Adopting from Djibouti

Hague Convention Information

Djibouti 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).

Adoption in Djibouti is a complicated, time consuming process with many legal hurdles. There are no adoption agencies to facilitate the process. Many legal procedures must be completed in-person, and in French or Somali. There is no clear, uniform adoption procedure. Generally, only non-Djiboutian children considered to be abandoned in Djibouti are available for adoption; and even in these cases, restrictions abound. Djiboutian children can be adopted only in very exceptional cases (mostly by family members), and at the discretion of the Djiboutian government. Adoption in Djibouti is divided into two types: simple and plénier. Simple adoption is when someone cares for the child as his/her own, but the child’s name is not changed and the biological parents retain parental rights. A plénier adoption is when the biological parents irrevocably relinquish parental rights and the child’s last name is changed to match the adoptive parents. For the purposes of U.S. immigration law, a plénier adoption is required.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Djibouti, 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 Djibouti:

1. 1. RESIDENCY :
   2. AGE OF ADOPTING PARENTS:## MARRIAGE: ## INCOME: ## OTHER:

Residency

Prospective adoptive parents must be physically present in Djibouti at the time of the proposed adoption, but need not be residents. The child must be both physically present and a resident of Djibouti.

Age of Adopting Parents

Prospective adoptive parents must be at least 25 years of age and must be at least 15 years older than the child. If the prospective adoptive parent is a relative, he/she need only be 21 years old. The prospective adoptive parent(s) must also be morally and physically sound, as determined by the Government of Djibouti.

Marriage

Prospective adoptive parents do not need to be married in order to complete the adoption process. Lesbian, gay, bi-sexual, transgendered, or intersex (LGBTI) individuals adopting as individuals or couples are not eligible to adopt in Djibouti.

Income

Djiboutian law does not stipulate any specific income requirements; only that prospective adoptive parents should demonstrate that they have a steady, monthly income.

Other

Djiboutian Sharia law only allows for adoption of Djiboutian national children within a family or clan. Adoption of Djiboutian children by non-family members is not permitted. It is unclear whether the Government of Djibouti would allow non-Muslim prospective parents to adopt a child that was born to Muslim biological parents - this has been historically prohibited.

After Adoption

SOURCE

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