INTERCOUNTRY ADOPTION


TUNISIA



June 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. 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: The U.S. Embassy in Tunis has been informed that Law No. 58-27, Articles 8 to 16, covers Tunisian adoptions. The law contains no nationality or religious requirements but in practice Tunisian judges have generally held that prospective adoptive parents must be Muslim and of Tunisian descent.  Usually, they will only grant adoptions to Muslims who are living in Tunisia or an Islamic Arab country and who have some family ties to Tunisia.

A foreign country’s determination that the child is an orphan does not guarantee that the child will be considered an orphan under the U.S. Immigration and Nationality Act. For more specific information on adoption in Tunisia, please contact an attorney familiar with Tunisian laws or the Embassy of Tunisia in Washington, D.C. http://tunisiaembassy.org/.


PATTERNS OF IMMIGRATION OF TUNISIAN ORPHANS TO THE UNITED STATES:
Recent U.S. immigration visa statistics reflect the following pattern for visa issuance to Tunisian orphans:


Fiscal Year       Number of Immigrant Visas Issued

FY 2006                                     4
FY 2005                                     2
FY 2004                                     0
FY 2003                                     0
FY 2002                                     1


ADOPTION AUTHORITY IN TUNISIA:
Institut National de la Protection de l’Enfance
2010 Manoubia
Tunis, Tunisie
Tel : (216) 71-606-938 or 71-606-890


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:

  1. The prospective adoptive parents must be at least 20 years of age, married and not legally barred from adoption.
  2. Divorced or widowed individuals may not adopt without the express consent of a judge.
  3. Single individuals or common-law partners may not adopt.
  4. Prospective adoptive parents must be at least 15 years older than the child.
  5. Prospective adoptive parents must be able to prove they have sufficient revenue to support the child.

As noted above, it is extremely rare for foreigners to be allowed to adopt in Tunisia.  Tunisian judges have generally held that prospective adoptive parents must be Muslim and of Tunisian descent.  Usually, they will only grant adoptions to Muslims who are living in Tunisia or an Islamic Arab country and who also have some family ties to Tunisia.


TIME FRAME:

  • One month for review of submitted documentation by the Institut National de la Protection de l’Enfance
  • “Undetermined” amount of time for review of file by psychologists and other authorities (estimated time: 1-2 months)
  • 3 months of visits by the Institut National to the home of the potential parents to make sure the home is ready for the child
  • 3 months of visits by the Institut National to the home of the potential parents after the child has been placed there


ADOPTION AGENCIES AND ATTORNEYS:  There are no adoption agencies operating in Tunisia.  However, U.S. citizen prospective adoptive parents of a Tunisian orphan may choose to employ the services of an adoption agency or attorney to assist them with the U.S. immigration portion of the process.  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 seeImportant Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.


ADOPTION FEES IN COUNTRY: There are no Tunisian government fees for processing an adoption case.


ADOPTION PROCEDURES: A completed adoption file containing the documents listed below may be mailed or hand-delivered to the Institut National de la Protection de l’Enfance at:

Institut National de la Protection de l’Enfance
2010 Manoubia
Tunis, Tunisie

Prospective adoptive parents should expect to wait to hear back from the agency as the Institut carries out the steps listed in the “Time Frame” section above. 


DOCUMENTS REQUIRED FOR A TUNISIAN ADOPTION:

  • Petition to adopt a child signed by the prospective adoptive parents
  • Marriage certificate  (or death or divorce certificate where applicable)
  • 4 prepaid envelopes
  • Birth certificates of both prospective adoptive parents
  • A copy of Tunisian social security card
  • 2 photographs of each prospective adoptive parent
  • Police certificates of both prospective adoptive parents
  • Medical certificates of both prospective adoptive parents
  • Proof of revenue

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.


TUNISIAN EMBASSY IN THE UNITED STATES:

Embassy of Tunisia
1515 Massachusetts Avenue, NW
Washington, D.C. 20005
Phone: (202) 862-1850
Fax: (202) 862 1858


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. The Department of State publication International Adoptions can be found on the Bureau of Consular Affairs web site, travel.state.gov, under “Intercountry 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.


U.S. EMBASSY IN TUNISIA: 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 is located at:

U.S. Embassy Tunis
1053 Les Berges du Lac
Tunis, Tunisia
Phone: +216 71-107-000
Fax: +216 71-964-360
Email: ConsularTunis@state.gov
Hours: 8:00 a.m. to 4:30 p.m.


APPLYING FOR AN IMMIGRANT VISA FOR A TUNISIAN ORPHAN:  Adoption cases must be scheduled in advance by e-mailing the consular section of the U.S. Embassy in Tunis at consulartunis@state.gov or telephoning (216) 71-107-000.  The consular section is open for routine services for U.S. citizens Monday through Friday, from 8:00 a.m. to 4:00 p.m. 

NOTE: Following the consular officer’s interview with the adoptive parents, the U.S. Embassy in Tunis generally takes 24 hours to issue an orphan immigrant visa


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 Tunisia may be addressed to the U.S. Embassy in Tunis.  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 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: 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