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How to Adopt from Congo, Democratic Republic of the Part 3
Source: Wikipedia.org.
In this section we will address steps 5-6 of How to Adopt from the Democratic Republic of the Congo. For steps 1-3 please visit How to Adopt from Congo, Democratic Republic of the. For step 4 please visit How to Adopt from Congo, Democratic Republic of the Part 2.
5. Apply for the Child to be Found Eligible for Orphan Status
After you finalize the adoption in the Democratic Republic of the Congo, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the definition of orphan under U.S. immigration law. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative.
In addition to the required supporting U.S. documents, adoptive parents filing the Form I-600, Petition to Classify Orphan as an Immediate Relative, for children adopted from the Democratic Republic of the Congo should present the following Congolese documents with the petition:
- Adoption judgment (Jugement d'Adoption): This is issued by the Tribunal pour Enfants in the child’s area.
- Act of Adoption, also known as the adoption decree (Acte d'Adoption): This is issued by the L’Etat Civil in the area where the child was born.
- Certificate of Non-Appeal: This is issued by the Magistrate in the child’s area or the Magistrate in the area where the Tribunal pour Enfants is located.
- Birth Certificate (Acte de Naissance): This is a birth registration that must be issued by the L’Etat Civil within 90 days of the child’s birth and which remains valid for the child’s lifetime. Please note that the U.S. Embassy in Kinshasa requires the actual birth certificate or an official copy (Copie Integrale d’Acte de Naissance) for immigrant visa processing.
- Abandonment Report (Proces-Verbal de Constat D'Abandon d'un Enfant): The abandonment report is required if the child was abandoned by his/her biological parent(s). This report is completed by Social Services.
- Parental Authorization (Autorisation Parentale): The Authorization Parental is required when a biological parent is directly relinquishing his/her child for adoption and emigration.
- PV Tutelage Report: The PV Tutelage Report is the decree that documents that designates a child as a Ward of the State and eligible for adoption. This report is completed by the Guardianship Council where the child was born.
- Ward of the State Document (Attestation de Placement du Pupille de l'Etat): This document is required if the local government terminated the parental rights of the biological parent(s).
- Indigence Report (Attestation d'Indigence): The Indigence Report is often required when the adoptive child has known biological parent(s).
- Death Certificate (Acte de Deces): The Death Certificate is required when the adoptive child’s biological parent(s) passed away. Please note that the U.S. Embassy in Kinshasa only accepts the legal death certificate produced by the local commune, not a hospital death certificate.
Please note that additional documents may be requested.
6. Bring Your Child Home
Once your adoption is complete, 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.
Birth Certificate
If you have finalized the adoption in the Democratic Republic of the Congo, you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate. To learn more about necessary documents to bring your child home please go to Final Documents for Adoption from the Democratic Republic of the Congo.
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.