same parents while under the age of 18.
Sibling Adoptions: There are no specific guidelines regarding adopting siblings in Nigeria.
Special Needs or Medical Conditions: Adoption decrees issued in Nigeria will generally specify any special needs or address the general health of the child to be adopted. The U.S. home study should match any specifications of special needs that are observed by the Nigerian court.
Waiting Period or Foster Care: Prospective adoptive parents must have physical and temporary legal custody of the adoptive child for at least three consecutive months immediately prior to petitioning the court for an adoption decree. An applicant cannot have the child reside with another family member in lieu of living with the applicant, even if a Power of Attorney is in effect. The U.S. Consulate has seen waivers issued to parents who claimed to the court that meeting this requirement was a burden.
Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are eligible for adoption. 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 it becomes possible. In such cases, the birth parent(s) have not relinquished their parental rights or consented to their child(ren)’s adoption. In Nigeria, many orphanages or organizations claiming that they arrange adoptions are for-profit enterprises which operate without licensing or oversight. The U.S. Consulate advises all prospective adoptive parents to get clear information about any orphanage or adoption agency in Nigeria before entering into an adoption process with the organization.
How to Adopt
Adoption Authority
The Process
Traveling Abroad
Applying for Your U.S. Passport
A valid U.S. passport is required to enter and leave Nigeria. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print-all in one place.
Obtaining Your Visa
In addition to a U.S. passport, you also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are attached to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Nigeria, see the Department of State's Country Specific Information.
Staying Safe on Your Trip
Before you travel, it's always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The State Department is a good place to start. The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.
Staying in Touch on Your Trip
When traveling during the adoption process, we encourage you to register your trip with the Department of State. Travel registration makes it possible to contact you if necessary. Whether there's a family emergency in the United States, or a crisis in Nigeria, registration assists the U.S. Embassy or Consulate in reaching you. Registration is free and can be done online.
After Adoption
What resources are available to assist families after the adoption?
Many adoptive parents find it important to find support after the adoption. Take advantage of all the resources available to your family -- whether it's another adoptive family, a support group, an advocacy organization, or your religious or community services.
Here are some good places to start your support group search:
Child Welfare Information Gateway
North American Council on Adoptable Children
Adoption Services Support Group for Adopting Persons
SOURCE
Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information