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Adopting from Togo
Source: cia.gov.
Source: cia.gov.
Source: cia.gov.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Contents
Hague Convention Information
Togo is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ( Hague Adoption Convention ). Therefore all adoptions between TOGO and the United States must meet the requirements of the Convention and U.S. law implementing the Convention.
There are two types of adoptions in Togo: Plenary and simple. Both are valid for immigration purposes.
Beginning March 2010, all new adoption cases in Togo will be conducted under the guidelines of the Hague Convention. NOTE: Special transition provisions apply to some adoptions initiated before April 1, 2008. Learn more.
Who Can Adopt
Adoption between the United States and Togo is governed by the Hague Adoption Convention. Therefore to adopt from Togo, you must first be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn more.
In addition to these U.S. requirements for prospective adoptive parents, Togo also has the following requirements for prospective adoptive parents:
Residency
There is a one year residency requirement where the Prospective Adoptive Parent (PAP) must live in Togo for at least one year before the adoption is finalized. However exemptions to this requirement can be granted by the President of the High Court.
Age of Adopting Parents
At least one of the PAPs must be over 30-year-old and there must at least an18-year difference between the PAP and the adopted child. This requirement is reduced to a 10-year age difference in cases where the prospective adoptee is the biological child of the spouse of PAP.
Marriage
Married couples and single individuals may adopt.
Income
Togo has no income requirements for international adoptions. Prospective parents must prove that they can provide for the child. The National Adoption Committee (CNAET) relies on the information provided by the Central Authority -- specifically the U.S. home study that relays information on the PAP's finances.
Other
Same-sex couples cannot adopt in Togo.
Who Can Be Adopted
Because Togo is party to the Hague Adoption Convention, children from Togo must meet the requirements of the Convention in order to be eligible for adoption. For example, the Convention requires that Togo attempt to place a child with a family in-country before determining that a child is eligible for intercountry adoption. In addition to Togo's requirements, a child must meet the definition of a Convention adoptee for you to bring him or her back to the United States.
ELIGIBILITY REQUIREMENTS:
In order to be eligible for adoption under Togolese law, a child must have been pronounced abandoned or relinquished by the Togolese Lower Court.
Relinquishment Requirements: Both parents have decided to release the child because they are unable to care for him/her or the child's parents rights have been terminated due to neglect; or both parents are deceased and the family consents to release the child to a third party. This would be considered an adoption by consent. In the case of relinquishment of a child, the Lower Court must make a legal ruling.
Abandonment Requirements: In order to be considered legally abandoned, the legal parents must have willfully forsaken all parental rights, obligations and claims to the child; and/or the legal parents have not transferred parental rights to anyone and the child is not in their care. After a field investigation, a judge or the president of the Togolese Lower Court will decree the child abandoned by a court decree.
AGE REQUIREMENTS: Under local law, the adoptee must be unmarried and under 18. Because U.S. law limits the adoptions of children above 16, American citizens considering adopting an older child in Togo should contact the Embassy prior to initiating the process.
Requirements for Children with Special Needs or Medical Conditions: Special needs or children with medical conditions can be adopted. Adoptive parents are given the opportunity to request specific criteria for the child they want to adopt when submitting their adoption application. Adoptive parents are informed of the child's condition in a detailed report when they are matched with the child. Once matched with a child, the PAP will have the opportunity to accept or reject the prospective child.
WAITING PERIOD: There is no designated waiting period in an adoption case but prospective parents should be aware that it will likely take several years to finalize an adoption in Togo as the adoption process is new and details are still being worked out. Files are treated on a first come, first served basis and as the process is relatively new, many of the details
How to Adopt
Adoption Authority
TOGO'S ADOPTION AUTHORITY
The Togolese adoption authority is the Comité National d'Adoption d'Enfants au Togo (CNAET) - National Adoption Committee for Children in Togo. While the Committee is under the jurisdiction of the Ministry of Social Welfare and Child Protection, the membership of the Committee is comprised of a variety of legal and medical professionals.
Ministère de l'Action Sociale et de la Solidarité Nationale. Comité National d'Adoption d'Enfants au Togo Secretariat Permanent BP 1402 Lome, Togo Tel. (228) 221-56 39
The Process
Because Togo is party to the Hague Adoption Convention, PAPs must follow a specific process designed to meet the Convention's requirements. A brief summary of the Convention adoption process is below. You must complete these steps in the following order so that your adoption meets all the necessary legal requirements.
NOTE: If you completed a full and final adoption in Togo or filed your I-600a with USCIS before April 1, 2008, the Hague Adoption Convention may not apply to your adoption. Your adoption could continue to be processed in accordance with the immigration regulations for non-Convention adoptions. Learn more.
- Choose an Accredited Adoption Service Provider
- Apply to be Found Eligible to Adopt
- Be Matched with a Child
- Apply for the Child to be Found Eligible for Immigration to the United States
- Ensure your Child has Adequate Travel Documents
- Adopt the Child in Togo
- Bring your Child Home
1. Choose an Accredited Adoption Service Provider:
The first step in adopting a child from Togo is to select an adoption service provider in the United States that has been accredited by the U.S. Department of State which is the Central Authority under the Hague Adoption Convention. As there is currently no independent accredited adoption service provider in Togo, PAPs must contact the CNAET. Learn more.
2. Apply to be Found Eligible to Adopt:
After you contact CNAET, you apply to be found eligible to adopt (Form I-800A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center. Learn how.
Once the U.S. government determines that you are "eligible" and "suitable" to adopt, you or your agency will forward your information to the CNAET who will review your application to determine whether you are also eligible to adopt under Togo's law.
3. Be Matched with a Child:
If both the United States and Togo determine that you are eligible to adopt, and a child is available for international adoption, the CNAET will match you with a child. Each family must decide for itself whether or not they will be able to meet the needs of the particular child and provide a permanent family placement for the referred child.
4. Apply for the Child to be Found Eligible for Adoption:
After you accept a match with a child, you will apply to the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center for provisional approval to adopt that particular child (Form I-800). USCIS will determine whether the child qualifies for orphan status. Learn how.
At this point your adoption service provider or you will submit a visa application to a Consular Officer at the U.S. Embassy. The Consular Officer will review the child's information and evaluate the child for possible visa ineligibilities. If the Consular Office determines that the child appears eligible to immigrate to the United States, he/she will notify the Togo's adoption authority. In Togo, prospective adoptive parent(s) may not proceed with the adoption or obtain custody for the purpose of adoption until this step is taken.
Please Note: A Consular Officer will make a final decision about the immigrant visa later in the adoption process.
5. In order for your child to travel once the adoption is complete, they will need travel documents. Please note: The Togolese government will not issue a Togolese passport or identity card to your child once an adoption is finalized, and the United States cannot issue a U.S. passport until your child has entered the United States. In order for your child to travel, you will need to apply for and receive a Togolese passport and identification card before the adoption process is completed.
Togolese Identity Card
Your child is not yet a U.S. citizen, so he/she will need a travel document especially. To apply for a passport, your child needs to have a Togolese Identity Card. To apply for the card, you will need to present:
- A certified copy of the child's birth certificate
- A certified copy of the child's Togolese Nationality Certificate
- 2 passport photographs
- Blood-type certificate
- Emergency contact information
- 5,000 CFA (approximately $10)
Applications are accepted Monday through Friday from 7:30 at Commissariat Central. Once the Card is issued, you can apply for a passport for the child.
Togolese Passport
To apply for your child's passport, you will need to present the following documents:
- A certified copy of the child's birth certificate
- A certified copy of the child's Togolese nationality certificate
- A copy of the Togolese Identity Card
- Emergency contact information
- 30,000 CFA (approximately $60)
- 2 photographs (white background)
- A photocopy of the child's identity card
- School records
Applications can be dropped off between 7:30 a.m. and noon and 2:30 p.m. and 5 p.m., Monday, Wednesday, and Friday at:
Direction Générale de la documentation Nationale Service des Passeports 01 BP 4871 Lomé, Togo
6. Adopt the Child (or Gain Legal Custody) in-country:
The process for finalizing the adoption in Togo generally includes the following:
- ROLE OF THE ADOPTION AUTHORITY: The National Adoption Committee for Adoption of Children in Togo (CNAET) acts as central adoption authority in adoption matters. After reviewing each case, the Committee forwards the file with a recommendation to the High Court of Lome. Americans interested in or considering adopting in Togo should contact the CNAET directly using the address listed under "Contact Information".
- ROLE OF THE COURT: While the CNAET makes a recommendation on adoptions files, the High Court will signs the final decree. The final adoption decree will be issued by the High Court one year after the adopted child is effectively entrusted to the adoptive parents. This requirement can only be waived by the president of the High Court.
- ROLE OF ADOPTION AGENCIES: There are no independent Adoption Service Providers accredited in Togo. While some lawyers and notaries may promise to facilitate adoptions or help families overcome legal ineligibilities preventing them from adopting in Togo, these individuals have no influence or role in the adoption process. Only the High Court and the CNAET are directly involved in the adoption process.
- ADOPTION FEES: Total fees are estimated at FCFA 580,000 (approximately $1,160). This sum includes:
- 1. Registration and file study - FCFA 540,000 (approximately $1,080);
- 2. Legal fees - FCFA 40,000 (approximately $80) ($1=CFA500 as of 03/03/2010). Fees are payable to the "Secretariat Permanent du CNAET" at the time of application. The U.S. Embassy in Togo strongly discourages the payment of any non-official costs or "donations," or "expediting" fees that may be requested from prospective adoptive parents. Such fees have the appearance of "buying" a baby and put future adoptions in Togo at risk.
- REQUIRED DOCUMENTS: Required documents include:
- 1. An approved I-800A from USCIS;
- 2. A copy of the Home Study report including social and psychological investigation reports as well as financial information;
- 3. A Notarized Adoption Consent document expressing the consent of both parties (in the case of an adoption by consent);
- 4. Copy of adoptive parents' birth certificates and their family booklet (livret de famille);
- 5. Pictures of adoptive parents, their house, the room to be occupied by the adopted child and the child's photo in the case of adoption by consent;
- 6. Recommendation letter from friends and other known people (translated into French);
- 7. Police clearance certificate;
- 8. Medical examination results for the Prospective Adoptive Parent from within the last three months;
- 9. PAP Address including email and telephone number;
- 10. Receipt of payment of the full application fee. NOTE: Additional documents may be requested. If you are asked to provide proof that a document from the United States is authentic, we can help. Learn how.
- Adoption versus Legal Guardianship/custody: Togolese child and family law stipulates that the legal guardianship of a child or the delegation of parental authority can be granted in cases where the child is an orphan, or in instances where he/she is considered abandoned or needy with no family to provide basic care. The legal guardianship and the delegation of parental authority can be an alternative to adoption but should not be considered a conduit to adoption. The legal guardianship and the delegation of parental authority can be ended at any time by the Courts. The High Court, in conjunction with the Ministry of Social Affairs, grants legal guardianship and the delegation of parental authority in the best interest of the child. However, the Court does not authorize a child to be placed or taken out of the country in the absence of a full and final adoption. Therefore, obtaining legal guardianship or custody of a child in order to bring that child to the U.S. to complete an adoption is not legal.
7.Bringing Your Child Home
Now that your adoption is complete (or you have obtained legal custody of the child), your child must apply for a U.S. visa from the United States Embassy or Consulate for your child. After the adoption (or custody for purpose of adoption) is granted, visit the U.S Embassy or Consulate for final review and approval of the child's I-800 petition and to obtain a visa for the child. 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 if it was not provided during the provisional approval stage.
You will also need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate.
To receive a new birth certificate for your child, submit the adoption decree to the Etat-civil of the city where the adoption took place. There will be a CFA 5,000 (approximately $10) fee. It takes about one week to receive a new birth certificate (Acte de Naissance).
Child Citizenship Act
For adoptions finalized abroad: The Child Citizenship Act of 2000 allows your child to acquire U.S. citizenship when he or she enters the United States on an IR-3 or IH-3 immigrant visa for the purpose of lawful permanent residence.
For adoptions to be finalized in the United States: The Child Citizenship Act of 2000 allows a child who enters the United States on an IR-4 or IH-4 immigrant visa to typically acquire U.S. citizenship when the U.S. state court issues the final adoption decree. We urge your family to finalize the adoption in a U.S. State court as quickly as possible.
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.
Learn more about the Child Citizenship Act.
Traveling Abroad
Applying for Your U.S. Passport
A valid U.S. passport is required to enter and leave Togo. 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 Togo, 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 Togo, 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
Adoption Services Support Group for Adopting Persons
Contact Information
U.S. Embassy in Togo
Ambassade des Etats-Unis d'Amérique, 4332 Blvd. Eyadema B.P. 852 Lomé, Togo Tel: (228) 261 54 70.79 Embassy Fax: (228) 261 55 01 Consular Fax: (228) 261 54 99 Email:Consularlome@state.gov Internet: U.S. Embassy Togo
Togo's Adoption Authority
Address: Comite National d'Adoption des Enfants au Togo (CNAET) Tel: (228) 222 14 09/221 69 46 Fax: (228) 222 14 09 Email: CNAET@YAHOO.FR
Embassy of Togo
Address: Embassy of the Republic of Togo, 2208 Massachusetts Avenue NW, Washington, DC 20008; Tel: (202) 234-4212 Fax: (202) 232-3190 Email: Embassyoftogo@hotmail.com Internet: Embassy of Togo
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 E-mail: AskCI@state.gov Internet: U.S. Department of State
U.S. Citizenship and Immigration Services (USCIS)
For questions about general immigration procedures, call the National Customer Service Center (NCSC) 1-800-375-5283 (TTY 1-800-767-1833)
For questions about the I-800A or I-800 petition process, call the National Benefits Center
Toll free (877) 424-8374; Toll (816) 251-2770
E-mail: NBC.Hague@dhs.gov
SOURCE
Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information[1]