U.S. Department of State

U.S. Department of State
 
 

INTERNATIONAL ADOPTION

COTE D'IVOIRE

March 2002

DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

GENERAL: The following is a guideline for U.S. citizens who are interested in adopting a child in Côte d'Ivoire and applying for an immigrant visa for the child to come to the United Sates. This process involves complex foreign and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parent(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Côte d'Ivoire before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visas issued to orphans:

FY-1997: IR-3 immigrant visas issued to Ivoirian orphans adopted abroad - 0
IR-4 immigrant visas issued to Ivoirian orphans adopted in the U.S. - 0
FY-1998: IR-3 Visas - 0, IR-4 Visas - 0
FY-1999: IR-3 Visas - 1, IR-4 Visas - 11
FY-2000: IR-3 Visas - 0, IR-4 Visas - 1
FY-2001: IR-3 Visas - 0, IR-4 Visas - 2

IVOIRIAN ADOPTION AUTHORITY: The government offices responsible for adoption in Côte d'Ivoire are the Ministry of Health and Social Welfare and the Ministry of Justice. All requests are submitted to the Court of Justice for final review, and if approved, issuance of an Adoption decrees.

IVOIRIAN ADOPTION PROCEDURES: Persons interested in adopting in Côte d'Ivoire must first identify a child available for adoption. This can be done with the assistance of the Ivoirian Department of Social Welfare, or by contacting directly the administration of an orphanage. There are many orphanages in Côte d'Ivoire, but not all children in the orphanages are available for adoption.

Once the adoptive parent(s) has identified a child who meets his/her criteria, the orphanage's administrator transmits the case to the Department of Social Welfare, which will conduct a home study. Upon completion of the home study, the Department drafts its recommendation based on the outcome and forwards the file to the court for adjudication. A first hearing is scheduled by the "Judge of Guardianship" to verify the circumstances and ascertain the intent for adoption expressed both by the biological and adoptive parent(s). After a satisfactory review, a second hearing is scheduled wherein the judge issues a preliminary decree called "Ordonnance de Garde Juridique en vue d'Adoption." A final adoption request may be introduced by the adoptive parents upon the completion of a compulsory six-month period during which they have lived with the adopted child. Therefore, in light of the above requirements (home study and integration period), the court expects the prospective adoptive parent(s) to establish residency in Côte d'Ivoire.

AGE AND CIVIL STATUS REQUIREMENTS: Ivoirian adoption law states that the prospective parent(s) must be at least 30 years old, and at least one must be 15 years older than the adoptive child. A prospective adoptive couple may be eligible if married for at least 5 years and both spouses must expressly consent to the adoption.

ADOPTION AGENCIES AND ATTORNEYS: There are no private adoption agencies in Côte d'Ivoire. All adoption matters are processed through the channel of the Ministry of Health and Social Welfare and the Ministry of Justice, and their respective agencies. The Consular Section of the U.S. Embassy maintains a list of attorneys fully qualified to handle all legal aspects of international adoptions. The Embassy cannot recommend the services of any private attorney.

IVOIRIAN DOCUMENTARY REQUIREMENTS: The documentary requirements for foreign adoptions in Côte d'Ivoire are as follows:

  • The prospective parent(s) should address a written request either to the Ministry of Health and Social Welfare or directly to the court having jurisdiction if the child has already been identified. In the request, the adoptive parent(s) must give the reasons for their desire to adopt and must indicate the age and the gender of the child;
  • Birth certificates of the adoptive parent(s);
  • Marriage certificate for married couple;
  • Proof of income;
  • Medical certificate confirming sterility if this is the basis for adoption;
  • Recommendation of the social welfare service of the local administration following a home study at the place of residence, with details about the prospective adoptive parents, history of their marriage, living conditions, family and personal motivation for adoption, and income;
  • Consent for adoption in writing with the signature(s) of the biological parent(s), if known, duly attested by a Notary Public.

AUTHENTICATION PROCESS:
All documents above must be authenticated. Generally, U.S. civil records, such as birth, death, and marriage certificates must bear the seal of the issuing office. Then it must be authenticated by the state's Secretary of State in your state capital, then by the U.S. Department of State Authentication's office and then by the Cote D'Ivoire Embassy or Consulate in the United States. Check with the Cote D'Ivoire Consulate in the U.S. with jurisdiction over your state to see what seals and signatures the Consulate can authenticate. It may be possible to eliminate some of the steps if the Consulate has the seal of the local issuing authority on file.

Tax returns, medical reports and police clearances should likewise be authenticated, beginning with the seal of notary public in the United States or some appropriate issuing office. The county clerk where the notary is licensed or some similar authority should authenticate the notary's seal. The document should then be authenticated by the state Secretary of State; (in your state capital) the U.S. Department of State Authentication's Office, and the Cote D'Ivoire Embassy or Consulate.

U.S. IMMIGRATION REQUIREMENTS

An Ivoirian child adopted by an U.S. citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. The child must be an orphan, as defined by U.S. immigration regulations. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by a U.S. Citizen. The Department of State encourages U.S. citizens to verify that a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. There are two distinct categories of immigrant visas available to children adopted by U.S. citizens. A detailed description of the orphan definition used by BCIS is described below and can also be found on the BCIS web site at http://www.uscis.gov.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) having jurisdiction over their place of residence. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Abidjan. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Abidjan for more information.

An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

  • The adoptive or prospective adoptive parent must be an American citizen;
  • The child must be under the age of 16 at the time an I-600 Petition is filed with the BCIS on his or her behalf;
  • If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;
  • If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;
  • The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by BCIS can be found on BCIS's web site at http://www.uscis.gov.

VISA PETITION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Abidjan.

Advance Processing Procedures

  • Approved Form I-600A (Application for Advance Processing of Orphan Petition),
  • Proof of the prospective petitioner's United States citizenship,
  • Proof of the marriage of the prospective petitioner and spouse, if applicable,
  • Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable,
  • A "home study" completed by the appropriate State organization with a favorable
    recommendation
  • Filing fee of U.S. $460.00

The I-600 is filed at the U.S. Embassy in Abidjan after an adoptive parent has legal custody of a child. If an I-600A has already been approved, there is no fee. However, if parents are adopting two or more biologically unrelated children, there will be a $332 fee for the second child.

Orphan Petition Procedures

  • Form I-600, Petition to Classify Orphan as an Immediate Relative,
  • Proof of the orphan's age,
  • Death certificate(s) of the orphan's parent(s), if applicable,
  • Proof that the orphan's sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan only has one parent,
  • A final decree of adoption, if the orphan has been adopted abroad,
  • Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage,
  • Proof that the pre-adoption requirements, if any, of the state of the orphan's proposed residence have been met, if the orphan is to be adopted in the United States.

Detailed information about filing these forms can be found on BCIS's web site at http://www.uscis.gov. U.S. who have adopted or hope to adopt a child from Venezuela should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Venezuela as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an BCIS office in the US.

II. The Orphan Investigation

One part of the petition process that BCIS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. A consular officer performs this investigation at the time of the child's immigrant visa interview.

DOCTORS: The U.S. Embassy maintains current list of doctors, should either you or your child experience health problems while in Côte d'Ivoire.

IVOIRIAN EMBASSY IN THE UNITED STATES:
Embassy of the Republic of Côte d'Ivoire
2424 Massachusetts Ave, NW
Washington, D.C. 20008
Tel: (202) 797-0300

U.S. EMBASSY IN COTE D'IVOIRE:
U.S. Embassy Abidjan
Consular Section
5 Rue Jesse Owens
01 BP 1712, Abidjan 01
Côte d'Ivoire
Tel: (225) 20-21-09-79, Ext. 6594
Fax: (225) 20-22-45-23
Hours: 8:00 AM to 5:00 PM

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as, the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Côte d'Ivoire may be addressed to the Consular Section of the U.S. Embassy in Côte d'Ivoire. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, Tel: 1-888-407-4747 with specific questions.

Information is also available 24 hours a day from several sources:

Telephone

Office of Children's Issues - recorded information regarding changes in adoption procedures and general information, 1-888-407-4747

State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225

Bureau of Citizenship and Immigration Services in the Department of Homeland Security - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet - the Consular Affairs web site, at http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

Other information:

Consular Information Sheets - The State Department has general information about hiring a foreign attorney and authenticating documents which may supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets (CIS's) 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 CIS for that country, the State Department may issue a Public Announcement 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 at (202) 647-5225.