Adopting from Tonga
Contents
Hague Convention Information
Tonga is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ( Hague Adoption Convention ). Therefore, when the Hague Adoption Convention entered into force for the United States on April 1, 2008, intercountry adoption processing for Tonga did not change.
Tongan law states that prospective adopting parents must reside with the child for period of at least six months prior to the application for adoption of that child. In addition, under Tongan law, only illegitimate children may be adopted.
The Tongan Government is proposing to pass a Dual Nationality Law in the near future. It is unclear, however, what this law may contain or how it may affect adoptions of Tongan children. The Department of State and the U.S. Embassy in Suva, Fiji (which handles Tongan immigration issues on behalf of the U.S. Government) will monitor the progress of any such legislation and update this flyer accordingly.
Who Can Adopt
To bring an adopted child to United States from Tonga, you must 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, Tonga also has the following requirements for prospective adoptive parents:
Residency
Prospective adoptive parents must reside with the child for six months prior to the application for adoption of that child. The Supreme Court occasionally waives the residency requirements in exceptional cases.
Age of Adopting Parents
There is no specific minimum or maximum age requirement for adoptive parents.
Marriage
Tongan law permits both single and married foreigners to adopt Tongan children.
Income
Income should be above average and prospective adoptive parents should live in a suitable environment. Proof of income will have to be submitted to the central adoption authority.
Other
Prospective parents must show themselves able to provide adequate emotional and financial support for the child. Under no circumstances are proxy adoptions allowed.
Who Can Be Adopted
Tonga has specific requirements that a child must meet in order to be eligible for adoption. You cannot adopt a child in Tonga unless he or she meets the requirements outlined below.
In addition to these requirements, a child must meet the definition of an orphan under U.S. law for you to bring him or her back to the United States. Learn more about these U.S. requirements.
ELIGIBILITY REQUIREMENTS:
Relinquishment Requirements: Almost all Tongan adoptions involve direct relinquishments of children by their birth mothers to the adoptive parents, and almost all are arranged either between relatives, by close friends, or through religious institutions. Please note that in some instances, such direct relinquishments, while appropriate under Tongan law, may complicate the U.S. immigration process. American prospective adoptive parents considering a Tongan adoption in which the child will be directly relinquished should contact the U.S. Embassy in Suva (Fiji) early in the process to confirm whether the circumstances of their specific case will or will not preclude the child's immigration to the United States.
Age Requirements: Ilegitimate children under the age of 21 years of age.
Sibling Requirements: None
Waiting Period: Prospective adoptive parents must reside with and provide for the needs of the prospective adoptive child before letters of adoption can be approved by the chief justice of the supreme court
Other: Under Tongan law, only illegitimate children may be adopted.
The Tongan Legal Guardianship Act of 2004 makes it possible for Tongan authorities to grant legal guardianship of legitimate children under age 18. However, Tongan law is silent about (neither prohibits nor approves) whether such children may be removed from Tonga to be adopted in another country. American citizens interested in pursuing legal guardianship of a Tongan child should consult a Tongan attorney for the latest information.
How to Adopt
Adoption Authority
The Process
Traveling Abroad
Applying for Your U.S. Passport
A valid U.S. passport is required to enter and leave Tonga. 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 Tonga, 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 Tonga, 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
SOURCE
Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information