INTERCOUNTRY ADOPTION

April 2008


Disclaimer:  The following is intended as a general guide to assist U.S. citizens who plan to adopt a child from a foreign country.  Three sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the eligibility of individual children for adoption, as well as the adoption of children in that country in general; 2) the laws of the adoptive parents’ state of residence establish qualifications they must meet in order to adopt; and 3) U.S. immigration law governs the immigration of the child to the United States.  In addition, the Hague Convention on Intercountry Adoption, to which the United States became a party on April 1, 2008, establishes legal and regulatory requirements for intercountry adoption. 

The adoption of children from countries that are party to the Hague Convention must follow the procedures outlined by the Convention, and its U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA).  More information on the IAA and the Convention can be found at www.travel.state.gov on the Children and Family pages on intercounry adoption (insert link to the Hague Convention page).

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.


THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:

Uganda is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention).  Therefore the entering into force of the Convention for the United States on April 1, 2008, will not change intercountry adoption processing for Uganda .


PLEASE NOTE:  Ugandan law places restrictions on the ability of foreign citizens to adopt Ugandan children.  The Children’s Act states that a foreign citizen may, in exceptional circumstances, adopt a Ugandan child, if the foreigner has resided in Uganda for at least three years and if the foreigner has also fostered the child for 36 months.  However, High Court judges have made some exceptions to these three-year residency and fostering requirements on a case-by-case basis if it was deemed in the best interests of the child. 

Ugandan High Court judges have also exercised discretion in approving legal guardianship decrees (which may permit the child to emigrate for full and final adoption abroad) in certain cases where the prospective adoptive parents were unable to meet the requirements for adoption in Uganda .   


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

ADOPTION AUTHORITY IN UGANDA:  The Ugandan Government office that oversees intercountry adoptions is:

The Department of Youth and Child Affairs
Ministry of Gender, Labor and Social Development
Simbamanyo House, Plot 2
Lumumba Avenue
Kampala, Uganda
Telephone:  256-41-347 854/5
Fax:  256-41-256-374
E-mail:  ps@mglsd.go.ug
Web site:  http://www.mglsd.go.ug/

The Department of Youth and Child Affairs oversees Probation and Social Welfare Officers assigned to magistrate courts.  Prospective adoptive parents work with the Probation and Social Welfare Officers in the region where the child resides.  These officers monitor and record the progress of the adoptive family during the 36-month fostering period. 

ELIGIBILITY TO ADOPT:  Single parents may adopt, but they may not adopt a child of the opposite sex (unless an exception is made).  Married couples must adopt jointly.  Adoptive parents must be at least 25 years old and 21 years older than the child they plan to adopt.  In the case of married couples, it is sufficient for one spouse to meet these requirements.

In addition to the three-year residency and 36-month fostering requirement, foreign adoptive parents must demonstrate they have no criminal record, and that they have been approved by their country of nationality to adopt.  The adoptive parent must also demonstrate that their country of nationality will respect and recognize the Ugandan adoption decree.  The Ugandan attorney working with the adoptive parents usually provides a letter or brief statement in the petition to adopt presented to the High Court that the U.S. state will recognize the adoption decree.  It is assumed that the attorney conducted the necessary research to confirm this. For U.S. citizens, the High Court of Uganda generally accepts that an approved I-600 or I-600A petition satisfies the requirement that the adoptive parents have approval of their home government to adopt abroad.

RESIDENCY REQUIREMENTS:  Unless a judge waives the fostering requirement, prospective adoptive parents must reside in Uganda with their prospective adoptive child for three years.


TIME FRAME:  Prospective adoptive parents should allow sufficient time to complete the necessary processing of the case both with the Ugandan High Court, and the U.S. Embassy.  The court process often takes at least three weeks from the initial court appearance, the execution of the adoption or legal guardianship decree, and the issuance of a court ruling. 

In September 2006, the U.S. Embassy in Kampala, Uganda assumed responsibilities for the processing of all immigrant visa adoption cases from Uganda .  Prospective adoptive parents planning travel to Uganda are strongly encouraged to contact the U.S. Embassy in Kampala well in advance of their anticipated arrival in Uganda.  This assists the Embassy in confirming that the required I-600A or I-600 approval packet has been received in Kampala, and in some cases allows the Embassy to commence the required I-604 orphan investigation before the prospective adoptive parents arrive in country.


ADOPTION AGENCIES AND ATTORNEYS:  There are no adoption agencies that provide adoption services in Uganda , although there are a number of nongovernmental organizations and interest groups that advocate for children's rights.  Some of these groups are encouraging Uganda 's ratification of the Hague Convention on Intercountry Adoption, and may also provide adoption-related information.  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 authority in the U.S. state where the agency is located or licensed.  Please also 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  UGANDA :  Court fees are less than $100.00 and may vary according to the number of documents that require notarization.  Attorney's fees can range from $500 to $2,000. The U.S. Embassy in Uganda discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in Uganda at risk.


ADOPTION PROCEDURES:  Foreign citizens wishing to adopt a child in Uganda are required to file a petition with the High Court of Uganda after they have identified a child they wish to adopt.  Prospective adoptive parents are required to appear in person, and the court requires that the local Probation and Social Welfare Officer overseeing the case submit a report with his/her recommendation.  In certain cases, the court may also request that other individuals or authorities submit a report in respect to the adoption petition.  For instance, in many cases orphanage directors are requested to submit information about children that were placed in their care.

Children who are 14 years old or older must consent to the adoption.  The consent of both biological parents, if known, must be obtained and may be withdrawn prior to the execution of the adoption order.  Under U.S. immigration law, if both biological parents for a child are living, they must independently release their child for adoption and emigration abroad, prior to U.S. prospective adoptive parents being identified.

Once the adoption is finalized, adoptive parents must register the adoption with the Registrar General’s Office in Kampala.  The Registrar General informs the Ugandan Ministry of Foreign Affairs of the adoption.  The Ministry of Foreign Affairs will maintain the adopted child’s records, which will remain available to the child.


Legal Guardianship and Final Adoption Abroad:  The Ugandan Government also permits foreign citizens to obtain legal guardianship of orphans and in some cases allows the child to emigrate from Uganda for full and final adoption abroad.  For U.S. citizens, this means the prospective adoptive child may qualify for an Immediate Relative 4 visa (IR-4) for the purpose of emigration and adoption in the United States .  In order to file for an IR-4 visa for the child, the legal guardianship order and the accompanying court ruling must state clearly that the High Court is aware of, and concurs with, the intention of the legal guardian to take the child out of Uganda for full and final adoption abroad.   Once the child immigrates to the United States, the legal guardians must file for adoption with a U.S. state court.


DOCUMENTS REQUIRED FOR ADOPTION IN UGANDA:  The following documents must be submitted to the Ugandan High Court:

1. Marriage certificate of adoptive parents;
   
2. Police clearances;
   
3. Proof of financial stability (e.g., tax returns and bank statements);
   
4. A report from the Probation and Social Welfare Officer, or a U.S. home study if the prospective parents do not reside in Uganda ;
   
5. The High Court of Uganda must issue an adoption order for the child to be adopted by the parent(s);
   
6. Assurance that the adoptive parent(s)’s country will respect and recognize the adoption order issued by the Ugandan Court.  (The U.S. Child and Citizenship Act of 2000 meets this requirement).

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  For more information on authenticating U.S. documents to be used abroad, please see the Judicial Assistance section of our website.


UGANDAN EMBASSY IN THE UNITED STATES:

Embassy of Uganda
5909 16th Street, N.W.
Washington, DC 20011
Telephone: (202) 726-7100
Facsimile: (202) 726-1727
Email: embassy@ugandaembassy.com

U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, U.S. Citizenship and Immigration Service publication The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.  Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600A, Petition to Classify Orphan as Immediate Relative and Form I-600, Petition to Classify Orphan as an Immediate Relative in the State Department flyer “How Can Adopted Children Come to the United States .”

Parents who do not have an approved I-600A must file their Form I-600 (Petition t Classify Orphan as an Immediate Relative) with the USCIS office having jurisdiction over their place of residence in the United States . In general, a parent who has an approved I-600A may file Form I-600 either in the U.S. or at a USCIS office in the country where the immigrant visa will be issued.   If there is no USCIS office in that country, the I-600 may be filed with the consular section of the U.S. Embassy or Consulate where the adoption case is being processed.


I-604 ORPHAN INVESTIGATION AT U.S. EMBASSY IN KAMPALA : Adoptive parents should contact the consular section at the U.S. Embassy in Kampala about scheduling the mandatory I-604 orphan investigation.  It is preferred that contact be established before the prospective adoptive parents depart the United States and arrive in Uganda .   Depending on the circumstances in individual cases, the orphan investigation can range from a document review and interview to a full field investigation by Embassy personnel.  When appearing for the I-604 orphan investigation the original adoption order (or legal guardianship order for the child to emigrate for full and final adoption abroad) must be presented.  In addition, the original court ruling issued in conjunction with the adoption order or legal guardianship order must also be presented to the U.S. Embassy Kampala.

The U.S. Embassy Kampala also requires that death certificates for the biological parent(s) be presented, and/or other documentary evidence that demonstrates the child’s orphan status such as orphanage records, statements from local government or hospital officials, Probation and Social Welfare Officer's report, etc.

The official birth certificate for the child should also be presented.  An official “long” birth certificate and death certificates for the biological parent(s) can be obtained at:

Ministry of Justice and Constitutional Affairs
Registrar General’s Chambers
Crane Chambers
2nd Floor
P.O. Box 7183
Kampala, Uganda
Telephone: 041 348 107
Fax:  041 348 107

U.S. EMBASSY IN UGANDA : 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, 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 U.S. Embassy Kampala, Uganda, is located at:

U.S. Embassy
Plot 1577 Ggaba Road
P.O. Box 7007, Kampala
Uganda
Telephone: 256 41 259 791/5
Fax: 256 41 258 451
Email:  KampalaUSCitizen@state.gov
Web site: http://kampala.usembassy.gov/  

APPLYING FOR AN IMMIGRANT VISA AT THE U.S. EMBASSY IN KAMPALA :  In September 2006, the U.S. Embassy in Kampala, Uganda assumed responsibility from the U.S. Embassy in Nairobi, Kenya for the processing of all immigrant visa adoption cases originating in Uganda .  Prospective adoptive parents will need to have first DHS/USCIS approve either a Form I-600, “Petition to Classify Orphan as an Immediate Relative”  (http://uscis.gov/graphics/formsfee/forms/i-600.htm) or a Form I-600A, “Application for Advance Processing of Orphan Petition” (http://uscis.gov/graphics/formsfee/forms/i-600a.htm), in the United States . 

If legally resident in Uganda, prospective adoptive parents should call the Nairobi DHS-USCIS office at 254 020 363 6111 for information on how to file the I-600A or I-600.   The Consular Office at the U.S. Embassy in Kampala may also receive and forward to USCIS Nairobi I-600A and I-600 petitions for Americans resident in Uganda.

If adoptive parents already have a USCIS-approved I-600A form, then they should file the I-600, “Petition to Classify Orphan As an Immediate Relative,” with the consular section of the U.S. Embassy in Kampala.  The U.S. Embassy Kampala will review the I-600 and if clearly approvable will adjudicate the I-600 and conduct the required I-604 orphan investigation.  The adoptive parents can then apply for an immigrant visa on behalf of the child at the U.S. Embassy in Kampala.  If the U.S. Embassy Kampala determines that the I-600 petition is not clearly approvable then the petition will be forwarded to the applicable USCIS office for adjudication.

As part of the immigrant visa process the child should undergo a standard immigrant visa physical examination conducted by U.S. Embassy Kampala’s panel physician.   Applicants should schedule the physical examination directly with:

The Surgery
Acacia Avenue
Plot 1577 Ggaba Road
P.O. Box 7007, Kampala
Uganda
Tel: 256 41 259 791/5
Fax: 256 41 258 451

When appearing for the immigrant visa interview the applicant should present:

• A valid passport, valid for at least six months beyond the expected date of travel;
  
• Two color photos, 2 x 2 inches square, full-face on an off-white background.  Face must cover 50 percent of the photo and the hairline and ears should be visible;
  
• A completed DS-230 immigrant visa application, available online at: http://www.travel.state.gov/visa/frvi/forms/forms_1342.html;
  
• An I-864 Affidavit of Support completed and signed by the petitioner, available online at:  www.uscis.gov (under forms);
  
• The petitioner’s most recent income tax return, and if applicable, other financial evidence demonstrating the ability of the petitioner(s) to provide for the immigrant as detailed in the I-864 instructions.

ACQUIRING U.S. CITIZENSHIP:  Please see the Child Citizenship Act of 2000 for further information on acquisition of U.S. citizenship for adopted children.

ADDITIONAL INFORMATION:

• U.S. Department of State Office of Overseas Citizens Services - For information on intercountry adoption and international parental child abduction, and security information for U.S. citizens traveling abroad, call Toll Free 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. EST/EDT, 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 - For information on immigrant visas for adopted orphans, call (202) 663-1225. Press 1 for additional information on visas, and press 0 to speak to a Visa Information Officer, available 8:30 a.m.  - 5:00 p.m. EST/EDT, Monday through Friday (except Wednesdays 11 a.m. - 12:00 noon)
• U.S. Citizenship and Immigration Services (USCIS) - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
• National Visa Center (NVC) Public Inquiries (603) 334-0700, Email: nvcinquiry@state.gov .
• 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 flyer. 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 CSI 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 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.
• USCIS web site