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.

Who Can Be Adopted

Because Burundi is party to The Hague Adoption Convention, children from Burundi] must meet the requirements of the Convention in order to be eligible for adoption. For example, the adoption may take place only if the competent authorities of Burundi have determined that placement of the child within Burundi] has been given due consideration and that an intercountry adoption is in the child’s best interests. In addition to Burundi’s requirements, a child must meet the definition of Convention adoptee to be eligible for an immigrant visa that will allow you to bring him or her to the United States.

Burundian adoption law specifies that local adoption by Burundian nationals, including dual U.S.-Burundian citizens, is preferred. Preference is given to Burundian nationals resident in Burundi. However, if no such adoption is available for a child, intercountry adoption is possible. The law does not specify what efforts must be made or how much time must elapse to determine that the child could not be placed with Burundian nationals.

ELIGIBILITY REQUIREMENTS:

RELINQUISHMENT: Consent to adoption must be given by either birth parents or the legal guardian(s). The consent of only one parent, or legal guardian, is accepted when the other parent is deceased or incapable of giving consent. Birth parents, or legal guardians can withdraw consent for a period of three months or until the child is placed with prospective adopting parents.

ABANDONMENT: The local High County Court can deem a child “abandoned” if the child was obviously neglected by the biological parent(s) for a period of more than one year.

AGE OF ADOPTIVE CHILD: Children under age 15 are eligible for adoption. Children aged 13 or older must consent to the proposed adoption.

SIBLING ADOPTIONS: Not addressed in Burundian law.

SPECIAL NEEDS OR MEDICAL CONDITIONS: Not addressed in Burundian law.

WAITING PERIOD OR FOSTER CARE: Burundian law only specifies a waiting period in cases of relinquishment and abandonment. An abandoned newborn cannot be adopted until he/she reaches one-year old, unless consent was given by the biological parents in advance so that the government knows that the child is abandoned for adoption at birth.

After Adoption

SOURCE

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