INTERCOUNTRY ADOPTION


CONGO, REPUBLIC OF THE
 
August 2007

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. 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.

IMPORTANT NOTE:   American citizens adopting from the Republic of Congo will need to travel to both the Republic of Congo and neighboring Democratic Republic of Congo.  Despite the similarity of names, these are two different countries, each with a U.S. Embassy.  The adoption will take place in Republic of Congo, in keeping with the laws and procedures outlined in this flyer.  The U.S. immigrant visa interview for the child will take place at the U.S. Embassy in the Democratic Republic of Congo, since that office processes immigrant visa cases for children from both countries.  American citizens considering adopting from the Republic of Congo should ensure in advance that they have any/all visas and other travel documentation for both countries.
It should also be noted that there are currently no physicians or medical clinics in Congo Brazzaville authorized to perform the mandatory medical clearance examination for prospective adoptive children.  All medical clearance examinations must be performed in Kinshasa where the current wait time for such appointments is approximately 4-6 weeks.  The Embassy in Kinshasa will assist prospective adoptive parents with obtaining an expedited medical exam but cannot guarantee the availability of expedited processing.

PATTERNS OF IMMIGRATION OF ORPHANS FROM THE REPUBLIC OF CONGO TO THE UNITED STATES: Recent statistics reflect that only seven orphans from the Republic of Congo have received U.S. immigrant visas within the last five fiscal years.

ADOPTION AUTHORITY IN REPUBLIC OF CONGO: The Civil Magistrate’s Court has jurisdiction over adoptions. Mailing addresses do not exist as there is no reliable mail service.  Local attorneys have current contacts in the courts.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Prospective adoptive parents (PAPs) may be married, single, widowed or divorced.  For the last three categories, the adoptive parent must be at least 35 years old.  In the case of couples, they must have been married for at least five years, be living in the same household, and at least one spouse must be over 30 years old.  All PAPs must be able to demonstrate to the court that the child will benefit from the adoption and that they have no criminal record or other characteristics that would make them unsuitable as parents.  The age difference between the parent(s) and the child must be at least 20 years, except in the case of adoption of a spouse’s child, where the age difference need only be 10 years.  The court does consider exceptions to the age difference requirement on a case-by-case basis.  In the cases of children over 15 years old, the child must agree to the adoption. Where the adoptive child is not an orphan, parental or family agreement is necessary (please note, however, that in order to qualify for immediate immigration to the United States, the adoptive child must meet the definition of orphan as defined by the Immigration and Nationality Act of 1952, as amended).

RESIDENCY REQUIREMENTS: Prospective adoptive parents do not need to be permanent or long-term residents of the Republic of Congo.
 TIME FRAME:   The court process normally takes several weeks. Processing a Congolese passport application for the child (needed for international travel as well as the U.S. immigrant visa process) takes an additional one to two weeks.  Once the adoptive child’s immigrant visa has been approved, it is usually issued within 48 to 72 hours.  Prospective adoptive parents therefore should not make reservations to depart the ROC on the same day as the immigrant visa interview.
Prospective adoptive parents should remember that all visa processing is done in Congo Kinshasa and all parties must be physically present in Kinshasa for the visa interview.


ADOPTION AGENCIES AND ATTORNEYS:   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.  http://kinshasa.usembassy.gov/attorneys_in_congo.html

ADOPTION FEES IN COUNTRY: 10,000 CFA (about $20) is due with the initial adoption request and a fee of 46,000 CFA (about $92) is due once the court decision is given.  Lawyer fees can range from $1,000 to $2,500.  Fees can be kept to a minimum if, prior to the first consultation, adopting parents secure any required documents such as birth, death, marriage and relevant court records on their own.

ADOPTION PROCEDURES:   First, the letter of request to adopt and the child’s birth certificate is submitted to the office of the President of the Magistrate’s Court.  The court will conduct an investigation and render a decision regarding the adoption at a public hearing.

DOCUMENTS REQUIRED FOR ADOPTION IN COUNTRY:
  • Letter of request to adopt;
  • Proof of adequate financial resources;
  • Proof of country of residency;
  • Birth certificate of the child; and
  • Parental authorization or, in the case of an orphan, court authorization.

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.


REPUBLIC OF CONGO’S  EMBASSY AND CONSULATE(S) IN THE UNITED STATES:

Embassy of the Republic of Congo
4891 Colorado Ave., NW
Washington, DC  20011
Telephone: (202) 726-5500

Permanent Mission of the Republic of Congo to the United Nations
14 E. 65th Street
New York, NY 10021
Telephone: (212) 744-7840


U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.  The USCIS publication is available at the USCIS web site.

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” . 


U.S. EMBASSY IN REPUBLIC OF CONGO: 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 U.S. Embassy in Brazzaville has limited operations at this time. Consular staff is available in Brazzaville for questions via email at consular.brazzaville@state.gov or by visiting the Embassy’s offices on the 4th floor of the B.D.E.A.C. (Banque de Développment des Etats de l’Afrique Centrale) building in the morning on Mondays and Fridays.

Note: Since there is no U.S. Consulate in Republic of Congo, consular staff is available to answer questions and set appointments for eventual immigrant visa processing at the U.S. Embassy in Kinshasa, Democratic Republic of the Congo.  (Important Note:  Despite the similarity of names, these are two different countries, each with a U.S. Embassy.  American citizens considering adopting from the Republic of Congo should ensure in advance that they have the appropriate visas needed for travel to both countries.)


APPLYING FOR A VISA AT THE U.S. EMBASSY IN KINSHASA:   Adoptive parents of a child from Republic of Congo must file a Form I-600 (also known as a Petition to Classify an Orphan as an Immediate Relative) along with other supporting documents.  In addition, they need to present the original of the complete adoption decree from the Congolese court.

Note:  Certificates of “Guardianship,” often used in Congo, do not constitute a legal adoption and will not suffice for U.S. immigration requirements. According to ROC family law, there is a distinction between guardianship and adoption.  The point being made here is that , according to ROC law, they are not one and the same leading us to the conclusion that if the ROC does not attribute legal adoption status with guardianship then US immigration law does not either.

Pre-approved adoptive parents (i.e., those with a valid I-600A and fingerprints) whose cases are clearly approvable and who are eligible to submit an I-600 petition at the consular section in Kinshasa, will be scheduled for an interview within one to two weeks, and based on the availability of medical exam results.  If the consular officer finds the I-600 petition not clearly approvable, s/he must send it to the U.S. Department of Homeland Security (U.S. Citizenship and Immigration Service; USCIS) office in Nairobi, Kenya for additional review.

If the adoptive or prospective adoptive parents have filed their I-600 petition with a USCIS office in the United States, that office will send the petition (if approved) to the U.S. Embassy in Kinshasa.  In such cases, it may take up to one week to schedule the adoption immigrant visa interview. 

The Consular Section schedules all interviews for adoption cases.  Interviews are held on Tuesday and Wednesday afternoons at 2 p.m.   Once the immigrant visa is approved, it will normally be issued within 48 to 72 hours.


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 the Republic of Congo may be addressed to the U.S. Embassy in Brazzaville.  Questions about orphan immigrant visa processing for children from the Republic of Congo should be directed to the U.S. Embassy in Kinshasa.  General 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 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 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