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INTERCOUNTRY ADOPTION

CENTRAL AFRICAN REPUBLIC


March 2007

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 reflect that there have been only two immigrant visas issued to Central African Republic (“C.A.R.”) orphans in the past five fiscal years.

ADOPTION AUTHORITY IN THE CENTRAL AFRICAN REPUBLIC: The “Adoption Committee,” which is composed of technical experts from the Ministry of Justice, the Ministry of Family & Social Affairs and the Ministry of Interior, serves as the adoption authority in the Central African Republic. The Adoption Committee’s recommendations are passed to the Tribunal (Court) of First Instance in Bangui.

Adoption Committee Contact Information:

Comité d’Adoption
Ministère de la Famille et des Affaires Sociales
B.P. 917
Bangui, République Centrafricaine
Chef de Service des Actions Sociales Jules Gueret
90 07 93
Assistant aux Services des Actions Sociales Bernard Azoumi
03 96 90

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:   The prospective adoptive parent must be at least 30 years old. A prospective adoptive couple must be married for at least 5 years, and both must consent to the adoption.  In the Central African Republic, a single person or a married couple living together are both eligible to adopt.       

RESIDENCY REQUIREMENTS: Prospective adoptive parents need to provide an Acceptance Statement issued and signed by the Mayor where he/she live(s) (Agrément du Maire où l’Adoptant réside).  There is no requirement regarding the format of the statement.  There is no residency requirement in the Central African Republic for foreign prospective adoptive parents.  Prospective adoptive parents need to provide an Acceptance Statement issued and signed by the Mayor where he/she live(s) (Agrément du Maire où l’Adoptant réside).  There is no requirement regarding the format of the statement.

TIME FRAME:   The adoption process can take six months to one year to complete and two weeks to one month for the immigrant visa.

ADOPTION AGENCIES AND ATTORNEYS:   There are no private adoption agencies in the Central African Republic.  All adoption matters are processed through the Ministry of Social Affairs’ Adoption Committee and the Courts.  Prospective adoptive parents can engage lawyers to carry out adoption proceedings.  The U.S. Embassy in Bangui maintains a list of attorneys who can handle intercountry adoptions which is available upon request.
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 COUNTRY: CFA 500,000 or about US $1,000. This includes all services related to the adoption proceedings, but does not include immigrant visa fees.

ADOPTION PROCEDURES:   Prospective parents interested in adopting a child should send a letter directly to the Ministry of Family & Social Affairs with the appropriate documents.  The committee will examine the request and contact an orphanage to identify a child for adoption.  A social worker will conduct an investigation of the biological parents or relatives.  After the birth parents’ agreement and the screening of adoption documents submitted, the committee gives written authorization to the orphanage to release the child to the adoptive parent(s).  The file is then forwarded to the court for adjudication.  The judge sets up a hearing to verify the circumstances of the adoption as well as to hear the parties: biological and adoptive parents.  The judge could also request an investigation on the morality of the adoptive parents.

In the event that a child has already been identified, the committee works with the biological parents.  The biological parents play a crucial role in the process, because they must consent to the adoption in writing.  The written consent must be submitted to the court.   In the case of an orphan, the judge would request consent from the extended family or from other relatives of the child if the biological parents are not available. If adopted from an orphanage, authorities might seek consent from the child’s home village or community in addition to the orphanage management. 

After a satisfactory review of the documents and the written consent of the biological parents, the judge issues an Adoption Decree (Jugement d’adoption). This allows the adoptive parents to apply for a new birth certificate at the city hall’s civil registry (Mairie de Bangui or the Mairie in any other province.) The birth certificate is required for the issuance of a passport through the immigration office.

There are two types of adoptions:  simple adoption and plenary adoption (adoption plénière ).  Plenary adoption severs the familial relationship between the child and the birth parents. This adoption gives the adopted child the same rights as a child born to the adoptive parent.  A simple adoption occurs when the biological parents die, abandon the child, or give the child up for adoption. Under this adoption procedure, the biological parents (if living) retain inheritance rights and other privileges of the child, and must be consulted if the PAPs want to change the child’s name or make significant changes in the life of the child.  A simple adoption does not meet the requirements of U.S. immigration law and therefore cannot be the basis for granting an immigrant visa to an adopted child. [I defer to your office as to how you wish in include the different adoption procedures in the form.] 

The prospective parent(s) should submit the documents listed below to the “Adoption Committee” at the following address:
Comité d’Adoption
Ministère de la Famille et des Affaires Sociales
B.P. 917
Bangui, République Centrafricaine

DOCUMENTS REQUIRED FOR ADOPTION IN CENTRAL AFRICAN REPUBLIC:

All documents must be in the French language.  Documents issued in a different language are returned to the sender for translation.

The U.S. Embassy in Bangui maintains a list of translators. As stated above, the documents required for adoption in the Central African Republic are:

• A Motivation Letter explaining why the PAPs want to adopt a child.  There is no specific format;
• An Acceptance Statement issued and signed by the Mayor where the prospective adoptive child will reside. This document is issued by the Mayor’s office of the PAP’s residence;
• Certified copy of PAPs’ birth certificate(s);
• Certified copy of marriage certificate (if applicable);
• Police Clearance;
• Medical Certificate;
• Income documents (such as W-2 statements);
• A Notarized Statement of Net Worth issued by a bank;
• A Certificate of Infertility (if applicable).  This document is optional and is not required in all cases.  It is required only when the adoptive parents claim infertility as the reason for wanting to adopt a child.
• A Notarized Certificate from Next-of Kin or a Friend who is willing to take care of the child in the case of Death;
• An Agreement Letter about the care of the Child.  This is a statement indicating the PAP’s plans for caring for the child and also for his/her future. It should also indicate who will care for the child in the event of the PAP’s death.
• Photos of the adoptive parents.  This includes identity photos and family photos.

• 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

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