Kiribati

Kiribati is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Therefore, when the Hague Adoption Convention entered into force for the United States on April 1, 2008, intercountry adoption processing for Kiribati did not change.

Only persons domiciled in Kiribati may adopt Kiribati orphans. Kiribati has no indigenous legislation on adoption. The U.K. Adoption Act of 1958, as modified and applied to meet Kiribati circumstances, governs adoptions in the country.

Last Updated: February 2009

DISCLAIMER

WHO CAN ADOPT

To bring an adopted child to United States from Kiribati, you must be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn more.

In addition to these U.S. requirements for prospective adoptive parents, Kiribati also has the following requirements for prospective adoptive parents:

RESIDENCY REQUIREMENTS: The law governing adoptions requires that applicants for an adoption order be domiciled in Kiribati.
AGE REQUIREMENTS: One prospective adoptive parent must be at least 25 years old, and the other at least 21 years old.
MARRIAGE REQUIREMENTS: Kiribati law permits both single and married foreigners to adopt a child from Kiribati.
INCOME REQUIREMENTS: Income should be above average and prospective adoptive parents should live in a suitable environment. Proof of income will have to be submitted to the central adoption authority.
OTHER REQUIREMENTS: An adoption agency shall in placing a child for adoption have regard (so far as is practicable) to any wishes of the child's adopted parents and guardians as to the religious upbringing of the child.

WHO CAN BE ADOPTED

Kiribati has specific requirements that a child must meet in order to be eligible for adoption. You cannot adopt a child in Kiribai unless he or she meets the requirements outlined below.

In addition to these requirements, a child must meet the definition of an orphan under U.S. law for you to bring him or her back to the United States. Learn more about these U.S. requirements.

ELIGIBILITY REQUIREMENTS:

Relinquishment Requirements: The prospective adoptive parents, who are domiciled in Kiribati, must obtain written consent from the child’s parents or guardians.
Abandonment Requirements: The prospective adoptive parents, who are domiciled in Kiribati, must obtain written consent from the child’s parents or guardians.
Age Requirements: The child must be at least 19 weeks old before an adoption order is made. If a child is above 15 years of age, the prospective adoptive parents will need three months advance notice to the local authorities of the intention to apply for an adoption order.
Sibling Requirements: None
Requirements for Special Needs or Medical Conditions: In reaching any decision relating to the adoption of a child, a court or adoption agency shall have regard to all the circumstances, being given to the need to safeguard and promote the welfare of the child throughout his childhood
Waiting Period: Prospective adoptive parents must have had the child in their care and possession for a period of six continuous months before an adoption order will be issued by the court.

HOW TO ADOPT

Kiribati Adoption Authority
The Kiribati High Court handles international adoptions.

The Process

The process for adopting a child from Kiribati generally includes the following steps:

Choose an Adoption Service Provider
Apply to be Found Eligible to Adopt
Be Matched with a Child
Adopt the Child in Kiribati
Apply for the Child to be Found Eligible for Adoption
Bring Your Child Home

1. Choose an Adoption Service Provider

The first step in adopting a child from Kiribati is usually to select a licensed agency in the United States that can help with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. Learn more about choosing the right adoption service provider.

There are no adoption agencies or any non-government lawyers in Kiribati. Attorneys resident in Suva, Fiji, occasionally handle cases in Kiribati.

There are two government lawyers in Kiribati, known as "People's Lawyers," who are on volunteer contracts with the Kiribati Government. The People's Lawyer may be contacted at:

Office of the People's Lawyer
Post Office Box 501
Betio, Tarawa
Telephone: (+686) 26312

Prospective adoptive parents may have to seek the assistance of the People's Lawyer. Alternatively, prospective adoptive parents may seek assistance from the Attorney General's office.

The Attorney General's office contact information is:

Office of the Attorney General
Post Office Box 62
Bairiki, Tarawa
Republic of Kiribati , Central Pacific
Telephone: (+686) 21242

NOTE: Seek legal advice from the Attorney General’s office and/or the People's Lawyer well in advance.

2. Apply to be Found Eligible to Adopt

To bring an adopted child from Kiribati to the United States, you must apply to be found eligible to adopt (Form I-600A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn how.

In addition to meeting the U.S. requirements for adoptive parents, you need to meet the requirements of Kiribati as described in the Who Can Adopt section.

3. Be Matched with a Child

If you are eligible to adopt, prospective adoptive parents have the responsibility of identifying the child themselves and then lodge an application for adoption with the central authority. The central authority does not assist in identifying a child for adoption. . Each family must decide for itself whether or not it will be able to meet the needs of a particular child and provide a permanent family placement for the referred child.

The child must be eligible to be adopted according to Kiribati’s requirements, as described in the Who Can be Adopted section. The child must also meet the definition of an orphan under U.S. law. Learn more.

4. Adopt the Child (or Gain Legal Custody) in Kiribati

The process for finalizing the adoption (or gaining legal custody) in Kiribati generally includes the following:

ADOPTION APPLICATION: There is no support system or government body in Kiribati that oversees international adoptions, nor a central point of contact for persons wishing to inquire about adoption in Kiribati.

Very generally, and in summary, the process is as follows:

The prospective adoptive parents, who are domiciled in Kiribati, must obtain written consent from the child’s parents or guardians.
The prospective adoptive parents may then file an Application for Adoption with the Kiribati High Court.
The High Court will not issue an adoption order unless the child has been continuously in the care and possession of the prospective adoptive parents for at least three months, not counting time before the child turned six weeks of age.
The prospective adoptive parents must obtain and submit the consent of the child’s guardians. The High Court will dispense with this requirement if the relevant persons cannot be located or have abandoned the child.
The High Court appoints the Solicitor General’s Office to conduct an investigation. The Solicitor General’s representative conducts a home-study that assesses the prospective adoptive parents’ character, financial competence and suitability, and reports back to the High Court.
The High Court considers whether to grant an Adoption Order based on the report. If favorable, the court grants the Adoption Order.
The parents take the Adoption Order to the Kiribati Registrar General in order to amend the original birth record to reflect the completion of the adoption.

TIME FRAME: It generally requires about two months to complete an adoption in Kiribati, from filing the application until issuance of the adoption order.
ADOPTION FEES: Australian currency is used in Kiribati. A court fee of Australian $13.00 is required to file the motion and receive the Adoption Order.
DOCUMENTS REQUIRED: Kiribati ’s legislation does not specify any documents that must be presented other than consent of the child’s guardians. However, the Solicitor General’s representative and the High Court will generally request prospective adoptive parents to submit the following documents:

Written consent of the child and the child’s parents or guardians.
The child’s original birth certificate.
Adoptive parents’ criminal background, financial documents, employment references, evidence of property, etc.
Prospective adoptive parents’ birth certificates, marriage license, and any divorce decrees from previous marriages.
Any written character references for the adoptive parents, preferably from people of high standing, such as church ministers, school principals, or government officials.
Any other information tending to show that the adoption is in the best interest of the child. (e.g., a statement as to motives for adoption).

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 Adoption

After you finalize the adoption (or gain legal custody) in Kiribati, the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) MUST determine whether the child is eligible under U.S. law to be adopted (Form I-600). 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.

You will take the Adoption Order to the Kiribati Registrar General in order to amend the original birth record to reflect the completion of the adoption

Kiribati Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from Kiribati.

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 from the United States Embassy for your child. After the adoption (or custody for purpose of adoption) is granted, visit the U.S. Embassy for final review and approval of the child’s I-600 petition and to obtain a visa for the child. 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 if it was not provided during the provisional approval stage. Learn more.

APPLYING FOR A VISA AT THE U.S. EMBASSY IN SUVA, FIJI: Prospective adoptive parents should research all U.S. and Kiribati requirements prior to beginning the adoption process. A great deal of information on intercountry adoption, including links to the Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS), is available at: www.travel.state.gov.

Once prospective adopting parents receive the form I-171: Notice of approval of relative immigrant visa petition from the United States Citizenship and Immigration Services, the Embassy request the American prospective adopting parents begin and maintain contact with the Immigrant Visa Unit. Their e-mail address is: consularsuva@state.gov. Phone contact is (679) 331-4466 and facsimile: (679) 330-2267

Note: The U.S. Embassy cannot issue visas on the same day of the visa interview. Prospective adopting parents should expect a minimum of two days for the visa to be issued. American families should make their travel plans accordingly, including allowing for the possibility of computer difficulties or other problems that could potentially further delay visa issuance.

Child Citizenship Act

For adoptions finalized abroad: The Child Citizenship Act of 2000 allows your new child to acquire American citizenship automatically when he or she enters the United States as lawful permanent residents.

For adoptions finalized in the United States: The Child Citizenship Act of 2000 allows your new child to acquire American 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.

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TRAVELING ABROAD

Applying for Your U.S. Passport
A valid U.S. passport is required to enter and leave Kiribati. 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 Kiribati, 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 Kiribati registration assists the U.S. Embassy or Consulate in reaching you.

Registration is free and can be done online.

AFTER ADOPTION

What does Kiribati require of the adoptive parents after the adoption?

We strongly urge you to comply with the wish of Kiribati and complete all post-adoption requirements in a timely manner. Your adoption agency may be able to help you with this process. Your cooperation will contribute to that country’s history of positive experiences with American parents.

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.

Here are some good places to start your support group search:

· Child Welfare Information Gateway

· North American Council on Adoptable Children

Note: Inclusion of non-U.S. Government links does not imply endorsement of contents.

CONTACT INFORMATION

Closest U.S. Embassy to Kiribati
The Embassy of the United States, Suva, Fiji
31 Loftus Street
P.O. Box 218
Suva, Fiji
Tel: (679) 331-4466
Fax: (679) 330-2267
E-mail: consularsuva@state.gov
Website: http://suva.usembassy.gov

Kiribati Adoption Authority
High Court of Kiribati
Post Office Box 501
Betio, Tarawa
Tel: (+686) 26451

Embassy of Kiribati
Kiribati does not have an Embassy or Consulate in the United States.

Office of Children’s Issues

U.S. Department of State

2201 C Street, NW

SA-29

Washington, DC 20520

Tel: 1-888-407-4747
E-mail: AskCI@state.gov

http://adoption.state.gov

U.S. Citizenship and Immigration Services (USCIS)
For questions about immigration procedures, call the National Customer Service Center (NCSC)

1-800-375-5283 (TTY 1-800-767-1833)