Lesotho 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 Lesotho did not change. 

In Lesotho, intercountry adoptions are governed by the Children's Protection Act 1980, Act No. 6 of 1980 and relevant portions of Proclamation 62 of 1952 Adoption of Children. Adoption of children by foreigners was suspended by the Government of Lesotho in June 2007. It is anticipated that a revised Child Protection and Welfare Bill, yet to be enacted, would allow for intercountry adoptions and eliminate the two-year residency requirement for prospective adoptive parents (PAP). Immigrant Visas for Lesotho citizens are issued by the U.S. Consulate General in Johannesburg, South Africa.

In November 2008 the Government of the Kingdom of Lesotho lifted the suspension on intercountry adoptions for four countries: the U.S., Sweden, The Netherlands and Canada.  There has been no change in GOL adoption laws, policies or procedures.  However, the GOL requires any case that was in process at the time of the suspension to be reinstated.  Any cases that were processed during the suspension are invalid and will require amendment of adoption documents by the High Court.  

Last Updated: September 2009

DISCLAIMER

WHO CAN ADOPT

To bring an adopted child to United States from Lesotho, 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, Lesotho also has the following requirements:

• RESIDENCY REQUIREMENTS:  Prospective adoptive parents are required to spend a minimum of two weeks in Lesotho with the child before they will be allowed to adopt. The courts have granted adoptions to non-residents if it is in the best interests of the child.  The Child Welfare and Protection Bill presently under discussion in the National Assembly would explicitly allow for adoptions by non-residents. 
  
  The Department of Social Welfare in the Ministry of Health and Social Welfare strongly advises prospective parent(s) to spend a minimum of two weeks in Lesotho.  The purpose of this stay is so that the prospective parent(s) will learn about Lesotho and be able later to tell their adopted children about their country of origin.
• AGE REQUIREMENTS: The adoptive parent(s) must be at least 25 years old and one prospective adoptive parent should be 21 years older than the child they aim to adopt.
• OTHER REQUIREMENTS:
• Prospective adoptive parent(s) are required to undergo a thorough home study by an approved social service or adoption agency and be found qualified.  To locate an approved social service or adoption agency, persons interested in adopting in Lesotho should contact the Lesotho Department of Social Welfare in the Ministry of Health and Social Welfare.
• Gay/lesbian prospective adoptive parents are not permitted to adopt Lesotho children.
  

WHO CAN BE ADOPTED

Lesotho has specific requirements that a child must meet in order to be eligible for adoption.  You cannot adopt a child in Lesotho 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.

USEFUL INFORMATION ABOUT LESOTHO CUSTODY LAW AND THE RIGHTS OF BIRTH PARENTS:  Laws pertaining to child custody are not applied evenly in Lesotho and may be complicated by cultural traditions. A child born out of wedlock may be recognized by the husband of his or her mother, if the husband decides to pay an agreed bride price.  Such a child would otherwise be the ward of the maternal grandparent(s).

According to custom, the extended family has certain custodial rights to children. Unmarried women are considered legal minors and their children would be legally in the custody of the mother’s parent(s). The Department of Social Welfare will ensure, prior to approving an adoption, that the concerned children are free from custody issues and all family have waived any rights to the child.

Unmarried fathers do not have legal access, custody or guardianship of a biological child unless they have reached an understanding with the maternal grandparent(s).  Customarily, the father will be involved at the invitation of the maternal grandparent(s).  The Department of Social Welfare would, prior to accepting a child for adoption proceedings, ensure that any known father will have waived his rights to the child.

HOW TO ADOPT

Lesotho Adoption Authority
Department of Social Welfare, Ministry of Health and Social Welfare

The Process

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

1. Choose an Adoption Service Provider
2. Apply to be Found Eligible to Adopt
3. Be Matched with a Child
4. Adopt the Child (or Gain Legal Custody) in Lesotho
5. Apply for the Child to be Found Eligible for Adoption
6. Bring Your Child Home

 

1.  Choose an Adoption Service Provider  

The first step in adopting a child from Lesotho 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.

 

The Ministry of Health plans to designate one adoption agency from each foreign country to coordinate intercountry adoptions with the Department of Social Welfare. The Department of Social Welfare will liaise with the designated agency to ensure that the adoption process is adhered to.  At this time, the Ministry of Health has not yet designated an adoption agency from the U.S. to act in this capacity, and there are no formal application forms. 

2.  Apply to be Found Eligible to Adopt 

To bring an adopted child from Lesotho 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 Lesotho as described in the Who Can Adopt section. 

3.  Be Matched with a Child

If you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in Lesotho will provide you with a referral to a child.  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 Lesotho 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 Lesotho

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

• ADOPTION PROCEDURE: Generally, adoption procedures are initiated when a prospective adoptive parent(s) submits a request to the Department of Social Welfare.  The Department of Social Welfare in the Ministry of Health and Social Welfare will liaise with an approved social service or adoption agency identified by the adoptive parent(s).  After a home study has been successfully completed, a child will be identified from one of the orphanages or abandoned children centers.  The Ministry of Health and Social Welfare will accept home-studies submitted in an I-600A application, which they will forward to the courts.  Children have birth certificates confirming their orphan/abandoned status.  In some cases, a child may have a letter from extended family, certified by the local authorities (usually the village chief) that the child is eligible for adoption.
  
  The prospective adoptive parents should procure the services of a lawyer to refer the case to the Magistrates Court for an adoption hearing.  The same lawyer can be retained to submit a case for removal of child from Lesotho.  An order of adoption terminates all the rights and obligations existing between the child and any legally recognized parent or extended family.  The adopted child is thereafter deemed by law to be the legitimate child of the adoptive parent(s).  Prospective adoptive parents can apply for a revised Lesotho birth certificate and a Lesotho passport based on the official order of adoption.  The Ministry of Health and Social Welfare or a lawyer can help with both of these.  The revised birth certificate is ordered from the District Administrator and requires proof of ID, a certified copy of the order of adoption and a revenue stamp for 26c(Stamps for 26c are available from the Lesotho Revenue Authority).  The passport with revised names is applied for from the Ministry of Home Affairs.  Please provide a certified copy of the order of adoption and a fee of M/R100.
  
  An order for removal allows the child to leave Lesotho with the adoptive parent(s).
• TIME FRAME: The time frame for adoption procedures differs widely and depends in large measure on how quickly the prospective adoptive parent(s) and their agents collect the necessary paperwork.  From start to finish, most adoptions will be completed in six months.  Once paperwork has been submitted, Adoption Orders and Removal Orders will take between one week and one month, depending on how quickly cases can be brought to court.  A Lesotho Passport, which will be necessary for the U.S. immigrant visa application, can take from 6 to 12 months to procure.
• ADOPTION FEES: The U.S. Embassy in Lesotho discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in Lesotho at risk.
  • The Department of Social Welfare in the Ministry of Health and Social Welfare does not charge any fees for processing adoption submissions;
  • The Magistrates courts do not charge fees for hearing adoption cases;
  • The High Court requires revenue stamps to hear removal cases.  These revenue stamps are in the amount of 83 maluti (approximately $13 at the exchange rate at the beginning of April 2006); 
  • One reputable law firm charges 4,500 maluti (approx. $722) to process an order for adoption and an additional 4,500 maluti for an order for removal (permission to take the child out of the country).
• DOCUMENTS REQUIRED: Prospective adoptive parent(s) must submit the following documents:
  • Request for adoption to the Department of Social Welfare;
  • Home Study;
  • Financial statement(s);
  • Police record(s);
  • Medical Certificate(s);
  • Letter(s) from the family of the prospective adoptive parent(s) that these family members accept and acknowledge the adoption.  Lesotho adoption law is based on local cultural practices.  By these standards adoption is an extended family issue not just the nuclear family.  It is customary that the extended family writes a letter condoning the adoption.  In Lesotho, these relations would be expected to care for the child in the case the parents are unable to do so.
    
• Centers for orphaned or abandoned children will supply:
  • Identification for the child
    Certification the child is eligible for adoption
  • The Social Worker will submit a report to the prospective adoptive parents’ legal counsel, who will prepare the necessary court cases.
    
    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 Lesotho, 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. 

 

The Ministry of Health and Social Welfare or a lawyer can help with this.  The revised birth certificate is ordered from the District Administrator and requires proof of ID, a certified copy of the order of adoption and a revenue stamp for 26c(Stamps for 26c are available from the Lesotho Revenue Authority).

 

Lesotho Passport

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

 

The Ministry of Health and Social Welfare or a lawyer can help with this. The passport with revised names is applied for from the Ministry of Home Affairs.  Please provide a certified copy of the order of adoption and a fee of M/R100.

 

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.

On March 3, 2008, the U.S. Consulate General in Johannesburg, South Africa’s panel physicians began using the Center for Disease Control and Prevention’s (CDC) 2007 Tuberculosis Technical Instructions (TB TIs) for the TB medical screening for all immigrant visa applicants from Lesotho, including adopted children.  The 2007 TB TIs include new requirements that affect the pace at which some adoption cases can be concluded.   Please visit the CDC’s website at http://www.cdc.gov/ncidod/dq/panel_2007.htm for further information regarding the 2007 Technical Instructions for Tuberculosis Screening and Treatment for Panel Physicians.

The U.S. Embassy in Maseru does not conduct immigrant visa interviews or make decisions in immigrant visa cases.  All immigrant visa applications for citizens of Lesotho, including adopted children, are reviewed at the U.S. Consulate General in Johannesburg, South Africa.  The U.S. Embassy in Maseru will accept and forward to the appropriate office applications submitted by prospective adoptive parent(s). 

American citizens are not required to make appointments with the Consular Section.  American citizens are advised to call the Consular Section (+266 (22) 312-666) in advance to enable prompt response to their inquiry.  The Consular Section of the Embassy is open for American Citizen Services Tuesdays from 8:00 to 16:00 (4:00 p.m.) and Fridays from 8:00 to 12:00 (12:00 p.m.)  PAPs will be given a package consisting of forms for I-600 or I-600A.  An American Consular Officer will also be available to discuss the PAPs case.  These include form, I-130, two copies of G-325A, two copies of DS-230 and a list of supporting documents PAPs will want to provide when they submit their application (certified copies of marriage certificate if applicable, birth certificate(s), two copies of passport photos for PAPs and the adoptee, and the most current fee for adoption).  U.S. Embassy Maseru accepts payment in U.S. dollars, Lesotho Maluti, and South African Rand.  Payments for submissions to the U.S. Embassy in Maseru are only accepted at the Embassy Consular Section and should not be paid to a third party.  Upon submission in Maseru, the Consular Section will forward the application with proof of payment to U.S. Consulate Johannesburg.  The U.S. Consulate in Johannesburg will contact the PAPs about any necessary processing.

APPLYING FOR A VISA AT THE U.S. CONSULATE GENERAL IN JOHANNESBURG, SOUTH ARICA: All U.S. immigrant visas for citizens of Lesotho are processed at the U.S. Consulate General in Johannesburg, South Africa.  Petitions can be filed at the Embassy in Lesotho and will be forwarded to Johannesburg for processing. If approved, the case is referred to the Consular Section. The applicants will receive a phone call with the next steps. A series of forms must be completed called the Packet 3. Once the applicant has completed all the requirements in the Packet 3, they must call the Consulate to schedule an appointment. A Consular officer conducts the immigration interview and, if approved, issues the visa. At the time of the interview the orphan and new parents must appear in Johannesburg. The entire process takes some time. Processing can take several months. All adoption cases must include full judicial documentation which constitutes irrevocable release for immigration and adoption.

Consulate General of the United States of America
1 River St
Killarney
P.O. Box 1762
Houghton, 2041
South Africa
Tel: (27-11) 644-8000
Fax: (27-11) 646-6916
Email: consularjohannesburg@state.gov 

NOTE: Visa issuance after the final interview now generally takes at least 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.  Adoptive parents should verify current processing times at the appropriate consulate or embassy before making final travel arrangements.

 

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 Lesotho. 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 Lesotho, 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 Lesotho registration assists the U.S. Embassy or Consulate in reaching you.

Registration is free and can be done online.

AFTER ADOPTION

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

U.S. Embassy in Lesotho
254 Kingsway Road Maseru Lesotho
Tel: +266 22 312 666
Fax: +266 22 310 116
E-mail: usconsularmaseru@state.gov   
URL: http://maseru.usembassy.gov  

Lesotho’s Adoption Authority
Department of Social Welfare
Ministry of Health and Social Welfare
P/Bag A 222
Maseru, 100
Lesotho
Tel: +266 (22) 326-013
Fax: +266 (22) 317-206

Embassy of Lesotho
Embassy of The Kingdom Of Lesotho
2511 Massachusetts Avenue, N.W.,
Washington, D.C. 20008
Tel.: 1-202-797-5533
Fax: 1-202-234-6815
Email: Lesothoembassy@Verizon.Net
Internet: www.lesothoemb-usa.gov.ls

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

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)