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:

1. 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.
2. Abandonment: As determined by the Afghan Family Court.
3. Age of Adoptive Child: Guardianship terminates when the child reaches the age of 18.
4. Sibling Adoptions: None.
5. Special Needs or Medical Conditions: None.
6. 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.

After Adoption

SOURCE

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