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Adopting from Angola

Revision as of 18:52, 12 February 2014 by Admin (Talk | contribs)

Hague Convention Information

Angola 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).

Adopting in Angola is a complex process. It can take years to identify a child for adoption and to complete all of the required steps and takes an Act of the National Assembly to approve each intercountry adoption. Prospective adoptive parents should note that Angolan adoption laws, which are currently being revised, are very strict. To ensure that the adoption process is completed successfully and in a timely manner, the U.S. Embassy in Angola strongly suggests that prospective adoptive parents consult an Angolan attorney.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

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


Residency

N/A

Age of Adopting Parents

Prospective adoptive parents must be at least 25 years old and at least 16 years older than the prospective adoptive child.

Marriage

Prospective adoptive parents may be married, single, or in a common-law relationship.

Income

N/A

Other

Prospective adoptive parent(s) must be in good physical and mental health, and financially capable of supporting and providing an education for the adopted child.

Who Can Be Adopted

In addition to U.S. immigration requirements, Angola has specific requirements that a child must meet in order to be eligible for adoption:

Relinquishment: Adoption requires the consent of the prospective adoptive child’s birth parent(s) or the legal guardian. Consent will be waived with regard to a child or adolescent whose parents are unknown or who have been stripped of their parental rights.

Abandonment: None.

Age of Adoptive Child: Less than 18 years old.

Sibling Adoptions: None.

Special Needs or Medical Conditions: None.

Waiting Period or Foster Care: Two years.

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, with the intention of returning for the child when they are able to do so. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to their child(ren)’s adoption.

How to Adopt

Angola’s Adoption Authority

National Office of Children and Adolescents of the Ministry of Social Assistance and Reintegration (MINARS); Ministry of Justice; and the National Parliament.

The Process

The process for adopting a child from Angola generally includes the following steps:


  1. Choose an adoption service provider
  2. Apply to be found eligible to adopt
  3. Be matched with a child
  4. Adopt the child in Angola
  5. Apply for the child to be found eligible for orphan status
  6. Bring your child home


1. Choose an Adoption Service Provider

The recommended first step in adopting a child from Angola 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 specific adoption agencies in Angola. Prospective adoptive children can be selected from an orphanage or foster center. There are orphanages and foster children centers in all 18 provinces of Angola. After the selection of the child, prospective adoptive parents should inform MINARS and request assistance in completing the adoption process. A list of adoption attorneys in Angola may be found at the U.S. Embassy in Angola’s website.


2. Apply to be Found Eligible to Adopt

In order to adopt a child from Angola, you will need to meet the requirements of the Government of Angola and U.S. immigration law. You must submit an application to be found eligible to adopt with the Ministry of Justice.

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, MINARS will provide you with a referral to be presented to the Ministry of Justice, Department of Social Assistance of the Family Court. 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 Angola’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 Angola

The process for finalizing the adoption in Angola generally includes the following:


Role of Adoption Authority: There is no single adoption authority in Angola. The National Office of Children and Adolescents accepts adoption requests on behalf of MINARS. MINARS then processes and evaluates applications to be forwarded to the Family Court Room (a department of the Ministry of Justice).


Role of the Court: The Family Court Room reviews MINARS evaluations, provides permission for the prospective adoptive child be adopted, and forwards the file to the ‘’Assembleia Nacional’’ (National Parliament) for final approval of the adoption.


Role of Adoption Agencies: There are no adoption service providers in Angola.


Adoption Application: The following sections outline the major provisions of the law that apply to adoptions:


  • Adoption by proxy is prohibited.
  • Adoption requires the consent of the prospective adoptive child's birth parent(s) or the legal guardian. Consent will be waived with regard to a child or adolescent whose birth parents are unknown or who have forfeited their parental rights.
  • A home study is required and will be evaluated by a Judge of the Family Court Room from the Provincial Court before the approval of the Parliament (National Assembly).
  • Prospective adoptive parent(s) should contact a local orphanage to identify a child for adoption through the National Office of Children and Adolescents. After a prospective adoptive child is identified, the orphanage contacts MINARS. If the prospective adoptive child is eligible for adoption, MINARS issues a document giving permission for the prospective adoptive child to be adopted. The process of identifying the child for adoption and receiving approval from MINARS can take 6-12 months.
  • The prospective adoptive parent(s) then submit a request to the Family Court Room requesting approval from the National Assembly to adopt the child. Along with this request, the prospective adoptive parent attaches the following:


1. A copy of the MINARS document giving permission for the child to be adopted
2. Birth certificates of the prospective adoptive parent(s)
3. Marriage (and prior divorce) certificate of the prospective adoptive parents(s) (if applicable)
4. Police clearance from home country and from Angola
5. Medical exam attesting good physical and mental health
6. Proof of financial support


The process of approval from the Parliament can take between 12-18 months.


Note: Prospective adoptive parents should expect to submit certified copies of all documents.


During the adoption process, the prospective adoptive parent(s) can submit a separate request to the Family Court Room requesting guardianship of the child. The request for guardianship can be submitted at the same time the request to the National Assembly is submitted. The request must be accompanied by the same documents listed above. A hearing will be scheduled at which the prospective adoptive parent(s) must be present. If the child is ten years of age or older, he/she will also be heard by the Trustee at the Family Court Room. This process may take three to six months to be completed.

If the child is not an orphan, the prospective adoptive parent (s) will have to note that on their request and the Trustee of the Family Court Room will send a notification to the birth parents to appear in person and consent to the adoption of the child. Their consent will effectively permanently sever their parental rights.

Once the National Assembly (Parliament) approves the adoption and the adoptive parent(s) receive the determination, that document must be submitted to the Family Court Room, and the Family Court Judge must issue the adoption decree.

An intercountry adoption in Angola can take anywhere from two to three years to complete from the time the prospective adoptive child is identified.

Prospective adopting parents can expect to pay as much as U.S. $3,000.00 in government fees to complete the adoption. Attorney’s fees are estimated to be an additional U.S. $10,000.

The U.S. Embassy in Angola discourages the payment of any fees that are not properly receipted such as “donations” or “expediting” fees that may be requested from prospective adoptive parents.


Documents Required:


1. Initial application can be made by a letter and should include the personal data of the prospective adoptive parents and the personal data of the prospective adoptive child. This letter does not need to be notarized.
2. Criminal background check and clearance (The USCIS FBI background check is sufficient)
3. Medical evaluation can be conducted in the U.S. or Angola
4. Proof of income
5. Birth certificate of the prospective adoptive parent(s)
6. Birth certificate (if available) for the prospective adoptive child or a statement from the institution where the child has been cared for
7. Marriage certificate and divorce decree(s) of prospective adoptive parent(s), if applicable
8. Consent from any living biological parent(s) of the child to adopt.


All documents must be translated into Portuguese.

The translation into Portuguese must be done in Angola. Any translator in Angola can do the translation. A list of translators is available from the Consular Section of the U.S. Embassy. The court will ask the translator to appear in court and swear that the translation is correct.


Note: Additional documents may be requested. These documents may include 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 Angola, 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:


1. Birth Certificate

If you have finalized the adoption in Angola, you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate.

A new birth certificate will be issued after the judge's final approval. The judge orders the issuance of a new birth certificate with the adoptive parent(s) name(s) if they desire.

2. Angolan Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Angola.

To apply for an Angolan passport the adoptive parents have to contact the Angolan Immigration Service, Serviços de Migração e Estrangeiros (SME), in Luanda.

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child and you 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 United States Embassy in Angola. 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.


You can find instructions for applying for an immigrant visa on Embassy Luanda’s website.

Adoptive parents may send an email to the U.S. Embassy Consular Section at consularluanda@state.gov to schedule an appointment.


Note: Visa issuance after the final interview now generally takes at least 24 hours. It is not normally possible for the Embassy to issue a visa for an adopted child on the day of the interview. Adoptive parents should verify current processing times with the U.S. Embassy in Angola before making final travel arrangements.


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

U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport. 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 a Visa to Travel to Angola

In addition to a U.S. passport, you may 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 affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Angola, see the Department of State’s Country Specific Information.

Staying Safe on Your Trip

Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. 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 enroll with the Department of State. Enrollment makes it possible to contact you if necessary. Whether there is a family emergency in the United States or a crisis in Angola, enrollment assists the U.S. Embassy or Consulate in reaching you.

Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).

After Adoption

Post-Adoption/Post-Placement Reporting Requirements

Angola has no post-adoption or post-placement reporting requirements.

Post-Adoption Resources

Many adoptive parents find it important to find support after the adoption. There are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. Take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services.


Here are some places to start your support group search:

Note: Inclusion of non-U.S. government links does not imply endorsement of contents


Contact Information


U.S. Embassy in Angola

American Embassy Rua Houari Boumedienne #32, Miramar Luanda, Angola C.P. 6468 Tel: (244)(222) 641-000 Fax: (244)(222) 641-259 Email: consularluanda@state.gov Internet: Angola US Embassy


Angola’s Adoption Authorities Ministry of Justice, Family Court Room Sala da Familia, Tribunal Provincial de Luanda Rua Amilcar Cabral No. 17, 5th and 7th Floor Luanda, Angola Tel: No telephone numbers for the public are available


MINARS - National Institute of the Child and Adolescent Rua N’Gola M’Bambi Luanda, Angola Tel: 244-222 322 611; 222 323 683; 222 322 753


Assembleia Nacional (Parliament) Rua 1 Congresso do MPLA Luanda, Angola Tel: +244 222 391691; 222 394541


Embassy of Angola

Embassy of the Republic of Angola 2100-2108 16th Street, N.W. Washington, D.C. 20009 Tel: 202-785-1156 Fax: 202-785-1258 Internet: angola.org


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.gov

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