U.S. Department of State

U.S. Department of State
 
 

INTERNATIONAL ADOPTION

SUDAN

June 2001

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.

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 licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Sudan and applying for an immigrant visa for the child to come to the United States. This process involves complex Sudanese 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 Sudan 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 visa issuance to orphans:

FY-1996: IR-3 immigrant visas issued to Sudanese orphans adopted abroad - 0
IR-4 immigrant visas issued to Sudanese orphans adopted in the U.S. - 0
FY-1997: IR-3 Visas - 1, IR-4 Visas - 0
FY-1998: IR-3 Visas - 0, IR-4 Visas - 0
FY-1999: IR-3 Visas - 0, IR-4 Visas - 0
FY-2000: IR-3 Visas - 1, IR-4 Visas - 0

SUDANESE ADOPTION AUTHORITY: There is no central government office responsible for adoptions in Sudan. Each case is handled by the local Social Services Supervisor of the Governate for the Province.

SUDANESE ADOPTION PROCEDURES: Adoption in Sudan is governed by the Child Care Act of 1971. Adoption is not allowed for Moslem children, but may be allowed for non-Moslem children, in so as far as the religious laws of the child's denomination allow. Please note that a child whose religion is unknown is automatically considered to be Moslem.

Sudanese Law also allows for a court appointed "Caretaker" (similar to a legal guardian in the United States) to oversee the welfare and upbringing of a child until he or she reaches legal majority (21 years of age). Caretakers may be assigned for both Moslem and non-Moslem children, but they must be of the same religion as the child.

Applications for "Caretaker" or adoptive parent status must be initiated with the Social Services Supervisor of the Governate for the Province where the child lives. If it decides to support the application, the Governate will then refer the application to Civil Court.

Once custody is granted, there is a probationary period of one year wherein the Social Services Supervisor must conduct regular visits. After the year is over, the caretaker or adoptive parent may return to the court to request permanent custody of the child until he/she reaches the age of majority. In certain exceptional circumstances, it is possible to reduce the probationary period with the approval of the Governor of the Province where the child resides.

The caretaker or adoptive parent must request the approval of the social worker in cases where there is a change of residence within Sudan. They must also secure the approval of the Governor for the Province where the child resides if they wish to take the child out of the country.

AGE AND CIVIL STATUS REQUIREMENTS: To qualify as a caretaker or adoptive parent, the applicant must be between 30 and 50 years of age, with a good reputation and behavior. Unmarried men are not eligible. Children over 14 years of age may not be placed in the custody of a caretaker or adoptive parent.

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 Sudan.

SUDANESE DOCUMENTARY REQUIREMENTS: Specific documentary requirements vary from Governate to Governate. Prospective caretaker or adoptive parents should contact the local Social Services Supervisor directly.

U.S. IMMIGRATION REQUIREMENTS

A Sudanese 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 Cairo. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Cairo 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 Cairo .

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 Sudan should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Cairo 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.

SUDANESE EMBASSY IN THE UNITED STATES:
Embassy of the Republic of Sudan
2210 Massachusetts Ave., NW
Washington, DC 20008
Tel: (202) 338-8565 to 8570

U.S. EMBASSY IN SUDAN: The U.S. Embassy in Khartoum was never closed but it does not provide regular consular services. However, a consular officer based in Cairo, Egypt makes periodic visits to Sudan. The officer can be contacted via the Consular Section in Khartoum or directly at the U.S. Embassy in Cairo.

U.S. Embassy Khartoum
Consular Section
Sharia Ali Abdul Latif
Khartoum, Sudan
Tel: (249)(11) 774-700
Fax: (249)(11) 774-137

U.S. Embassy Cairo
Sudan Affairs
Consular Section
Garden City
Cairo, Egypt
Tel: (20)(2) 797-2770
Fax: (20)(2) 797-2472
E-mail: consularcairo@state.gov.

Additional information on consular services available in Sudan may be found on the U.S. Embassy Cairo web site: http:// usembassy.egnet.net/sudan.htm.

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 Sudan may be addressed to the Consular Section of the U.S. Embassy or Consulate in Sudan. 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.

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.