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 immigration visa statistics show that only one immigrant visa has been issued to a Beninese orphan in the last five years.

ADOPTION AUTHORITY IN BENIN:  An adoption request must be filed in the local court of the town/city where the child resides.  Adoptions are handled by the courts in Benin.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  A Beninese child can be adopted by a Beninese citizen or by a citizen of another country.  Adoptive parents must be either a couple who has been married for five years OR the spouse of a biological parent OR an unmarried individual of at least 35 years of age. Exceptions to these requirements may be obtained by a court order from the local court where the child resides.

RESIDENCY REQUIREMENTS:  There is no residency requirement for adoption in Benin. 

TIME FRAME:  Adoptions in Benin can take several months. It is likely to take longer if the child you are adopting does not live in a major city.  In addition to the actual petition for adoption, adoptive parents must also provide birth certificates for all parties (including any biological parent still living) and this process can take several months. 

ADOPTION AGENCIES AND ATTORNEYS:  Adopting a child in Benin can be done independently by the prospective parent(s).  It is advisable to retain a lawyer to assist with the court proceedings. An attorneys list may be found on the U.S. Embassy web site at: http://cotonou.usembassy.gov/listoflawyers.html.

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 BENIN:  Adoptive parents must pay court fees and fees to obtain other needed paperwork.  The initial fee to submit documents is only 2000 fCFA (approx. $4), but in some cases there may be additional fees.  For example, one family paid for the printing of a book of new forms required to obtain local birth certificates because the local government could not afford to pay for it, and there was no other way to get the birth certificate they needed to continue the processing of their adoption petition.  Local courts may also have their own fee structures for filing petitions.

ADOPTION PROCEDURES:  An adoption request can be filed by a couple who has been married at least five years, the spouse of one of the biological parents, or an unmarried individual of at least 35 years of age.  There is no maximum age defined in the law.  All adoptive parents must be childless and the age difference between the parent(s) and the child must be at least 15 years.  The local judge hearing the case can make an exception if he/she believes it is warranted and grant an adoption to parent(s) who have biological or adoptive children already. 

The granting of consent for the child's adoption by the biological parent(s) or guardian of the child must take place in the presence of a judge, a notary public or (if outside of Benin) a consular officer at a Beninese Embassy. 

Prospective parent(s) are required to submit a written request to the Tribunal along with a certified agreement to adopt the child, birth certificates (for themselves, the child and any biological parent), a marriage certificate (if applicable), a document of consent by the biological parent(s) and paperwork documenting their ability to support the child financially (e.g. bank statements etc

Although there is a new Family Code in Benin that is supposed to regularize procedures and forms throughout the country, it has not been fully implemented and different localities may have different procedures or may not know/have access to the appropriate forms or procedures for family related issues.  The adoption process can be complicated and lengthy and a local lawyer is probably the best resource for the questions of any prospective adoptive parent(s).

DOCUMENTS REQUIRED FOR ADOPTION IN BENIN:  Prospective parent(s) are required to submit a written request along with a certified agreement to adopt the child, birth certificates (for themselves, the child and any biological parent), a marriage certificate (if applicable), a document of consent by the biological parent(s) and paperwork documenting their ability to support the child financially (e.g. bank statements etc.).

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

Embassy of the Republic of Benin
2124 Kalorama Road, N.W.
Washington, DC 20008
Telephone: (202) 232-6656
Fax: (202) 265-1996
 

U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive 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 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 BENIN: 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 Consular Section is located at:

U.S. Embassy Cotonou
Rue Caporal Bernard Anani
01 BP 2012
Cotonou, Benin

APPLYING FOR A VISA AT THE U.S. EMBASSY IN BENIN:  As there is no USCIS office in Cotonou, the U.S. Embassy can only accept I-600 petitions from petitioners who already have an approved I-600A.  Form I-604 must be completed prior to filing the I-600 at the consular office.

Note: Due to security procedures, visa issuance after the final interview now generally takes 48 hours. It will not be possible to provide the visa to adoptive parents on the day of the interview.

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 Benin may be addressed to the U.S. Embassy in Benin. 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/.