U.S. Department of State

U.S. Department of State
 
 

INTERNATIONAL ADOPTION

LIBERIA

October 2004

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.

PLEASE NOTE: There is currently a travel warning for Liberia. Please consult the Consular Affairs web site at http://travel.state.gov for current information.

The Liberian Ministry of Health has informed the U.S. Embassy in Monrovia that effective October 15, 2004, adoptive families must obtain a letter from the Ministry of Health approving the adoption of a specific child.  This is in addition to obtaining a Relinquishment (guardian or caretaker of child being adopted) and Adoption Decree (Liberian Court).  The U.S. Embassy is seeking clarification as to whether or not adoption cases that began in good faith prior to October 15 will be grandfathered.  This site will be updated as more information becomes available.

GENERAL: The following is a guideline for U.S. citizens who are interested in adopting a child in Liberia and applying for an immigrant visa for the child to come to the United States. This process involves complex Liberian 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 parents(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Liberia 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.

AVAILIBILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

FY-1996: IR-3 immigrant visas issued to Liberian orphans adopted abroad - 3
IR-4 immigrant visas issued to Liberian orphans adopted in the U.S. - 0
FY-1997: IR-3 Visas - 29, IR-4 Visas - 5
FY-1998: IR-3 Visas - 6, IR-4 Visas - 1
FY-1999: IR-3 Visas - 14, IR-4 Visas - 0
FY-2000: IR-3 Visas - 21, IR-4 Visas - 4

LIBERIAN ADOPTION AUTHORITY: The government office responsible for adoptions in Liberia is the Ministry of Justice. All petitions for adoptions are filed in the Probate Court, which issues a decree of adoption if all legal requirements are met.

LIBERIAN ADOPTION PROCEDURES: All adoptive parents recently go through an adoption agency in the U.S. prior to going through the adoption process. A petition for the adoption must be filed with the Probate Court. The petition must contain the name, age, residence, and martial status of the petitioners. The name, date and place of birth of the child, the date and manner in which the petitioners acquired custody of the child, facts (if any) that render consent of either parent unnecessary, the petitioners' desire to adopt the child, and the child's change of name, should also be contained in the petition. The court will also require written consent by the biological parents. If the child was born in wedlock, the consent of both parents is required. If the child was born out of wedlock, only the mother must consent. If the child is 16 years of age or older, only the child needs consent to the adoption. Please note that a child who is 16 years old or older is not considered a "child" by the Immigration and Nationality Act and therefore may be ineligible to immigrate to the United States. Parental consent is not required if the parents have abandoned the child, if the parental rights have been legally terminated, if the parents are deceased, or if a legal guardian has been appointed. The biological parents, during the proceedings, may withdraw consent. However, the court must permit the withdrawal of consent. Consent is irrevocable after the final order of adoption.

Following the filing of the petition, the court serves notice on all interested parties and orders an investigation by an investigator, who is appointed by the court. A written report of the investigation must be filed with the court within 30 days of issuance of the investigation order. Upon receipt of the investigation, the Court schedules the hearing and serves notice on all interested parties. The petitioners and children are required to attend the hearing. The court may waive the appearance of the child for good cause. This waiver must be stated in the order of adoption. All hearings are confidential and held in closed court. The court must be satisfied that the "moral and temporal interests" of the child will be satisfied by the adoption. Upon this showing, the adoption is ordered. The court can process the adoption as fast as they want.

AGE AND CIVIL STATUS REQUIREMENTS: Any adult may adopt children. There are no marriage requirements or specific age requirements. Any minor child present within Liberia may be adopted. The place of birth and residence are irrelevant of the adoptive parent.

ADOPTION AGENCIES AND ATTORNEYS: The U.S. Embassy maintains a list of qualified attorneys. The Embassy does not maintain a list of adoption agencies and can not recommend the services of any private attorney or adoption agency.

DOCTORS: The U.S. Embassy maintains current lists of doctors and sources for medicines, should either you or your child experience health problems while in Liberia.

LIBERIAN DOCUMENTARY REQUIREMENTS:

  • Petition for adoption
  • Written consent of the biological parents acknowledged before an officer of the court (normally the Justice of the Peace)

There are no documents required within the laws concerning adoption. Normal paperwork such as a passport, and birth certificate may be needed as required by the court in a case-by-case basis. The parents will also need these documents required for the IV process.

U.S. IMMIGRATION REQUIREMENTS

A Liberian child adopted by an American citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

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 in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Monrovia, Liberia. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Monrovia, Liberia 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.

U.S. IMMIGRATION 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 Monrovia, Liberia .

Detailed information about filing these forms can be found on BCIS's web site at http://www.uscis.gov. Americans who have adopted or hope to adopt a child from Liberia should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Monrovia, Liberia 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. This investigation is performed by a consular officer at the time of the child's immigrant visa interview.

LIBERIAN EMBASSY (and Consulates) IN THE UNITED STATES:
Embassy of the Republic of Liberia
5303 Colorado Ave, NW
Washington, DC 20011
Tel: (202) 723-0437

Liberia also has a consulate in New York, New York.

U.S. EMBASSY LIBERIA:
Street Address
U.S. Embassy Liberia
111 United Nations Drive
Mamba Point
Monrovia, Liberia

Mailing Address
U.S. Embassy Monrovia
Consular Section
U.S. Department of State
8800 Monrovia Place
Washington, DC 20521-8800
Tel: (231) 226-370 ext. 1490

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 Liberia may be addressed to the Consular Section of the U.S. Embassy in Monrovia, Liberia. 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, telephone (202) 736-7000 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, (202) 736-7000.- 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.

BCIS web site- http://www.uscis.gov

Other information:
Consular Information Sheets - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports.