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Adopting from Namibia
Source: cia.gov.
Source: cia.gov.
Source: cia.gov.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: flickr.com.
Source: Wikipedia.org.
Source: flickr.com.
Source: flickr.com.
Source: Wikipedia.org.
Source: flickr.com.
Contents
Hague Convention Information
Namibia is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the 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).
A 2007 Namibian High Court ruling makes intercountry adoption possible. However, there is no specific law governing adoptions in Namibia. Intercountry adoption is covered by the Ministry of Gender Equality and Child Welfare pursuant to The Children’s Act of 1960. Currently, it is very difficult for non-resident foreigners to adopt. In general, only foreigners residing in Namibia have been allowed to adopt Namibian children. Further, the list of prospective adoptive parents for Namibia exceeds the list of children eligible for intercountry adoption, making adoption by non-resident foreigners an even more difficult and lengthy process.
Intercountry adoption in Namibia is legal but bureaucratically complex. At a minimum, it involves approval from the Ministry of Gender Equality and Child Welfare and a final court order recognizing the adoption. Close coordination with the Ministry of Home Affairs and Immigration is also required. Each intercountry adoption in Namibia is handled according to its unique circumstances; specific steps, and the order in which they occur, may vary from case to case.
U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
To bring an adopted child to the United States from Namibia, 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. 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 Namibia:
Residency
While there are no legal residency requirements, few non-resident U.S. citizens have successfully adopted Namibian children.
Age of Adopting Parents
Prospective adoptive parent(s) must be at least 25 years of age and at least 15 years older than the prospective adoptive child.
Marriage
Married couples may adopt jointly, or one spouse may adopt the other spouse’s child. Single people, including those who are widowed, separated, or divorced, may also adopt.
Income
There is no set income requirement. As part of the evaluation process for prospective parents, the Ministry of Gender Equality and Child Welfare will make a determination regarding the parents’ ability to financially support the child.
Other
The only successful adoptions by U.S. citizens in recent years were ones where either (1) one or both of the parents were Namibian citizens or former Namibian citizens, or (2) the parents were long-term residents of Namibia who maintained care and custody of the adopted child in Namibia for a period exceeding two years.
Who Can Be Adopted
In addition to U.S. immigration requirements, Namibia has specific requirements that a child must meet in order to be eligible for adoption:
Relinquishment: The social worker must present proof to the Children’s Court (also known as Family Court) that the prospective adoptive child’s birth parents are not able to care for him/her and consent to the adoption. The social worker must also present proof to the court that no family member or relative is able to adopt the child, and that no other domestic placement is possible. The length of this process will vary from case to case. The court must be satisfied that the adoption is in the best interest of the child. If the child is ten years of age or older, he or she must consent to the proposed adoption.
Abandonment/Death of Parents: A child whose parents are both deceased, or who has been abandoned, is available for adoption. In the case of the parents’ death, government-issued death certificates must be obtained. If the child has been abandoned, evidence of abandonment will be required.
Age of Adoptive Child: The prospective adoptive child must be younger than age 18. Please note that in order for a child to meet the definition of orphan under U.S. immigration law, a Form I-600 petition must be filed while the child is under the age of 16 (or under the age of 18 if adopted, or to be adopted, together with a sibling under the age of 16).
Sibling Adoptions: The Ministry of Gender Equality and Child Welfare strongly advocates that siblings remain together and be adopted by the same family.
Special Needs or Medical Conditions: All children must undergo a medical examination, after which the social worker will assess suitability for adoption. If approved for adoption by the social worker, the Ministry of Gender Equality and Child Welfare matches the child with prospective adoptive parents. There are no additional procedures for children with special needs, other than identifying their condition in the medical report.
Waiting Period or Foster Care: The length of the process depends on how long the investigation by the social worker takes, whether the prospective adoptive parents submitted all required documents to the Children’s Court, when the next available court date is, and whether the birth parents are also available to attend the hearing.
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.
How to Adopt
Adoption Authority
Namibia’s Adoption Authority
The Ministry of Gender Equality and Child Welfare
The Process
The process for adopting a child from Namibia generally includes the following steps:
- Choose an adoption service provider
- Apply to be found eligible to adopt
- Be matched with a child
- Adopt the child in Namibia
- Apply for the child to be found eligible for orphan status
- Bring your child home
1. Choose an Adoption Service Provider
The recommended first step in adopting a child from Namibia is to decide whether or not to use a licensed adoption service provider in the United States that can help you with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. The Department of State provides information on selecting an adoption service provider on its website.
There are no adoption agencies in Namibia. The Ministry of Gender Equality and Child Welfare has issued licenses to private and state social workers to assist adoptive parents in finding a child and doing the paperwork for the adoption. Prospective adoptive parents must be screened by private or state social workers to determine whether they are eligible to adopt.
The U.S. Embassy in Namibia maintains a list of attorneys who practice in Namibia and may be able to assist in adoption cases.
2. Apply to be Found Eligible to Adopt
In order to adopt a child from Namibia, you will need to meet the requirements of the Government of Namibia and U.S. immigration law. You must submit an application to Ministry of Gender Equality and Child Welfare of Namibia and be found eligible to adopt.
To complete the application, the prospective adoptive parents must work with a local social worker, who will interview and assess them. The assessment is done through a series of interview sessions and home visits.
To meet U.S. immigration requirements, you may also file an I-600A, Application for Advance Processing of an Orphan Petition with U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services to be found eligible and suitable to adopt.
3. Be Matched with a Child
If you are eligible to adopt, and a child is available for intercountry adoption, the Ministry of Gender Equality and Child Welfare will provide you with a referral. Each family must decide for itself whether or not it will be able to meet the needs of and provide a permanent home for a particular child.
The child must be eligible to be adopted according to Namibia’s requirements, as described in the Who Can Be Adopted section. The child must also meet the definition of an orphan under U.S. immigration law.
4. Adopt Child in Namibia
The process for finalizing the adoption in Namibia generally includes the following:
- Role of Adoption Authority: The Ministry of Gender Equality and Child Welfare is the government agency directly involved with the adoption of Namibian children and is the correspondent agency for International Social Services. The Ministry registers all adoptions, handles intercountry adoption inquiries, and ensures that both the prospective parents and the prospective adoptive child meet all adoption requirements prior to the court granting legal custody of the prospective adoptive child to the prospective adoptive parents for the purpose of adoption (either in Namibia or abroad).
- Role of the Court: The family court issues the final Order of Adoption recognizing the adoptive parent(s) as the parents of the child.
- Role of Adoption Agencies: There are no adoption agencies in Namibia. However, individual private and state social workers have been given licenses by the Ministry of Gender Equality and Child Welfare to provide adoption services. Private social workers charge a fee for these services; state social workers do not.
- Adoption Application: Initial applications and inquiries should be made with the Ministry of Gender Equality and Child Welfare.
- Time Frame: The time required to complete the adoption process will vary greatly depending on the complexity and circumstances of the case. Once the Ministry of Gender Equality and Child Welfare identifies and approves a child for adoption, the Children’s Court (also known as Family Court) will issue an Order of Adoption and send it to the Ministry to be recorded in the Register of Adoptions. After the Order of Adoption is registered with the Ministry, it is then issued to the adoptive parents, usually within two to four months.
- Adoption Fees: The Government of Namibia has not published set fees for the processing of intercountry adoptions. As noted, the processing of intercountry adoptions is extremely rare in Namibia, and is done on a case-by-case basis.
- Documents Required: During the assessment process, the social worker reviews:
- 1. Identity documents
- 2. Marriage certificate (if married)
- 3. Police clearance
- 4. Medical certificate
- 5. Psychological assessment report
- 6. Written testimonials from friends and/or acquaintances, and
- 7. Pay slips. NOTE: Additional documents may be requested.
- Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. If so, the Department of State, Authentications Office may be able to assist.
5. Apply for the Child to be Found Eligible for Orphan Status
After you finalize the adoption (or gain legal custody) in Namibia, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the definition of orphan under U.S. law. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative.
6. Bring Your Child Home
Once your adoption is complete (or you have obtained legal custody of the child), you need to apply for several documents for your child before you can apply for a U.S. immigrant visa to bring your child home to the United States. Note: Please see special note on passports below before proceeding.
- 1. Birth Certificate
If you have finalized the adoption in Namibia, you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate.
If you have been granted custody for the purpose of adopting the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name.
Birth Certificates will be obtained or amended by the Ministry of Home Affairs and Immigration:
Cohen Building (corner of Casino and Independence Avenues) Windhoek, Namibia Tel: 264+61+292-2111 Fax: 264+61+292-2185
- 2. Namibian Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Namibia.
Passports may be obtained from the Ministry of Home Affairs and Immigration:
Cohen Building (corner of Casino and Independence Avenues) Windhoek Tel: 264+61+292-2111 Fax: 264+61+292-2185
Special Note on Passports: In some cases, once a child has been legally adopted in Namibia by non-Namibian parents, and has been issued a new birth certificate (as required by law) to recognize that legal change, the child may have difficulty getting a Namibian passport. (The child will not yet be eligible for a U.S. passport.)
It is highly recommended in any intercountry adoption to coordinate closely with the Ministry of Home Affairs and Immigration and seek issuance of a Namibian passport for your prospective adoptive child before completing the adoption proceedings and obtaining your child’s new or amended birth certificate.
- 3. U.S. Immigrant Visa
The U.S. Embassy in Namibia does not conduct immigrant visa interviews or make decisions in immigrant visa cases. All immigrant visa applications for citizens of Namibia, including adopted children, are adjudicated by the U.S. Consulate General in Johannesburg, South Africa. The U.S. Embassy in Namibia will accept and forward applications submitted by prospective adoptive parent(s).
After you obtain the new birth certificate and passport for your child and have filed Form I-600, Petition to Classify Orphan as an Immediate Relative, you then need to apply for a U.S. immigrant visa for your child from the U.S. Consulate in Johannesburg. This immigrant visa allows your child to travel home with you. As part of this process, the Consular officer must be provided the Panel Physician’s medical report on the child.
NOTE: You must have an approved Form I-600 petition before an IR-3 or IR-4 immigrant visa may be issued. You may file your Form I-600 petition with USCIS domestically, or in person at the U.S. Embassy in Namibia, provided you have a valid, approved Form I-600A on record. Form I-600 petitions filed at the U.S. Embassy in Namibia will be forwarded to the USCIS office located at the U.S. Consulate General in Johannesburg, South Africa, for processing. If approved, the petition will be referred to the Consular Section in Johannesburg for immigrant visa processing. Please see Applying for a Visa at the U.S. Consulate in Johannesburg, South Africa, for addition information about the immigrant visa process.
American citizens are required to make online appointments for all services with the Consular Section of the U.S. Embassy in Namibia, through the following website: windhoek.usembassy.gov. The Consular Section is open for American Citizen Services, Mondays through Thursdays between 8:30 a.m. and 12:00 p.m.
The U.S. Embassy in Namibia accepts payment in U.S. dollars, Namibian dollars, and South African Rand. Payments to the U.S. Embassy in Namibia are only accepted at the Embassy’s Consular Section and should not be paid to a third party. Upon submission, the Consular Section will forward your Form I-600 application with proof of payment to U.S. Consulate General in Johannesburg.
Applying for a Visa at the U.S. Consulate General in Johannesburg, South Africa: Before traveling, please review the Consular Information Sheet for South Africa and be sure to comply with the Government of South Africa’s entry requirements, which stipulate that travelers to South Africa must have at least two blank pages in their foreign passport upon entry.
After the Consular Section receives the family’s approved Form I-600 petition, the Consular Section will contact the family concerning their next steps. Immigrant visa applicants must complete a number of forms before the immigrant visa interview. Once the family is has all the required documentation and is ready for the interview, they must call the Consular Section to schedule an appointment for the immigrant visa interview. A consular officer conducts the immigration interview. A consular officer must see the adopted child before the immigrant visa may be issued. All adoption cases must include proof of a full and final adoption or proof of legal custody of the child for purposes of emigration and adoption in the United State.
Mailing Address: Consulate General of the United States of America P.O. Box 787197, Sandton, 2146 Johannesburg, South Africa
Physical Address: 1 Sandton Drive, Sandhurst (opposite Sandton City Mall) Johannesburg, South Africa Tel: (27 11) 290-3000 Fax: (27 11) (011) 884-0396 Email: consularjohannesburg@state.gov
NOTE: Visa issuance after the final interview now generally takes at least 24 working hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview. Adoptive parents should not make final travel arrangements until they receive the visa.
Child Citizenship Act
For adoptions finalized abroad prior to the child’s entry into the United States: A child will acquire U.S. citizenship upon entry into the United States if the adoption was finalized prior to entry and the child otherwise meets the requirements of the Child Citizenship Act of 2000.
For adoptions finalized after the child’s entry into the United States: An adoption will need to be completed following your child’s entry into the United States for the child to acquire U.S. citizenship.
Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.
Read more about the Child Citizenship Act of 2000.
Traveling Abroad
Applying for Your U.S. Passport
A valid U.S. passport is required to enter and leave Namibia. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print-all in one place.
Obtaining Your Visa
In addition to a U.S. passport, you also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are attached to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Namibia, see the Department of State's Country Specific Information.
Staying Safe on Your Trip
Before you travel, it's always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The State Department is a good place to start. The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.
Staying in Touch on Your Trip
When traveling during the adoption process, we encourage you to register your trip with the Department of State. Travel registration makes it possible to contact you if necessary. Whether there's a family emergency in the United States, or a crisis in Namibia, registration assists the U.S. Embassy or Consulate in reaching you. Registration is free and can be done online.
After Adoption
What resources are available to assist families after the adoption?
Many adoptive parents find it important to find support after the adoption. Take advantage of all the resources available to your family -- whether it's another adoptive family, a support group, an advocacy organization, or your religious or community services.
Here are some good places to start your support group search:
Child Welfare Information Gateway
North American Council on Adoptable Children
'NOTE: Inclusion of non-U.S. Government links does not imply endorsement of contents.
Contact Information
U.S. Embassy in Namibia
Address: 14 Lossen St., Ausspannplatz, Windhoek Tel: 264+61+295-8500 Fax: 264+61+295-8603 Email: consularwindho@state.gov Internet: U.S. Embassy Namibia
Namibia Adoption Authority
Ministry of Gender Equality and Child Welfare Trust Center, Independence Avenue Mail: P.O. Box 13359 Windhoek, Namibia Tel: +264-61-283-3164 Fax: +264-61-229569 Email: genderequality@mgecw.gov.na Internet: Namibia Adoption Authority
Embassy of Namibia
1605 New Hampshire Avenue, N.W. Washington, D.C. 20009-2511 Tel: 202.986.0540 Fax: 202.986.0443 Email: info@namibianembassyusa.org Internet: Embassy of Namibia
Office of Children’s Issues
U.S. Department of State CA/OCS/CI SA-17, 9th Floor Washington, DC 20522-1709 Tel: 1-888-407-4747 Email: AskCI@state.gov Internet: U.S. Department of State
U.S. Citizenship and Immigration Services (USCIS)
For questions about immigration procedures: National Customer Service Center (NCSC) Tel: 1-800-375-5283 (TTY 1-800-767-1833) Internet: |USCIS
For questions about filing a Form I-600A or I-600 petition:
National Benefits Center
Tel: 1-877-424-8374 (toll free); 1-816-251-2770 (local)
Email: NBC.Adoptions@DHS.gov
SOURCE
Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information[1]