INTERCOUNTRY ADOPTION


LESOTHO

May 2006

DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

PLEASE NOTE: In Lesotho, intercountry adoptions are governed under the Child Welfare and Protection Act, no. 60 of 1980 and the Adoption Proclamation of 1952.  Under these laws, prospective adoptive parents are required to reside in Lesotho for two years before adoptions.  Despite this, intercountry adoptions are processed and approved.  A revised Child Welfare and Protection Bill, being debated in the National Assembly, would allow for intercountry adoptions.  Adoptions in practice borrow from all three of these documents, the two laws and the new proposed bill.  If and when the National Assembly passes the proposed revised bill, this will change how adoptions are processed, and this flyer will be amended accordingly.

Immigrant Visas for Lesotho citizens are issued by the U.S. Consulate General in Johannesburg, South Africa.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans from Lesotho:

Fiscal Year

Number of Immigrant Visas Issued

FY 2005

2

FY 2004

1

FY 2003

0

FY 2002

6

FY 2001

0

ADOPTION AUTHORITY IN LESOTHO:  The government office responsible for adoptions in Lesotho is the following:

Department of Social Welfare
Ministry of Health and Social Welfare
P/Bag A 222
Maseru, 100
Lesotho
Tel: +266 (22) 326-013
Fax: +266 (22) 317-206

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Prospective adoptive parent(s) are required to undergo a thorough home study by an approved social service or adoption agency and be found qualified.  To locate an approved social service or adoption agency, persons interested in adopting in Lesotho should contact the Lesotho Department of Social Welfare in the Ministry of Health and Social Welfare.  The adoptive parent(s) must be at least 25 years old and one prospective adoptive parent should be 21 years older than the child they aim to adopt.  Gay/lesbian prospective adoptive parents are not permitted to adopt Lesotho children. 

RESIDENCY REQUIREMENTS:  Officially, Lesotho adoption laws require that at least one of the prospective adoptive parent(s) be a resident of Lesotho for at least two years prior to the adoption.  In practice, however, the courts have granted adoptions to non-residents if it is in the best interests of the child.  The Child Welfare and Protection Bill presently under discussion in the National Assembly would explicitly allow for adoptions by non-residents. 

The Department of Social Welfare in the Ministry of Health and Social Welfare strongly advises prospective parent(s) to spend a minimum of two weeks in Lesotho.  The purpose of this stay is so that the prospective parent(s) will learn about Lesotho and be able later to tell their adopted children about their country of origin.

TIME FRAME:  The time frame for adoption procedures differs widely and depends in large measure on how quickly the prospective adoptive parent(s) and their agents collect the necessary paperwork.  From start to finish, most adoptions will be completed in six months.  Once paperwork has been submitted, Adoption Orders and Removal Orders will take between one week and one month, depending on how quickly cases can be brought to court.  A Lesotho Passport, which will be necessary for the U.S. immigrant visa application, can take from 6 to 12 months to procure. 

ADOPTION AGENCIES AND ATTORNEYS:  There are no adoption agencies or attorneys approved by the Lesotho government.  Prospective adoptive parents apply directly to the Department of Social Welfare.  At this time, there are no formal application forms.  Prospective adoptive parents should let the Department of Social Welfare know the details of their request (age of child, boy/girl, health, etc.).

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.  Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES IN LESOTHO:

  • The Department of Social Welfare in the Ministry of Health and Social Welfare does not charge any fees for processing adoption submissions;
  • The Magistrates courts do not charge fees for hearing adoption cases;
  • The High Court requires revenue stamps to hear removal cases.  These revenue stamps are in the amount of 83 maluti (approximately $13 at the exchange rate at the beginning of April 2006);
  • One reputable law firm charges 4,500 maluti (approx. $722) to process an order for adoption and an additional 4,500 maluti for an order for removal (permission to take the child out of the country).

ADOPTION PROCEDURES:  Generally, adoption procedures are initiated when a prospective adoptive parent(s) submits a request to the Department of Social Welfare.  The Department of Social Welfare in the Ministry of Health and Social Welfare will liaise with an approved social service or adoption agency identified by the adoptive parent(s).  After a home study has been successfully completed, a child will be identified from one of the orphanages or abandoned children centers.  The Ministry of Health and Social Welfare will accept home-studies submitted in an I-600A application, which they will forward to the courts.  Children have birth certificates confirming their orphan/abandoned status.  In some cases, a child may have a letter from extended family, certified by the local authorities (usually the village chief) that the child is eligible for adoption.

The prospective adoptive parents should procure the services of a lawyer to refer the case to the Magistrates Court for an adoption hearing.  The same lawyer can be retained to submit a case for removal of child from Lesotho.  An order of adoption terminates all the rights and obligations existing between the child and any legally recognized parent or extended family.  The adopted child is thereafter deemed by law to be the legitimate child of the adoptive parent(s).  Prospective adoptive parents can apply for a revised Lesotho birth certificate and a Lesotho passport based on the official order of adoption.  The Ministry of Health and Social Welfare or a lawyer can help with both of these.  The revised birth certificate is ordered from the District Administrator and requires proof of ID, a certified copy of the order of adoption and a revenue stamp for 26c(Stamps for 26c are available from the Lesotho Revenue Authority).  The passport with revised names is applied for from the Ministry of Home Affairs.  Please provide a certified copy of the order of adoption and a fee of M/R100.

An order for removal allows the child to leave Lesotho with the adoptive parent(s). 

USEFUL INFORMATION ABOUT LESOTHO CUSTODY LAW AND THE RIGHTS OF BIRTH PARENTS:  Laws pertaining to child custody are not applied evenly in Lesotho and are complicated by traditional practice.  Children born out of wedlock are considered illegitimate.  A child born to unmarried parents becomes legitimate when the mother marries, if the husband decides to recognize the child and pays an agreed bridal price.  Such a child would otherwise be the ward of the maternal grandparent(s). 

Unmarried women are considered legal minors and, as mentioned above, their children would be legally in the custody of the mother’s parent(s).  According to custom, the expanded family has certain custodial rights to children.  The Department of Social Welfare will ensure, prior to approving an adoption, that the concerned children are free from custody issues and all family have waived any rights to the child. 

Unmarried fathers do not have legal access, custody or guardianship of a biological child unless they have reached an understanding with the maternal grandparent(s).  Customarily, the father will be involved at the invitation of the maternal grandparent(s).  The Department of Social Welfare would, prior to accepting a child for adoption proceedings, ensure that any known father will have waived his rights to the child. 

DOCUMENTS REQUIRED FOR ADOPTION IN LESOTHO: 
 Prospective adoptive parent(s) must submit the following documents:

  • Request for adoption to the Department of Social Welfare;
  • Home Study;
  • Financial statement(s);
  • Police record(s);
  • Medical Certificate(s);
  • Letter(s) from the family of the prospective adoptive parent(s) that these family members accept and acknowledge the adoption.  Lesotho adoption law is based on local cultural practices.  By these standards adoption is an extended family issue not just the nuclear family.  It is customary that the extended family writes a letter condoning the adoption.  In Lesotho, these relations would be expected to care for the child in the case the parents are unable to do so.

Centers for orphaned or abandoned children will supply:

  • Identification for the child
  • Certification the child is eligible for adoption

The Social Worker will submit a report to the prospective adoptive parents’ legal counsel, who will prepare the necessary court cases.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html

LESOTHO EMBASSY AND CONSULATE IN THE UNITED STATES:

Embassy Of The Kingdom Of Lesotho
2511 Massachusetts Avenue, N.W.,
Washington, D.C. 20008
Tel.: 1-202-797-5533
Fax: 1-202-234-6815
Email: Lesothoembassy@Verizon.Net
Internet: http://www.lesothoemb-usa.gov.ls/

U.S. IMMIGRATION REQUIREMENTS:  Prospective adopting parents are strongly encouraged to consult USCIS publicationM-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The USCIS publication is available at theUSCIS Web site.  The Department of State publicationInternational Adoption can be found on the Bureau of Consular Affairs Web site,travel.state.gov, under “International Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600 Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site, travel.state.gov.

U.S. EMBASSY IN LESOTHO:   Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section of the U.S. Embassy in Maseru, Lesotho is located at:

254 Kingsway Road Maseru Lesotho 
E-mail: infomaseru@state.gov
URL: http://maseru.usembassy.gov/
Tel: +266 22 312 666
Fax: +266 22 310 116

ORPHAN INVESTIGATIONS AT THE U.S. EMBASSY IN MASERU:  The U.S. Embassy in Maseru does not conduct immigrant visa interviews or make decisions in immigrant visa cases.  All immigrant visa applications for citizens of Lesotho, including adopted children, are reviewed at the U.S. Consulate General in Johannesburg, South Africa.  The U.S. Embassy in Maseru will accept and forward to the appropriate office applications submitted by prospective adoptive parent(s). 

American citizen’s are not required to make appointments with the Consular Section.  American citizens are advised to call the consular section (+266 (22) 312-666) in advance to enable prompt response to their inquiry.  The Consular Section of the Embassy is open for American Citizen Services Mondays to Thursdays from 7:30 to 17:00 (5:00 p.m.) and Fridays from 7:30 to 13:30 (1:30 p.m.)  PAPs will be given a package consisting of forms for I-600 or I-600A.  An American Consular Officer will also be available to discuss the PAPs case.  These include form, I-130, two copies of G-325A, two copies of DS-230 and a list of supporting documents PAPs will want to provide when they submit their application (certified copies of marriage certificate if applicable, birth certificate(s), two copies of passport photos for PAPs and the adoptee, and the most current fee for adoption).  U.S. Embassy Maseru accepts payment in U.S. dollars, Lesotho Maluti, and South African Rand.  Payments for submissions to the U.S. Embassy in Maseru are only accepted at the Embassy consular section and should not be paid to a third party.  Upon submission in Maseru, the consular section will forward the application with proof of payment to U.S. Consulate Johannesburg.  The U.S. Consulate in Johannesburg will contact the PAPs about any necessary processing.

APPLYING FOR A U.S. IMMIGRANT VISA FOR AN ADOPTED CHILD AT THE U.S. CONSULATE GENERAL IN JOHANNESBURG, SOUTH ARICA: All U.S. immigrant visas for citizens of Lesotho are processed at the U.S. Consulate General in Johannesburg, South Africa .  Petitions can be filed at the Embassy in Lesotho and will be forwarded to Johannesburg for processing. If approved, the case is referred to the consular section. The applicants will receive a phone call with the next steps. A series of forms must be completed called the Packet 3. Once the applicant has completed all the requirements in the Packet 3, they must call the Consulate to schedule an appointment. A consular officer conducts the immigration interview and, if approved, issues the visa. At the time of the interview the orphan and new parents must appear in Johannesburg. The entire process takes some time. Processing can take several months. All adoption cases must include full judicial documentation which constitutes irrevocable release for immigration and adoption.

Consulate General of the United States of America
1 River St
Killarney
P.O. Box 1762
Houghton, 2041
South Africa
Tel: (27-11) 644-8000
Fax: (27-11) 646-6916
Email: consularjohannesburg@state.gov

ACQUIRING U.S. CITIZENSHIP:  The language describing the acquisition of U.S. citizenship for adopted children is currently under review.  Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.

ADDITIONAL INFORMATION: Specific questions about adoption in Lesotho may be addressed to the U.S. Embassy in Maseru.  Questions about the immigrant visa process in Johannesburg should be directed to the U.S. Consulate General in Johannesburg.  Questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818 , toll-free Tel: 1-888-407-4747. 

Useful information is also available from several other sources:

Telephone:

  • Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
  • U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

  • Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
  • Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flier. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the Country Specific Information for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • USCIS web site - http://uscis.gov/.