Adopting from Kenya

The official flag of Kenya.
Source: cia.gov.

Map of Kenya.
Source: cia.gov.

Map of Kenya.
Source: cia.gov.

A group of Maasai men showing their traditional "jumping dance".
Source: Wikipedia.org.

The official coat of arms of Kenya.
Source: Wikipedia.org.

Collage of Nairobi, Kenya.
Source: Wikipedia.org.

A Kikuyu woman in traditional dress.
Source: Wikipedia.org.

A tea plantation near Kericho in the Kenyan highlands.
Source: Wikipedia.org.

A Maasai woman, Kenya.
Source: Wikipedia.org.

Biashara Street in Mombasa, Kenya.
Source: Wikipedia.org.

Sunset over Tsavo East National Park, Kenya.
Source: Wikipedia.org.

Kenya Adoption Alert

Notice: New Kenyan Adoption Committee Formed (February 4, 2014)

The U.S. Embassy in Nairobi received confirmation from the Government of Kenya that the new Adoption Committee members have been named and confirmed. The Adoption Committee held its first session on January 29 and is now processing adoptions again. If you have additional questions on the processing of adoptions in Kenya, please contact the Office of Children’s Issues at askCI@state.gov.

Notice: Kenya Adoption Committee Disbanded (January 7, 2014)

The U.S. Embassy in Nairobi learned that the Kenyan Central Authority, the Adoption Committee, was disbanded, thereby impacting Kenya's ability to process intercountry adoptions. Processing of adoptions is, and will continue to be, delayed until the publication of the nomination of the new committee members. The Department of State understands that this event has triggered a number of inquiries from U.S. adoption service providers who want to learn how the disbandment will affect pending cases. The U.S. Embassy in Nairobi continues to press for clarification and will engage with the new committee once it resumes work. The Department will post any updates regarding this situation on adoption.state.gov as we receive information from the Kenyan authorities.

Hague Convention Information

Kenya 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 Kenya.

• U.S. prospective adoptive parents are reminded that Kenya’s Convention system places certain restrictions on intercountry adoptions. The key items to remember when considering adopting from Kenya are:

• U.S. citizens who have lived in Kenya for fewer than three continuous years are prohibited from completing domestic adoptions in Kenya. Instead, they must complete Convention intercountry adoptions.

• Prospective adoptive parents must work with a U.S. accredited adoption service provider that is also licensed in Kenya and partnered with a licensed Kenyan adoption society. However, because Kenyan adoption societies are responsible for recommending the placement of specific children with prospective adoptive parents to the Adoption Committee, prospective adoptive parents may not work directly with Kenyan adoption societies.

• Prospective adoptive parents are prohibited from adopting children they have previously met, unless the child is a direct blood relative.

• Only children who are at least two years old and declared eligible for adoption by a licensed Kenyan adoption society are eligible for intercountry adoption. Note: Children available for fostering in Kenya are generally in temporary need of care, and are usually not declared eligible for adoption. The U.S. Embassy in Nairobi strongly advises U.S. citizens living in Kenya against fostering children if their underlying intention is to adopt them.

• Kenyan procedures involve finalizing an adoption in Kenya. Prospective adoptive parents therefore should expect to finalize the adoption in Kenya and for the U.S. Embassy in Nairobi to only issue IH-3 visas to Kenyan children who are legally adopted in Kenya.

• Under Kenyan law, it is illegal to publish an advertisement indicating that a parent or guardian desires to place a child for adoption, that a person wishes to adopt a child, or that a person (who is not an adoption society) is willing to facilitate the adoption of a child.

NOTE: U.S. citizens who have been resident in Kenya for more than three years are encouraged to visit Nairobi.usembassy.gov for more information on requirements for domestic adoptions in Kenya.

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 Kenya, 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 Convention adoptee under U.S. law in order to immigrate to the United States on an IH-3 or IH-4 immigrant visa.

After Adoption

SOURCE

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