INTERCOUNTRY ADOPTION


SEYCHELLES

October  2006

DISCLAIMER:
The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.


PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.:
Recent U.S. immigrant visa statistics show that there have only been three orphan immigrant visas issued to children from Seychelles in the past five fiscal years.


ADOPTION AUTHORITY IN SEYCHELLES:

Ministry of Social Affairs and Employment
Social Services Section
Oceangate House
P O Box 190
Victoria
Seychelles


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: An adoption application may be made by a married couple or by a single person who is at least 21 years of age.


RESIDENCY REQUIREMENTS:
  Adoptive parents are required to live with the child for at least three months before the adoption is finalized.


TIME FRAME:  More than three months. The adoptive parent is required to stay in the country for at least three months for the purpose of monitoring the adoption and being available to the Social Services Department.


ADOPTION AGENCIES AND ATTORNEYS:
  There are no private adoption agencies.  The Social Services Department oversees the adoption process.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-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.

Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.



ADOPTION FEES IN SEYCHELLES:
  There are no social service fees. The only fees involved are related to attorneys’ fees.


ADOPTION PROCEDURES:   The prospective adoptive parents need to first identify a child and obtain the consent from biological parents. The “consent to an adoption order” must be signed by the biological parent(s) in front of a judge or notary.  Prospective adoptive parents must undergo a medical test to determine their medical fitness with regards to raising children. The exam may be completed by any doctor in Seychelles.  Prospective parents may obtain a form entitled “Medical cerficates as to health of applicants” from the Ministry of Social Affairs and Employment.  Medical tests are also required from the prospective adoptees.  Once this is done, the prospective adoptive parents may apply for adoption to the Supreme Court of Seychelles.

The Department of Social Service’s role is to carry out an investigation with respect to the applicant's suitability to adopt and to make an appropriate recommendation to the Supreme Court of Seychelles with respect to the application for adoption.  They typically review the following:

  1. Experience, attitude and ability to raise a child;
  2. Background of prospective adoptive parent(s); 
  3. Civil status (stability);
  4. Employment status/income;
  5. Housing/home condition (a U.S. home study may be accepted in lieu of this requirement);
  6. Attitude of other members of the household;
  7. Biological parents' understanding of what an adoption order entails and reasons for consenting to the adoption;
  8. The child's feelings with regards to the adoption (if child is old enough);


    DOCUMENTS REQUIRED FOR ADOPTION IN SEYCHELLES:

  1. Identity of adoptive parents;
  2. Marriage certificate, if married;
  3. Medical certificate of adoptive parents and child to be adopted;
  4. Completed application for an adoption order;
  5. Documents of consent from adoptive child's biological parent(s).


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html.


SEYCHELLES EMBASSY IN THE US:

Embassy of the Republic of Seychelles
c/o Permanent Mission of Seychelles to the United Nations
800 Second Avenue, Suite 400,
New York NY 10017
Telephone: (212) 687-9766
Fax: (212) 972-1786


U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.  The USCIS publication is available at the USCIS web site. The Department of State publication International Adoptions can be found on the bureau of consular affairs web site,travel.state.gov, under “intercountry adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.


U.S. EMBASSY IN SEYCHELLES: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  There is no U.S. Embassy in Seychelles however the U.S. Ambassador to Mauritius is also accredited to Seychelles.  The Consular Section is located at:

Embassy of the United States of America
4th Floor, Rogers House
John Kennedy Street
Port Louis, Mauritius

Email: PTLConsular@state.gov
Tel: (230) 202-4400
Fax: (230) 208 9534


APPLYING FOR A VISA AT THE U.S. EMBASSY IN KENYA:  The U.S. Embassy in Mauritius does not provide immigrant visa services.  All immigrant visas for Seychelles are issued by the U.S. Embassy in Nairobi.

The Consular Section is located at: UN Avenue off Limuru Road in the neighborhood of Gigiri. 

The Embassy’s postal address is:
Consular Section
U.S. Embassy
P.O. Box 606
Village Market
00621 Nairobi, Kenya

Consular Section telephone number: (country code 254) 20-375-3704 or 20-363-6492
Fax: (country code 254) 20-363-6410
Email:  NairobiIVDV@state.gov
Website:  Nairobi.usembassy.gov


APPLYING FOR A VISA AT THE U.S. EMBASSY IN NAIROBI:  Prospective adoptive parents will need to first have DHS/UCSCIS approve either a Form I-600, “Petition To Classify Orphan As an Immediate Relative”  (http://uscis.gov/graphics/formsfee/forms/i-600.htm) or a Form I-600A, “Application for Advance Processing of Orphan Petition” (http://uscis.gov/graphics/formsfee/forms/i-600a.htm), in the United States.  If resident in Kenya, adoptive parents should call the Nairobi DHS-USCIS office at 363-6111 to schedule an interview

If adoptive parents already have an approved I-600 form they should contact the consular section at (country code 254) 20-363-6492 to schedule an interview.  Parents will need to first to pick up a medical exam form from the Consular Section that will need to be completed by a physician in Nairobi certified by the embassy to perform exams. 

If adoptive parents have an approved I-600A form then they will need to first contact Nairobi DHS-USCIS office at 363-6111 schedule an interview to get an approved I-600.  After DHS approves the I-600, then adoptive parents can contact the consular section to arrange the immigrant visa interview as outlined above.

NOTE: As long as the adoptive parents have all of their documents in order, the consular section can issue a visa in around 48 hours. 


ACQUIRING U.S. CITIZENSHIP:
The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.


ADDITIONAL INFORMATION: Specific questions about adoption in Seychelles may be addressed to the U.S. Embassy in Mauritius. General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:
• Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
• U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet:

• Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
• Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the Country Specific Information for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• USCIS web site - http://uscis.gov/.