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Adopting from South Sudan
Source: Wikipedia.org.
Source: cia.gov.
Source: cia.gov.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: flickr.com.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: flickr.com.
Source: flickr.com.
Source: flickr.com.
Contents
Hague Convention Information
The Republic of South Sudan 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 2008 Child Act of Southern Sudan provides a legal framework for adoption in the newly-independent South Sudan. Prospective adoptive parents are cautioned, however, that the lack of judicial resources in South Sudan may mean that any adoption or custody decree issued by courts in South Sudan may be insufficient for the purposes of U.S. immigration petitions.
U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
To bring an adopted child to the United States from the Republic of South Sudan, 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 the Republic of South Sudan:
Residency
Foreigners seeking adoption of a child in South Sudan must show three years residency in South Sudan. The Child Act of 2008 does not address whether residency requirements would apply for prospective adoptive parents that may hold South Sudanese citizenship but do not live in South Sudan.
Age of Adopting Parents
Prospective adoptive parents must be at least 25 years old and at least 21 years older than the child adopted. If married, at least one person must be at least 25 years old.
Marriage
Prospective adoptive parents may be single or married. Adoption of a child of the opposite sex by a single prospective adoptive parent is prohibited, unless justified by special circumstances by the court. South Sudan law prohibits adoption by “homosexual or lesbian” individuals or couples.
Income
The prospective adoptive parent(s) must satisfy the court that they have sufficient livelihood to care for the child.
Other
Adoption is prohibited if one or both, if married, of the prospective adoptive parents are not of sound mind, or has been charged and convicted of a criminal offense.
Who Can Be Adopted
In addition to U.S. immigration requirements, the Republic of South Sudan has specific requirements that a child must meet in order to be eligible for adoption:
ELIGIBILITY REQUIREMENTS:
RELINQUISHMENT: Adoption orders may be issued for any child in South Sudan, even if the child was not born in South Sudan. Written consent must be given by the birth mother after the birth of the child, the birth father, legal guardian, or any other person responsible for the child by virtue of any order or agreement to contribute to the maintenance of the child. The court may also require the consent of any person that may have rights or obligations with respect to the child under customary laws. The court may not require such consents if it is satisfied that the individual cannot be found, is incapable of providing consent, or has persistently neglected or ill-treated the child.
ABANDONMENT: No requirements specified.
AGE OF ADOPTIVE CHILD: If the child is at least 10 years old, they must consent to the adoption. If under the age of 10, the opinion of the child on the adoption may be taken into consideration.
SIBLING ADOPTIONS: No requirements specified.
WAITING PERIOD OR FOSTER CARE: Foreigners seeking to adopt a child in South Sudan must have fostered the child for at least one year prior to filing an adoption application. The child must be declared available for adoption in order for a court to issue an adoption or custody decree. 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 South Sudan. 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 South Sudan, 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 South Sudan, 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