4.  Adopt the Child (or Gain Legal Custody) in the Democratic Republic of Congo

The process for finalizing the adoption (or gaining legal custody) in the Democratic Republic of Congo generally includes the following:

• ROLE OF THE ADOPTION AUTHORITY: Although the Ministry of Justice has jurisdiction over adoptions, individual cases are handled by the Tribunal de Paix in the region where a prospective adoptive child resides.  Mailing addresses do not exist as there is no mail service. Attorneys have current contacts at appropriate courts.
• ROLE OF THE COURT: The court requires consent to the adoption before granting a judgment.  Biological parents, or appointed guardians, must give their consent, if applicable.  If no family members or guardians are identified, the court will determine consent.  Any child over the age of 15 must give his or her own consent.  REMEMBER that U.S. immigration law states that only orphans under the age of sixteen are eligible for immigrant visas.  Sixteen and seventeen year olds are eligible only when adopted at the same time as a sibling who is under 16 years of age.
  
  After obtaining the proper consent, the prospective adoptive parents request a hearing in open court at the Tribunal de Paix in the area where the child resides.  Parents must submit copies of their birth certificates and the birth certificate of the prospective adoptee.  The court will require proof that any and all interested family members of the child have been informed of the adoption and have received notice of the court hearing.  The adoptive parents and prospective adopted child (if over age 10) must appear personally in court before the judge.  After the initial hearing, the court conducts an investigation to determine that all conditions for placement or final adoption have been met and that all documents are legitimate.  Adopting parents are not required to remain in Democratic Republic of Congo after the hearing while waiting for the judgment.
  
  Once the investigation is completed and all requirements have been satisfied, the court will issue a judgment of adoption.  The date of the adoption will be retroactive to the date of the first court appearance.  The adopted child’s name on the judgment will incorporate his/her original name along with the newly adopted family name.  At the time of adoption, choices concerning citizenship will be made by the adoptive parent (in the case of minors) or by the adoptee (if 18 years or older).  The adoptive parents must register the judgment at the local city hall or magistrate within one month or the adoption is null and void.  This is done either where the adoptive parents live (if they live in the Democratic Republic of Congo) or where the child resides (if the adoptive parents do not live in the Democratic Republic of Congo).
• ROLE OF ADOPTION AGENCIES: There are no adoption agencies in Democratic Republic of Congo, however, orphanages must be licensed or accredited by the Congolese government.  It is customary and accepted practice to engage Congolese lawyers to carry out adoption proceedings.  Lawyers are automatically accredited by the government by virtue of their professional training.  The U.S. Embassy in Kinshasa maintains a list of attorneys known to work with U.S. citizens on its web site:  http://kinshasa.usembassy.gov/attorneys_in_congo.html.  This list does not imply an endorsement of specific attorneys by the Embassy.
• ADOPTION APPLICATION: Prospective parents apply for permission to adopt by sending a letter to the Tribunal de Paix in the region where the child resides.  Postal delivery is very limited, so a letter should be sent by messenger or delivered by hand.  There is no application form.  The Judge from the Tribunal de Paix approves foreign adoptive parents for adoption.
• TIME FRAME: It can take from a minimum of three months to a maximum of one year to complete the adoption process from child placement to visa issuance.
• ADOPTION FEES: Court fees for an adoption case average between USD $100 and $300.  Lawyer fees can range from USD $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.
• DOCUMENTS REQUIRED: The adopting parents must submit copies of their own birth certificates, the birth certificate of the prospective adoptive child, police certificates from the adoptive parents place of birth and attestations of good conduct from their city hall or local embassy or consulate. 
  
  NOTE:  Additional documents may be requested.  If you are asked to provide proof that a document from the United States is authentic, we can help.  Learn how. 

5.  Apply for the Child to be Found Eligible for Orphan Status

After you finalize the adoption (or gain legal custody) in the Democratic Republic of Congo, the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) MUST determine whether the child is eligible for orphan status as defined by U.S. immigration law.  Learn how. 


6.  Bring Your Child Home

Now that your adoption is complete (or you have obtained legal custody of the child), there are a few more steps to take before you can head home.   Specifically, you need to apply for several documents for your child before he or she can travel to the United States:

Birth Certificate
You will first need to apply for a new birth certificate for your child, so that you can later apply for a passport.  Your name will be added to the new birth certificate.  Congolese birth certificates may be obtained at the commune of birth of the child.  

Adoptive parents are advised that Embassy Kinshasa does not accept “Attestation de Naissance” for immigration purposes because the “Attestation de naissance” is simply a report of birth used for administrative purpose.  It has no juridical value and its validity is 3 months.

            We do accept the following civil documents as proof of birth:

o    The “Acte de naissance” which is a genuine birth document needs to be issued within 30 days of the birth and its validity is for lifetime.  In case the “Acte de naissance” was not issued within 30 days, the applicant needs to get a “jugement supplétif” from the court having jurisdiction over his/her place of residence.  The jugement will help the applicant obtain a valid birth certificate.

o    “Extrait d’Acte de Naissance” is a genuine birth document and is also accepted, it is issued for lost/stolen “Acte de Naissance”

Congolese Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from the Democratic Republic of Congo.

You should go to the Ministry of Foreign Affairs in order to apply for a Congolese passport for the adoptive child.

U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child, you also need to apply for an U.S. visa for your child from the United States Embassy in Kinshasa.  This immigrant visa allows your child to travel home with you.  As part of this process, the Consular Officer must be provided the “Panel Physician’s” medical report on the child. Learn more.

In addition to Form I-600 (Petition to Classify an Orphan as an Immediate Relative) and other supporting documents, adoptive parents applying for immigrant visas for children adopted from the Democratic Republic of Congo should present the following three documents to the consular officer:

·         Judgment of adoption;

·         Certificate of no appeal; and

·         Proof that the adoption judgment was registered in the Congolese “Commune” (city hall) with jurisdiction over the child.  

Certificates of “Guardianship,’ often used in Congo, do not constitute a legal adoption and will not suffice for U.S. immigration requirements.

Pre-approved adoptive parents (fingerprint report available and current, home study report complete and available, etc.) whose cases are clearly approvable and who are eligible to submit a petition at the Consular Section will be scheduled for an interview within one to two weeks, based on the availability of medical exam results.  All adoption petitions submitted at post must be sent to the nearest Department of Homeland Security office in Nairobi, Kenya.  Interviews may take up to o ne week to schedule for adoption petitions that have been submitted and approved in the United States and forwarded to Kinshasa.

The Consular Section schedules all interviews for adoption cases.  Interviews are held on Tuesday and Wednesday afternoons at 2:00 p.m.  Following the interview, eligible adopted children’s visas will normally be returned to the adoptive parents within forty-eight to seventy-two hours.

Democratic Republic of Congo Immigration Exit Permit for Children

The Embassy would like to alert adoptive parents that it is mandatory to obtain a special authorization permit from the office of immigration (DGM) in Gombe, Kinshasa in order to depart the Democratic Republic of Congo with your adoptive child.  This authorization should be obtained 72 hours prior to departure. 

Child Citizenship Act

For adoptions finalized abroad:  The Child Citizenship Act of 2000 allows your child to acquire U.S. citizenship automatically when he or she enters the United States on an IR-3 immigrant visa for the purpose of lawful permanent residence. 

For adoptions finalized in the United States: The Child Citizenship Act of 2000 allows child who enter the United States on an IR-4 immigrant visa to acquire U.S. citizenship automatically when the court in the United States issues the final adoption decree. 

*Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible.  Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting. 

Learn more about the Child Citizenship Act.      

TRAVELING ABROAD

Applying for Your U.S. Passport
U.S. citizens are required to use a valid U.S. passport to enter or depart the United States. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.

Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place.

Obtaining Your Visa
In addition to a U.S. passport, you also need to obtain a visa.  A visa is an official document issued by a foreign country that formally allows you to visit.  Where required, visas are attached to your passport and allow you to enter a foreign nation.

To find information about obtaining a visa for the Democratic Republic of Congo, see the Department of State’s Country Specific Information.

Staying Safe on Your Trip
Before you travel, it's always a good practice to investigate the local conditions, laws, political landscape, and culture of the country.  The State Department is a good place to start.

The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability. 

Staying in Touch on Your Trip
When traveling during the adoption process, we encourage you to register your trip with the Department of State. Travel registration makes it possible to contact you if necessary. Whether there’s a family emergency in the United States, or a crisis in the Democratic Republic of Congo registration assists the U.S. Embassy or Consulate in reaching you.

Registration is free and can be done online.

AFTER ADOPTION

What does the Democratic Republic of Congo require of the adoptive parents after the adoption?

The Democratic Republic of Congo does not have any post-adoption requirements.

What resources are available to assist families after the adoption?

Many adoptive parents find it important to find support after the adoption.  Take advantage of all the resources available to your family -- whether it’s another adoptive family, a support group, an advocacy organization, or your religious or community services.