Adopting from Namibia
Contents
Hague Convention Information
Namibia 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).
A 2007 Namibian High Court ruling makes intercountry adoption possible. However, there is no specific law governing adoptions in Namibia. Intercountry adoption is covered by the Ministry of Gender Equality and Child Welfare pursuant to The Children’s Act of 1960. Currently, it is very difficult for non-resident foreigners to adopt. In general, only foreigners residing in Namibia have been allowed to adopt Namibian children. Further, the list of prospective adoptive parents for Namibia exceeds the list of children eligible for intercountry adoption, making adoption by non-resident foreigners an even more difficult and lengthy process.
Intercountry adoption in Namibia is legal but bureaucratically complex. At a minimum, it involves approval from the Ministry of Gender Equality and Child Welfare and a final court order recognizing the adoption. Close coordination with the Ministry of Home Affairs and Immigration is also required. Each intercountry adoption in Namibia is handled according to its unique circumstances; specific steps, and the order in which they occur, may vary from case to case.
U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
To bring an adopted child to the United States from Namibia, 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. 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 Namibia:
Residency
While there are no legal residency requirements, few non-resident U.S. citizens have successfully adopted Namibian children.
Age of Adopting Parents
Prospective adoptive parent(s) must be at least 25 years of age and at least 15 years older than the prospective adoptive child.
Marriage
Married couples may adopt jointly, or one spouse may adopt the other spouse’s child. Single people, including those who are widowed, separated, or divorced, may also adopt.
Income
There is no set income requirement. As part of the evaluation process for prospective parents, the Ministry of Gender Equality and Child Welfare will make a determination regarding the parents’ ability to financially support the child.
Other
The only successful adoptions by U.S. citizens in recent years were ones where either (1) one or both of the parents were Namibian citizens or former Namibian citizens, or (2) the parents were long-term residents of Namibia who maintained care and custody of the adopted child in Namibia for a period exceeding two years.
Who Can Be Adopted
In addition to U.S. immigration requirements, Namibia has specific requirements that a child must meet in order to be eligible for adoption:
Relinquishment: The social worker must present proof to the Children’s Court (also known as Family Court) that the prospective adoptive child’s birth parents are not able to care for him/her and consent to the adoption. The social worker must also present proof to the court that no family member or relative is able to adopt the child, and that no other domestic placement is possible. The length of this process will vary from case to case. The court must be satisfied that the adoption is in the best interest of the child. If the child is ten years of age or older, he or she must consent to the proposed adoption.
Abandonment/Death of Parents: A child whose parents are both deceased, or who has been abandoned, is available for adoption. In the case of the parents’ death, government-issued death certificates must be obtained. If the child has been abandoned, evidence of abandonment will be required.
Age of Adoptive Child: The prospective adoptive child must be younger than age 18. 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 sibling under the age of 16).
Sibling Adoptions: The Ministry of Gender Equality and Child Welfare strongly advocates that siblings remain together and be adopted by the same family.
Special Needs or Medical Conditions: All children must undergo a medical examination, after which the social worker will assess suitability for adoption. If approved for adoption by the social worker, the Ministry of Gender Equality and Child Welfare matches the child with prospective adoptive parents. There are no additional procedures for children with special needs, other than identifying their condition in the medical report.
Waiting Period or Foster Care: The length of the process depends on how long the investigation by the social worker takes, whether the prospective adoptive parents submitted all required documents to the Children’s Court, when the next available court date is, and whether the birth parents are also available to attend the hearing.
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.
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 Namibia. 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 Namibia, 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 Namibia, registration assists the U.S. Embassy or Consulate in reaching you. Registration is free and can be done online.
After Adoption
SOURCE
Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information