The Process

The process for adopting a child from Zambia 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 in Zambia
5. Apply for the Child to be Found Eligible for Immigration
6. Bring Your Child Home

1.)  Choose an Adoption Service Provider  

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

U.S. adoption agencies must be registered with the Commissioner of Juvenile Welfare in order to provide adoption services in Zambia. Currently, there are no registered U.S. adoption agencies licensed to work in Zambia.  The only entity legally permitted to facilitate adoptions in Zambia is the National Child Protection Committee, chaired by the Ministry of Social Welfare.  Americans are encouraged not to undertake work to identify a child without the involvement of Social Welfare as children identified outside of the Zambian government process may not ultimately be available for adoption under Zambian law.  While not mandatory, prospective adoptive families are encouraged to hire an attorney to assist them with Zambian legal requirements. The U.S. Embassy in Lusaka maintains a list of lawyers who will work with U.S. citizens. The Embassy cannot recommend the services of any specific attorney.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For US-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state Government agency in the U.S. state where the agency is located or licensed 

2.)  Apply to be Found Eligible to Adopt 

To bring an adopted child from Zambia 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.

Prospective adoptive families must apply to the Commissioner for Juvenile Welfare for permission to adopt.  You may be required to document in writing your adoption intent, expectations regarding the gender, age and health of the child, and reasons for choosing to adopt in Zambia.  You may also be asked for a letter of reference. Prospective adoptive parents must be physically present in Zambia at the time of application.  Currently, a U.S.-approved I-600A may be accepted by Social Welfare as evidence of suitability to adopt.  If foreign citizen prospective adoptive parents are resident in Zambia, Zambian social workers will interview them and conduct a home study. However, a home study prepared in Zambia must be endorsed by an approved U.S. adoption agency in the prospective adoptive parents' state of residence for the fulfilling U.S. adoption requirements and immigration of the child.

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

National Child Protection Committee

The National Child Protection committee (NCP) is the only entity legally permitted to facilitate adoptions in Zambia.  The NPC generally meets on the last Thursday of each month to review all scheduled foster, adoption and other child-related cases. 

The NCP committee comprises officials from the following governmental and private institutions:

Social Welfare Dept                  -           Secretariat of the Committee     

Child Care Society of Zambia     -           Non-governmental organization

Justice Dept                             -           Legal experts

National Registration Dept         -           Issues adoption decrees & birth certificates

Ministry of Foreign Affairs          -           international issues                   

Zambia Police                          -           cases of abandoned children    

Ministry of Education                -           cases of school-age children

As Secretariat for this committee, Social Welfare would write to inform applicants of the committee’s decision regarding their case.  Only cases that receive favorable approval of the NCP may be recommended for a court hearing. 

3.)  Be Matched with a Child

If you are deemed eligible to adopt by the NCP, and a child is available for intercountry adoption, you will be referred to a particular child based on the information you provided during the application and the assessment of the NCP.  In the case of adoption of a child by family members, the case will move directly to the NCP without the referral process.  This is currently the only acceptable form of pre-identification of a child.  Each family must decide for itself whether or not it will be able to meet the needs of the child and provide a permanent family placement for the referred child.  Learn more about this critical decision.

After the prospective adoptive parents have agreed to go forward, they may be asked to visit the orphanage several times to bond with the child.   

The child must be eligible to be adopted according to Zambia’s requirements, as described in the “Who Can Adopt” tab.  Note that a child fostered in Zambia must be finally adopted before the child turns 18. However, an adopted child may only gain orphan status and immigrate under U.S. law if the petition is filed before the child is 16.  The child must meet the definition of an orphan under U.S. law.  Learn more.

The prospective adoptive parents and their lawyer file a petition for temporary legal guardianship with the local magistrate and bear the responsibility of preparing all court-related documentation.  Once approved, the mandatory fostering phase begins.  Parents must foster the child in Zambia for a minimum of three months, though the fostering period could extend to one year under Zambian law. After the fostering period, parents file an adoption application with the Magistrate’s Court.  The NCP then reviews the request and, if approved, sends that recommendation to the court.  Under Zambian law, it is permissible to file the adoption application simultaneously with the fostering application.  It is usually advantageous to do so in order to expedite the process.

The child is assigned a guardian ad litem (social worker) who will represent the child’s interests before the court, investigate what is in the child’s best interests, and report his/her findings to the court at the adoption hearing.

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

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

• ROLE OF THE ADOPTION AUTHORITY: Intercountry adoptions are overseen by the Ministry of Community Development and Social Services, Department of Social Welfare as chair of the National Child Protection Committee.
• ROLE OF THE COURT: Zambian courts issue adoption and custody orders based on recommendations made by social welfare officers at the district level.  If the social welfare officers are satisfied that the parents are suitable to adopt and that the adoption is clearly in the interest of the child, they are likely to recommend adoption to the courts. 
  
  Prospective adoptive parents have the option to file an adoption petition in the High Court of Zambia; however, this is a much lengthier process.  Adoptions filed in the High Court can take up to two years to complete.
• ADOPTION APPLICATION: After the fostering period is completed, the prospective adoptive parents file an adoption application with the court of the first class (provincial court) if the adoption application was not already filed along with the fostering application.  A summons will be served to the adoptive parents, the child, and any person caring for the child (if applicable). The hearing is confidential.  Once the adoption order is issued, it must be recorded with the Registrar General’s Office and the child’s details are entered into the register as an adopted child.  It is important to note that the adoption decree issued by the Registrar General on basis of the court adoption order is the final step in the adoption process.  The court order alone does not suffice.
  
  Once the adoption court order has been granted, the child will receive a new birth certificate in his or her adoptive name. The adoptive parents receive an adoption decree, which is the final document and signifies the successful completion of the process. Equipped with the two documents, the child applies for a new Zambian passport in the adopted name.
• TIME FRAME:  There is a mandatory three-month continuous (foster) care requirement and a 12-month residency requirement prior to finalizing an adoption. The foster care period can run concurrently with the 12-month residency period. If the residency requirement is waived in lieu of the mandatory fostering, adoption processing may be completed within a few months.
• ADOPTION FEES: Government fees include:

o    Fostering fee – 50,000 kwacha (approximately $12.00);

o    Adoption court fee – 50,000 kwacha (approximately $12.00);

o    Zambian passport fee – 500,000 kwacha (approximately $115.00);

o    Registration/certificate of adoption – 105,000 (approximately $24.00);

o    Costs as may be determined by the court – 200,000 (approximately $45.00).

Prospective adoptive parents are encouraged to work with an attorney to prepare legal paperwork.  If a parent chooses to work with an attorney, please be aware that hourly fees vary widely, just as they do in the United States. 

Attorney’s fees – 5,000,000 – 25,000,000 kwacha (approximately $1,000 – $5,000).

Note: The U.S. Embassy in Lusaka is not aware of any fees prospective adoptive parents have to pay to the orphanage where the child resides or to adoption facilitators at Social Welfare, and would discourage any fees that are not properly receipted, including “donations” or “expediting” fees that may be requested from prospective parents.   Any irregular fees paid have the appearance of “buying” a baby, which is strictly against international law and puts all future adoptions at risk 

DOCUMENTS REQUIRED: 

o    Evidence of adequate finances (home study information will suffice)

o    Police clearances

o    Copies of birth certificates, passports, and marriage certificates of prospective adoptive parents

o    Approved I-600A (this can serve as evidence that the adoptive parents were vetted for suitability by U.S. authorities and can be used to minimize the residency requirement)

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 Under U.S. Law

Zambia 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. 

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

·         Child Welfare Information Gateway

·         North American Council on Adoptable Children