Adopting from Malawi

The official flag of Malawi.
Source: cia.gov.

Map of Malawi.
Source: cia.gov.

Map of Malawi.
Source: cia.gov.

Village boys in Malawi.
Source: Wikipedia.org.

A market in the capital city of Lilongwe.
Source: wikipedi.org.

Group of schoolchildren ready for lunch in a Malawi village.
Source: flickr.com.

A small village in Malawi.
Source: pixabay.com.

The Malawi highlands.
Source: flickr.com.

Downtown Lilongwe, Malawi.
Source: Wikipedia.org.

Women in the Salima district, Malawi.
Source: Wikipedia.org.

Hague Convention Information

Malawi is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(the 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 Malawi Adoption of Children Act of 1949 does not address intercountry adoptions and courts have wide discretion on how they handle adoptions. Although a May 9, 2009, Malawi Supreme Court decision gave courts more leeway in granting adoptions for foreign adoptive parents, the decision has not resulted in a permanent change to the country's intercountry adoption laws or regulations. The courts in Malawi assess each case individually, taking into consideration the circumstances of the prospective adoptive child. The May 9, 2009, Supreme Court decision did, however, set aside the requirement that prospective adoptive parents live in Malawi and foster a child for a period between 18 and 24 months before an adoption is granted.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Malawi, 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. 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 these U.S. requirements for prospective adoptive parents, Malawi also has the following requirements for prospective adoptive parents:

Residency

In a May 2009 Malawi Supreme Court decision, the Court determined that an adoption may be granted to foreign adopting parents so long as the parent(s) are not temporary visitors to Malawi and have a serious commitment or connection to Malawi. This decision effectively set aside the informal practice of requiring foreign adopting parents to foster the prospective orphan for a period of 18 months. (Note: this former practice was never set forth in Malawi law or regulation). While the Ministry of Gender, Child, and Community Development has not promulgated a written policy implementing the May 2009 Supreme Court decision, we have observed that lower court judges are issuing adoption decrees to foreign adopting parents which adhere to the Supreme Court decision.

Note: In all cases, prospective adoptive parent(s) should consult with an experienced Malawi attorney for more information.

Age of Adopting Parents

Prospective adoptive parent(s) must be at least 25 years old and at least 21 years older than the prospective adoptive child.

Marriage

Both married and single persons may adopt. An adoption order shall not be made in any case where the sole applicant is male and the child is a female unless the court is satisfied that there are special circumstances, which justify the exception.

Income

NONE

Other

No guidance or regulation regarding gay and lesbian adoption, and/or adoption by same-sex couples.

Who Can Be Adopted

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

1. 1. Relinquishment: Adoption cannot take place without the consent of every person who is a parent or guardian, has custody of, or is likely to contribute to the support of the prospective adoptive child.

Abandonment: If the birth parent(s) or other legal guardian(s) are unable to care for the child, the child may be classified as an orphan by Malawi authorities.

Age of Adoptive Child: The prospective adoptive child must be less than 18 years old. Please note that in order for a child to meet the definition of orphan under U.S. immigration law, a Form I-600 petition must be filed while the child is under the age of 16 (or under the age of 18 if adopted or to be adopted together with a natural sibling under the age of 16).

Sibling Adoptions: Adoption of twins is permissible. There are no specific laws or regulations that relate to the adoption of siblings.

Special Needs or Medical Conditions: None.

Waiting Period or Foster Care: There is no specific waiting period.

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 because of financial or other hardship, with the intention of returning for the child when they are able to do so. In such cases, the birth parent(s) rarely would have relinquished their parental rights or consented to their child(ren)'s adoption.

After Adoption

SOURCE

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