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. Federal 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 indicate that only one orphan from Vanuatu has received an adoption-based immigrant visa within the past five years.

ADOPTION AUTHORITY IN COUNTRY:  Vanuatu courts oversee the adoption system.  The court system may be reached by phone at (678) 22420.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Prospective adoptive parents must be 18 years of age or older and can be either single or married.  Although there are no income requirements, prospective adoptive parents must satisfy the Vanuatu courts that they are financially secure.

RESIDENCY REQUIREMENTS: Although prospective adoptive parents do not need to be permanent residents of Vanuatu, they must remain in Vanuatu for the three-to-four-month period it takes for an adoption to be finalized. 

TIME FRAME:  Per above, the estimated time for an adoption to be processed is about 3 to 4 months.  

ADOPTION AGENCIES AND ATTORNEYS:  There are no adoption agencies in Vanuatu.  However, American prospective adoptive parents may still wish to enlist the services of an American adoption agency to assist them with the overall intercountry adoption process.  Please see Important Notice Regarding Adoption Agents and Facilitators at our Web site travel.state.gov.

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. 

ADOPTION FEES IN COUNTRY:  American prospective adoptive parents should expect to pay less than $100 in Vanuatu government fees related to processing an adoption.  It may or may not be necessary for prospective parents to pay additional fees to lawyers, depending on the services rendered.  

ADOPTION PROCEDURES:  Applications for adoption are obtained from and must be submitted when completed to the Courthouse in Port Vila (Vanuatu’s capital).  The mailing address is as follows: 

     Courthouse in Port Vila,
     Private Mail Bag 9041,
     Port Vila, Vanuatu,
     Telephone - (678) 22420.

DOCUMENTS REQUIRED FOR ADOPTION IN COUNTRY:  When submitted to the Vanuatu court, the adoption dossier must contain:

 

   a. A completed adoption application;
   b. Child’s birth certificate;
   c. Bank statements for the prospective adoptive parents; and
   d. Prospective adopting parents’ marriage license (or proof of single status)

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.state.gov/m/a/auth/.

VANUATU CONSULATE IN THE UNITED STATES:  Vanuatu does not have an embassy in Washington, D.C.   The only representation of Vanuatu in the United States is the following:

     Vanuatu Mission to the United Nations
     42 Broadway,
     Suite 1200-18,
     New York, NY 10004,
     Tel. (212) 425-9600,
     Fax (212) 425-9652,
     E-mail:  vmsnyc@attglobal.net.

U.S. IMMIGRATION REQUIREMENTS:  Prospective adopting parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting 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 Adoption can be found on the Bureau of Consular Affairs web site, travel.state.gov, under “International 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. CONSULATE IN COUNTRY: 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.  The U.S. Embassy in Port Moresby, Papua New Guinea, has responsibility for the well-being of U.S. citizens in Vanuatu.  The Embassy is located at:    

APPLYING FOR A VISA AT THE U.S. EMBASSY IN PORT MORESBY: When the adopting parents have the final adoption decree in hand, they may apply for an immigrant visa for the child at the U.S. Embassy in Port Moresby.  Most immigrant visas cannot be issued the same day, but rather take a week or so for name checks to clear the computer databases.  To obtain necessary forms for an immigrant visa, please visit our website at www.travel.state.gov or call the consular section at 675-321-1455. 

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 Vanuatu or immigrant visas for adopted children from Vanuatu may be addressed to the U.S. Embassy in Papua New Guinea at the address, phone number and e-mail address listed above. 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 flier. 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/.