Adopting from Burundi

Hague Convention Information

Burundi is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Intercountry adoption processing in Hague countries is done in accordance with the requirements of the Convention; the U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA); and the IAA’s implementing regulations, as well as the implementing legislation and regulations of Burundi.

Burundian courts may issue guardianship orders, but not for the purpose of immigrating to the United States for adoption. Prospective adoptive parents therefore should expect to finalize the adoption in Burundi and for the U.S. Embassy in Nairobi to only issue IH-3 visas to Burundian children who are legally adopted in Burundi.

NOTE: Special transition provisions apply to adoptions initiated before April 1, 2008. Read about Transition Cases.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Burundii, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who is eligible to adopt under U.S. immigration law. Additionally, a child must meet the definition of Convention adoptee under U.S. law in order to immigrate to the United States on an IH-3 immigrant visa.

Who Can Adopt

In addition to U.S. requirements, Burundi obliges prospective adoptive parents to meet the following requirements to adopt a child from Burundii:

Residency

There is no residency requirement in Burundian adoption law.

Age of Adopting Parents

Prospective adoptive parents must be at least age 30. The minimum age does not apply when adopting the child of a spouse. Prospective adoptive parents must be at least 15 years older than the prospective adoptee(s). Age requirements may be waived by the local High County Court (Tribunal de Grand Instance) with jurisdiction over the adoption.

Marriage

Spouses may apply for adoption after being married for a minimum of five years. Spouses should not be separated, and both must give consent unless one is incapable of giving consent. Although Burundian adoption law is silent on the issue of same-sex couples and adoption, in practice, singles and unmarried partners are not allowed to adopt.

Income

Prospective adoptive parents must demonstrate sufficient material resources for adoption and support of the children.

Other

The presence of biological children in the home does not prevent prospective adoptive parents from adopting.

After Adoption

SOURCE

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