Afghanistan and the Hague Convention

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Source: cia.gov

Afghanistan is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (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).

The Afghan Civil Code governs the rights and interests of minors in Afghanistan. Islamic Shari’a law, upon which Afghanistan family law is largely based, does not allow for adoption of Afghan children in Afghanistan. Therefore, U.S. citizens considering adoption of an Afghan child must obtain guardianship for the purpose of emigration and adoption in the United States from the Afghan Family Court that has jurisdiction over the prospective adoptive child’s place of residence. It is important to note that according to Afghan laws, prospective adoptive parents who are non-Muslim may not be appointed guardians of Muslim children. Strong cultural ties to Afghanistan (dual Afghan-American nationality, for example) may favorably influence the court’s decision, but are not required.

Prospective adoptive parents may apply for a U.S. immigrant visa in cases where the Afghan Family Court grants guardianship of an orphan as defined under U.S. immigration law. The Afghan Family Court must specifically rule that the child is permitted to leave the jurisdiction of Afghanistan for the purpose of being adopted in the United States by the prospective parents. Prospective adoptive parents should refer to our country information sheet on Adoption of Children From Countries in which Islamic Shari'a Law is Observed for more information.

SOURCE

Intercountry Adoption. Bureau of Consular Affairs. U.S. Department of State. Country Information. [1]