TOGO 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 COUNTRY did not change. 

Adoptions in which a child has been identified by the adoptive parents can take up to three (3) months, and in some much cases, longer. When the government matches a child with prospective adoptive parents, the length of time will vary depending of the complexity of the case and availability of a child.

Last Updated: February 2009

DISCLAIMER

WHO CAN ADOPT

To bring an adopted child to United States from Togo, 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, Togo also has the following requirements for prospective adoptive parents:

• RESIDENCY REQUIREMENTS: There is a one year residency requirement for intercountry adoptions (to be met during the adoption process).
  
• AGE REQUIREMENTS: One spouse must be over 30 years of age.  Single individuals must be 35 years of age or older.
  
• MARRIAGE REQUIREMENTS: Married couples who have been married for at least five years and are not separated and single individuals may adopt provided the applicants do not already have biological children together.  If the couple becomes pregnant at any point during the adoption, the adoption process is terminated.
  
• OTHER REQUIREMENTS:  The Ministry of Social Affairs does not allow same sex couples to adopt in Togo.
  
  

WHO CAN BE ADOPTED

Togo has specific requirements that a child must meet in order to be eligible for adoption.  You cannot adopt a child in Togo 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 immediately to the United States to reside.  Learn more about these U.S. requirements.

ELIGIBILITY REQUIREMENTS:

• Abandonment Requirements: In the case of adoption of an abandoned child, the President of the lower court must first pronounce the child abandoned by a court decree, after a field social investigation.
  
• Age Requirements: The adoptee must be an unmarried minor below 18. However, children 16 and older have the right to personally consent to his/her adoption.

HOW TO ADOPT

Togo’s Adoption Authority

Ministère de l’Action Sociale, de la Promotion de la femme

 

Adoptive parents must obtain an adoption authorization from the Minister of Child Protection before the adoption paperwork can be processed. This authorization is issued for a 5-year period.  This authorization becomes null and void if the couple has a child during the adoption process. The request must be made to the Ministry by registered mail with a self-addressed stamped envelope. Two months after the request is received by the Ministry, the NCA will inform the prospective parents of the administrative and legal procedures. The prospective adoptive parents must then send another registered mail (with a self-addressed stamped envelope), confirming their first request, and stating the number of children they wish to adopt and their ages. The following documents must be attached to the confirmation letter:

• A copy of adoptive parents’ birth certificates and their family booklet;
• A police clearance certificate;
• A recent medical certificate for the adoptive parents stating that they are in good health.
• The completed application form

The prospective parents must annually reconfirm their continued interest in adopting.

 

Other Requirements:

• A home study will be performed by the Ministry for Child Protection. There will be a regular series of meetings between the prospective adoptive parents and a professional social worker and a psychologist.
• The prospective parents may request to meet with the NCA at any time. However, they may not be present during the deliberations regarding their application.
• Adoption application may be submitted jointly by non separated heterosexual spouses or by any unmarried individual of 30 years old or above.
• No child can be adopted twice unless the adoptive parents die.
• The adoptee must be an unmarried minor below 18.
• Prospective adoptive parents must satisfy the following conditions:
• Be married for 5 years and over;
• One of the spouses must be at least 30-years-old;
• Be 18 years older than the child or 10 years if the child belongs to one of the spouses;
• They must have no children at the time of application.
• In the case of adoption by consent, both biological parents must express their consent to allow their child to be adopted.
• In the case of adoption of an abandoned child, the children’s judge or the president of the lower court must first pronounce the child abandoned by a court decree, after a field social investigation.
• There can be no contact between prospective adoptive parents and biological parents or guardians prior to obtaining the official authorization from the Minister for Child Protection.
• The adoption decree may be issued by the lower court one year after the adopted child is effectively entrusted to the adoptive parents (a one-year residency requirement).

 

The Process

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

1. Contact the Social Affairs Office
2. Apply to be Found Eligible to Adopt
3. Be Matched with a Child
4. Adopt the Child in Togo
5. Apply for the Child to be Found Eligible for Adoption
6. Bring Your Child Home

 

Please note: There are no private adoption agencies in Togo and attorneys are not authorized to sign adoption decrees. The Togolese government does not authorize foreign adoption service providers(
 

Please be advised that some lawyers and notaries may promise to facilitate adoptions or help families overcome legal ineligibilities preventing them from adopting in Togo.   The Ministry of Social Affairs has emphasized that these lawyers have no influence in the adoption process. Only the High Court, the NCA, and the Ministry of Social Affairs are directly involved in the intercountry adoption process.  The Ministry of Social Affairs has reiterated that the Adoption laws are not flexible and must be abided by fully.

 

1.  Contact the Social Affairs Office to indicate your interest in adopting in Togo.

2.  Apply to be Found Eligible to Adopt 

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

An adoption file should start with a phone call to the Social Affairs Office: Tel: (228) 221 56 39. The documents and fees incorporated in this flyer should be used as a guideline; procedures tend to change frequently and without notice, so the office will be able to give you specific information on what will be required for each case.

An Application for adoption in form of a letter should be addressed to the Ministère de l’Action Sociale, de la Promotion de la femme De la Protection des Enfants et des Personnes Agées.  Comité National d’Adoption together with a required documentation listed below. If a couple initiated the application, both should sign the letter. If the prospective adoptive parent(s) wish to express preferences regarding the age and gender of the child they wish to adopt, this information should be included in the letter.

The file should be addressed to:

Comité National d’Adoption

BP 1402

Lome, Togo

Tel. (228) 221-56 39

If the adoptive parents have not yet identified a child, the NCA can identify a child who is eligible for adoption.

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 Togo 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 COUNTRY’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 Togo

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

• ROLE OF THE ADOPTION AUTHORITY: The adoption decree may be issued by the High Court one year after the adopted child is effectively entrusted to the adoptive parents (It’s the 1-year resident requirement). In the case of derogation to this requirement by the president of the court, the adoption decree must include the reasons stated by the NCA.
• ROLE OF THE COURT: While the NCA makes the final decision regarding all adoptions, the High Court will sign the final decree.
• TIME FRAME: The adoption process will take at least one year (to satisfy the residency requirements), and could take up to several years.
• ADOPTION FEES:  Fees have not yet been determined. The U.S. Embassy in Togo 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 Togo at risk
• DOCUMENTS REQUIRED:  
• Copy of adoptive parents’ birth certificates and their family booklet;
• Police clearance certificate;
• Medical certificate of less than 3 months, issued by a physician on the official
• Panel physician’s list determined by the Minister in charge of child protection;
• The completed application form:

1. Proof of financial resources (e.g. pay slips/latest bank statement);
2. An approved I-600A from USCIS;
3. A copy of the Home Study report;
4. A prepaid or pre-stamped envelope;
5. A Notarized Adoption Consent document expressing the consent of
6. both parties (in the case of an adoption by consent).

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. 

 

• Simple Versus Plenary/Full adoption:
  
  Under the Hague Convention, intercountry adoptions must be plenary/full adoptions. Plenary adoption severs the biological ties of a child with his biological antecedents and replaces them with a new identity, that of his adoptive parents.
  
• Adoption Versus Legal Guardianship:
  
  Togolese child and family law stipulates that the legal guardianship of a child or the delegation of parental authority can be granted in cases where the child is an orphan, or in instances where he/she is considered abandoned or needy with no family to provide elementary care.  The legal guardianship and the delegation of parental authority can be an alternative to adoption but should not be considered a conduit to adoption. The legal guardianship and the delegation of parental authority can be ended at any time by the Courts. The High Court, in conjunction with the Ministry of Social Affairs, grants legal guardianship and delegation of parental authority in consideration of the highest interest of the child. However, the Court does not authorize the child to be placed or taken out of the country in view of a full and final adoption.  Hence, obtaining custody of a child in order to bring that child to the US to complete an adoption is not legal.

               

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

After you finalize the adoption (or gain legal custody) in Togo, 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. 

 

To receive a new birth certificate for your child, submit the adoption decree to the Etat-civil of the city where the adoption took place. There will be a CFA 5,000 fee. It takes approximately one week to receive a new birth certificate (Acte de Naissance).

 

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

 

For a passport, you will need:

 

·         A certified copy of the child’s birth certificate

·         A certified copy of the child’s Togolese nationality certificate

·         Emergency contact information

·         30,000 CFA

·         4 photographs (white background)

·         A photocopy of the child’s identity card

·         School records

·         Blood type

 

Applications can be dropped off between 7:30 a.m. and noon and 2:30 p.m. and 5 p.m., Monday, Wednesday and Friday.

 

Direction Générale de la documentation Nationale

Service des Passeports

01 BP 4871

Lomé, Togo

 

U.S. Immigrant Visa
After you have completed all of the adoption requirements in Togo, you may contact the U.S. Embassy in Lome to schedule your immigrant visa interview.  This immigrant visa allows your child to travel home with you.  Learn more.

 

Immigrant visa applications can be submitted to the Embassy on Tuesdays and Thursdays between 7:30 and 10 a.m. After the interview, the visa will be issued approximately one week after approval.

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

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TRAVELING ABROAD

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

Registration is free and can be done online.

AFTER ADOPTION

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

There are no specific Togolese post-placement requirements at this time.

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 Togo

International Mailing Address
Boulevard Eyadema
B.P. 852
Lomé, Togo

U.S. Mailing Address
Department of State
2300 Lomé Place
Washington, DC 20521-2300

COUNTRY’s Adoption Authority

Ministère de l’Action Sociale, de la Promotion de la femme

De la Protection des Enfants et des Personnes Agées.

Comité National d’Adoption

BP 1402

Lome, Togo

Tel. (228) 221-56 39

 

Embassy of Togo in the United States
Embassy of the Republic of Togo
2208 Massachusetts Ave., N.W.
Washington, DC 20008
Tel: 202-234-4212/3

 

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)