How to Adopt from Congo, Democratic Republic of the Part 2

Map of the .
Source: cia.gov.

'This page addresses steps 4-5 of how to adopt from the Democratic Republic of the Congo. To review steps 1-3, please read How to Adopt from Congo, Democratic Republic of the. To review step 6 please read How to Adopt from Congo, Democratic Republic of the Part 3.'

4. Adopt Child in the Democratic Republic of the Congo

The process for finalizing the adoption in the Democratic Republic of the Congo generally includes the following:

Role of Adoption Authority: Adoption oversight responsibilities are shared between five ministries in the Congolese government that participate in enforcing adoption law and policies:

Ministry of Gender and Family: The Ministry of Gender and Family is the newest adoption authority for the Democratic Republic of the Congo. The Ministry is charged with the protection of minors and coordinates the creation of adoption policies. The Ministry of Gender and Family must also approve each adoption. Adoptive parents or their local representative may submit their case to the Ministry any time after the adoption decree (Acte d’Adoption) is issued by the Tribunal pour Enfants, although the Ministry generally encourages applicants to submit their dossier as soon as possible. Congolese immigration authorities will not issue an exit permit to allow the adopted child to depart the country unless the Ministry has approved the adoption.

Ministry of Justice: The Ministry of Justice has jurisdiction over adoption court procedures. Individual cases are handled by the Tribunal pour Enfants in the region where a prospective adoptive child resides, or in the Tribunal pour Enfants in a neighboring jurisdiction or Kinshasa if a Tribunal pour Enfants does not exist in the region where the child resides. Congolese attorneys assisting with adoption cases should have current contacts at the appropriate courts.

Ministry of Social Affairs, Division of Urban Affairs: The Ministry of Social Affairs is charged with the role of protection of “vulnerable children,” and oversees communes and social workers throughout the country. The local “commune,” or township, and its Guardianship Council create a child’s abandonment or relinquishment document, when appropriate, designate a child as a Ward of the State, and temporarily assign the child to foster care or an orphanage. The temporary guardianship is valid for only five days unless confirmed by the local Tribunal pour Enfants clerk. The Ministry also oversees the local L’Etat Civil, which maintains each commune’s birth and adoption records.

Ministry of Foreign Affairs: The Ministry of Foreign Affairs is responsible for certifying whether an adopted child is eligible for a Congolese passport, and for the passport’s issuance.

Ministry of Interior and Security, General Direction of Migration: The Direction Generale d’Immigration (DGM) controls the departure of children from the Democratic Republic of the Congo and seeks to prevent child trafficking. The DGM issues exit permits to children who qualify under local procedures to depart the country with their adoptive parents. Congolese immigration authorities will not issue the exit permit to allow the adopted child to depart the country without the Ministry of Gender and Family’s approval of the adoption. The DGM requires that both adoptive parents, if a child is adopted by a married couple, or the adoptive parent, if a child is adopted by a single individual, apply in person for the exit permit.

Role of the Court: The Tribunal pour Enfants in each region of the Democratic Republic of the Congo holds exclusive jurisdiction over intercountry adoptions. Prospective adoptive parents should be aware that decrees issued by Tribunal de Paix will only be accepted if the area where the child resides does not yet have a Tribunal pour Enfants, and that the DGM will only issue exit permits to children adopted in Tribunal de Paix if the adoption was completed prior to June 12, 2013. To learn more about the role of the Tribunal pour Enfants, please read Tribunal pour Enfants Democratic Republic of the Congo.

Role of Adoption Agencies: There are no adoption agencies authorized to provide services in the Democratic Republic of the Congo; however, many U.S. based adoption agencies work with specific local representatives in the Democratic Republic of the Congo.

Adoption Application: Prospective adoptive parents apply for permission to adopt by sending a letter to the Tribunal pour Enfants in the region where the child resides. The Tribunal pour Enfants Judge approves foreign prospective adoptive parents for adoption.

Time Frame: It can take from a minimum of three months to approximately one year to complete the adoption process from match proposal to filing the Certificate of Non-Appeal, although some cases can take considerably longer. The U.S. Embassy in Kinshasa estimates that it will take an additional three to six months to complete the case review and investigation once the Embassy receives the Form I-600 petition filed on behalf of a Congolese child.

Adoption Fees: Court fees for an adoption case generally range between $200 and $250, a birth certificate between $20 and $50, a passport $170, and lawyer fees between $5,000 and $6,000. In addition to these fees, prospective adoptive parents may be expected to pay for the care and feeding of their child after the adoption is finalized and before the U.S. immigrant visa is issued.

Documents Required: Prospective adoptive parents must submit copies of their own birth certificates, the birth certificate of the prospective adoptive child, police certificates from the prospective adoptive parents' place of residence, and attestations of good conduct from their city hall.