Sierra Leone Frequently Asked Questions


Adoption Procedures in Sierra Leone

Definition of Orphan

Immigrant Visa Procedures

Field Investigations

Appeals and Complaints
The U.S. Consul in Dakar told me my adopted child is not an orphan under U.S. law. How can I appeal this decision?

Glossary for Adoptions in Sierra Leone
High Court of Sierra Leone
Sierra Leonean Ministry of Social Welfare, Family and Children's Affairs
U.S. Embassy Dakar
U.S. Embassy Freetown

Adoption Procedures in Sierra Leone

  1. Where can I find a list of approved adoption agencies in Sierra Leone?
    The Ministry of Social Welfare, Gender and Children's Issues has a list of registered orphanages that are authorized to facilitate international adoptions. For the latest list, please email the U.S. Embassy in Freetown at consularfreetown@state.gov.

    Prospective adopting 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 adopting parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located.

    Please see Important Notice Regarding Adoption Agents and Facilitators at our Web site (http://travel.state.gov/family/adoption/info/info_454.html).

  2. How can I find an attorney I can trust in Sierra Leone?
    U.S. Embassy Freetown maintains a list of attorneys in Sierra Leone. This is a general attorney list and does not specifically list adoption attorneys.

    For a copy of this list, please contact the embassy at consularfreetown@state.gov. The best method for finding a competent attorney is to obtain referrals from families who have had satisfactory experiences working with an attorney. Neither U.S. Embassy Freetown nor the U.S. Department of State can assume any responsibility for the professional ability or personal integrity of Sierra Leonean attorneys.

  3. How do I know if an adoption agency, attorney or facilitator has a history of problems?
    For inquiries about adoption agencies and facilitators in the U.S., you can contact the Better Business Bureau in the state where the adoption agency/facilitator is licensed. For further information on how to research a U.S. adoption agency or facilitator, please see the Department of State's website at http://www.travel.state.gov/family/adoption/info/info_454.html

  4. Do adoptive parents have to appear in court in Sierra Leone?
    Judges at the High Court of Sierra Leone are requiring that at least one adoptive parent appear in court in Sierra Leone.  The High Court judge assigned to a particular case will decide whether she or he will ask the parent(s) to appear again. Unfortunately, the adoption process in Sierra Leone is complicated and changes frequently.  Please ask your local adoption agency or attorney for the latest information on how the High Court is processing your case.  

  5. My U.S. adoption agency has stopped communicating with me. Can I go to Freetown and complete the adoption process myself?
    While it may be difficult to obtain custody of a child from an orphanage in Sierra Leone without assistance of a U.S.-based adoption agency, some American parents have completed adoptions with the assistance of a Sierra Leone attorney.

Definition of Orphan

  1. What is the definition of an orphan?
    The definition or an orphan under section 101(b)(1)(F) of the Immigration and Nationality Act is complex. For a detailed explanation please refer to the following website:
    http://uscis.gov/graphics/services/appen.htm#b
    .

  2. How do I make sure the child I want to adopt is an orphan before I travel to Freetown ?
    U.S. law (( 8 CFR 204.3(k)) states that in order to issue an adopted orphan child an IR3 or IR4 immigrant visa, a consular officer must complete a Form I-604 ( Request For and Report On Overseas Orphan Investigation) . The Form I-604 is a report that addresses your child’s eligibility under INA 101(b)(1)(F) and relates to the second half of the Form I-600, Petition to Classify Orphan as an Immediate Relative.

    However, the consular officer cannot officially complete this form until an I-600 petition is either approved by the Department of Homeland Security Citizenship and Immigration Services (USCIS) or filed at the U.S. Embassy Dakar.

    Before you travel to Sierra Leone to complete the adoption process, ask your adoption agency and/or orphanage for the following items for your child:
    1. A copy of the child's official intake form completed at the time the child was brought to the orphanage. The intake form should indicate the circumstances under which the child was brought to the orphanage and any actions taken to confirm the facts.
    2. A copy of the child's birth certificate.
    3. A copy of a death certificate for any parent who has died.

    If the child has one sole or surviving parent, a copy of the statement the biological parent made at the Ministry of Social Welfare, Gender and Children's Affairs irrevocably relinquishing parental rights.

    If a parent has abandoned a child or disappeared, copies of the police report, the report by Ministry of Social Welfare, Gender and Children's Affairs detailing efforts to locate the parent and severing parental ties of the missing parent, and/or a court order making the child a ward of the state.


    The U.S. Embassy Dakar has agreed to review a completed Form I-604 and supporting evidence as detailed above at any time in the adoption process. It is important to note that this is an informal review only, and that a full and formal review will take place once the I-600 Petition has been approved by USCIS or filed at the U.S. Embassy Dakar. An informal review will help identify potential problems in advance of your adoption, but does not eliminate the need for a formal review or the possible need for a field investigation if your child's orphan status remains in doubt.

    If you would like to request this informal review, please fax the completed I-604 and documents to 011-221-822-5903 or email to them to consulardakar@state.gov. After reviewing the documents, the U.S. Consul will inform you whether the child you hope to adopt is an orphan if all of the documents are authentic, whether the child is not an orphan, or whether it is likely that a field investigation would be required in order to confirm orphan status.

    Due to workload constraints, field investigations are not conducted until the U.S. Consul in Dakar receives a copy of a court order from the High Court of Sierra Leone granting either a full and final adoption (IR3) or leave to adopt (IR4) and evidence of orphan status. Field investigations can take between 3 and 6 months, depending on workload and the availability of witnesses to confirm evidence of orphan status.

  3. The High Court of Sierra Leone issued a court order granting the adoption. Why isn't this sufficient? Judges in the High Court of Sierra Leone do not evaluate a child's orphan status as part of the adoption proceeding, and they do not have the ability to authenticate civil documents or verify the identity of witnesses that appear in court. Therefore, an adoption decree issued by the High Court of Sierra Leone cannot be used as primary evidence that a child is an orphan under U.S. immigration law.

  4. What is the Orphan First Program? Is this program available for Sierra Leone?
    The formal determination of whether or not your child meets the definition of orphan cannot be made until after you have a legal obligation to your child. Under the "Orphan First" pilot program, however, USCIS, in conjunction with the Department of State (DOS), will determine whether or not a child meets the definition of orphan prior to the adoptive parents completing adoption proceedings at the parents' request. It is hoped that this program will prevent situations where U.S. citizens find that they have adopted a child from abroad but the child is not able to immigrate to the U.S. because the child does not meet the definition of orphan under section 101(b)(1)(F) of the Immigration and Nationality Act. This pilot program is currently available only to families adopting children from H aiti, Honduras, Philippines, and Poland.

  5. Why and under what authority does the U.S. Embassy in Dakar review orphan status before I file an I-600 petition? Is this required?
    Due to the high rate of adoption fraud in Sierra Leone, the U.S. Consul in Dakar offers prospective adopting parents the opportunity for a preliminary, unofficial review of a child's orphan status. Parents who would like to take advantage of this offer, should fax (011-221- 822-5903) or email (consulardakar@state.gov ) the following documents, if available and applicable, to the U.S. Consul when they request this unofficial review:
    1. Completed I-604
    2. A copy of the child's official intake form completed at the time the child was brought to the orphanage. The intake form should indicate the circumstances under which the child was brought to the orphanage and any actions taken to confirm the facts.
    3. A copy of the child's birth certificate.
    4. A copy of a death certificate for any parent who has died.

    If the child has one sole or surviving parent, a copy of the statement the biological parent made at the Ministry of Social Welfare, Gender and Children's Affairs irrevocably relinquishing parental rights.

    If a parent has abandoned a child or disappeared, copies of the police report, the report by Ministry of Social Welfare, Gender and Children's Affairs detailing efforts to locate the parent and severing parental ties of the missing parent, and/or a court order making the child a ward of the state.

    After reviewing the documents, the U.S. Consul will inform you whether the child you hope to adopt is an orphan if all of the documents are authentic, whether the child is not an orphan, or whether it is likely that a field investigation would be required in order to confirm orphan status.

  6. What is the difference between relinquishment and abandonment?
    "Relinquishment" means that a sole or surviving birth parent must in writing i rrevocably relinquish all parental rights to a child in order for the child to be an orphan under section 101(b)(1)(F) of the Immigration and Nationality Act (INA). The parent must have the intent to do so and understand the irrevocable nature of the relinquishment.

    "Abandonment" means that the birth parent(s) has willfully forsaken all parental rights, obligations, and claims to the child, as well as all control over and possession of the child, without intending to transfer, or without transferring, these rights to any specific person(s). Abandonment must include not only the intention to surrender all parental rights, obligations, and claims to the child, and control over and possession of the child, but also the actual act of surrendering such rights, obligations, claims, control, and possession.

    Each of these situations is fact-based. A relinquishment or release by the parent(s) to the prospective adoptive parents or for a specific adoption does not constitute "abandonment." Similarly, the relinquishment or release of the child by the parent to a third party for custodial care in anticipation of, or preparation for, adoption does not constitute "abandonment" unless the third party (such as a governmental agency, a court of competent jurisdiction, an adoption agency, or an orphanage) is authorized under the child welfare laws of the foreign-sending country to act in such a capacity. A child who is placed temporarily in an orphanage shall not be considered to be abandoned if the parents express an intention to retrieve the child, are contributing or attempting to contribute to the support of the child, or otherwise exhibit ongoing parental interest in the child. A child released to a government-authorized third party, however, could be considered to have been abandoned even if the parent(s) knew at the time that the child would probably be adopted by a specific person or persons, so long as the relinquishment was not contingent upon adoption by a specific person or persons.

  7. Is a child who is unconditionally given to an orphanage considered abandoned?
    The relinquishment or release of the child by the parent to a third party for custodial care in anticipation of, or preparation for, adoption does not constitute "abandonment" unless the third party (such as a governmental agency, a court of competent jurisdiction, an adoption agency, or an orphanage) is authorized under Sierra Leonean law to act in such a capacity. Sierra Leonean law does not have a provision that authorizes an adoption agency or orphanage to act in the capacity of taking relinquishment statements for the purpose of abandonment. Primary evidence of abandonment is a decree from a court or other competent authority making the child a ward of the state and unconditionally divesting the parent(s) of all parental rights over the child.

  8. Does the U.S. Embassy in Dakar still accept relinquishment statements signed by birth parents at the orphanage or adoption agency?
    No. The U.S. Embassy has learned that there are no registered adoption agencies or orphanages in Sierra Leone that are authorized under the child welfare laws of Sierra Leone to take the relinquishment or release of a child who has been abandoned by his or her birth parents.

Immigrant Visa Procedures

  1. Is it better to file my I-600 petition with USCIS in the U.S. or with the U.S. Embassy in Dakar?
    This depends. If you want to file your I-600 petition with the U.S. Embassy in Dakar, it must be complete, one of the adopting parents must be physically present to file the I-600 petition, and the U.S. consular officer is only authorized to approve readily approvable I-600 petitions. That means that the U.S. consular officer must be prepared to sign or have already signed the I-604 at the time you file your I-600 petition. If the petition is not readily approvable, the U.S. consular officer must forward the petition to the United States Citizenship and Immigration Services (USCIS) office in Accra, Ghana for adjudication. Many parents find it easier to communicate with the USCIS office having jurisdiction over their place of residence in the U.S. than the USCIS office in Accra, Ghana.

    When a field investigation is required, many parents choose to file their I-600 petition with a USCIS office in the U.S. The USCIS office can adjudicate the I-600 petition while the field investigation is pending. Then, once the U.S. consular officer confirms orphan status and signs the Form I-604, you have the option of traveling with your child to Dakar to file the immigrant visa application, or granting power of attorney to someone you trust in Freetown to travel to Dakar to process your child's immigrant visa application.

  2. Why can't I file my I-600 petition or apply for my adopted child's immigrant visa at the U.S. Embassy in Freetown?
    The U.S. Embassy in Freetown does not have a full-time consular officer and does not currently adjudicate I-600 petitions.

  3. Am I required to personally appear at the U.S. Embassy in Dakar to file my I-600 petition?
    Yes, at least one adopting parent must personally appear at the U.S. Embassy if you prefer to file your I-600 petition in Dakar. Both adopting parents must sign the original I-600 petition.

  4. What is the best way to send documents to the U.S. Embassy in Dakar from Freetown?
    Most parents find it easiest to go to a local Internet café and scan and then email the documents to consulardakar@state.gov.  This way they have an electronic copy of their documents and confirmation via email that the documents have been received. You may also fax the documents to 011-[221] 822-5903, but delays and unreliable fax service are frequent.

  5. Can I schedule my interview with the U.S. Embassy in Dakar on my way home from Sierra Leone? How long does this take?
    The Consular Section at the U.S. Embassy in Dakar adjudicates immigrant visas on Mondays and Wednesdays. The Consular Section always tries to schedule interviews on a date convenient to adopting parents. The Embassy closes at 1:00 p.m. on Fridays and has a Saturday-Sunday weekend.

    Normally, an I-600 petition and immigrant visa application can be processed in one day. You should schedule your child's medical examination the morning of the immigrant visa appointment. The physician will have all of the required forms and can give you the results right away (unless there is a problem, which is very rare).

    You should appear at the embassy at 7:30 a.m. on the day of the immigrant visa appointment and ask for the senior Immigrant Visa Consular Assistant. She will take all of the original documents and make sure nothing is missing.

    Then, you should go for your child's photos if you have not had them taken already. Normally, you would return to the U.S. Embassy with the photos and the medical examination forms for the visa interview with the U.S. Consul at 11:30 a.m. The visa is normally ready the next day.

  6. Is there anyone who can help us navigate the Dakar International Airport?
    If you would like to hire a private company to assist you at the airport, it will cost USD 30.00 per one-way trip per person. The company the U.S. Embassy uses is called Agence Elite and the contact information is:

    Tel: 869.50.56
    Fax: 820.71.11
    E-mail: eliteagence@sentoo.sn
    Contact: Mrs Khadidia KANE

  7. How can I prove that my child qualifies for an Immediate Relative-3 (IR3) visa?
    The court order issued by the High Court of Sierra Leone will either state that you hereby adopt your child (IR3) or are authorized to adopt your child (IR4). To prove that you saw your child prior to or during the adoption proceeding, you can show copies of your entry stamps to Sierra Leone that were placed in your passport by Sierra Leonean immigration officials and/or provide a photograph of you with your child. Your child must also meet the U.S. orphan definition (as discussed above).

Field Investigations

  1. What is a field investigation and what purpose does it serve?
    In accordance with Title 8 Code of Federal Regulations, an I-604 orphan investigation must be completed in every orphan case. There are no provisions in this law to waive this requirement.

    In countries such as Sierra Leone, where there is a high level of adoption fraud and it is very easy to obtain fraudulent civil documents, field investigations are often the only way to confirm whether or not a child is an orphan under U.S. law. A field investigation means that staff from the U.S. Embassy in Freetown will interview witnesses, authenticate documents with government officials, and often travel to various locations to confirm the facts presented as evidence that a child is an orphan in accordance with U.S. law. When field investigations are required, the U.S. Consul in Dakar, with assistance from the U.S. Embassy in Freetown, conducts the I-604 investigations for adoptions from Sierra Leone since United States Citizenship and Immigration Services does not have an office in Dakar.

    If the consular officer cannot conclude that a child is an orphan without a field investigation, there are no provisions to waive the requirement for a field investigation.

  2. Is it possible to request the field investigation before the High Court issues a court order granting the adoption or legal custody of my child?
    Normally, a field investigation is not conducted until an I-600 petition is filed. In order to save parents time, the U.S. Embassy in Freetown has agreed to conduct field investigation before the I-600 petition is filed, but only after the parents obtain a court order.

  3. The consular officer told me that a field investigation is not required, but that the U.S. Embassy in Freetown still must authenticate my documents. Why?
    Due to the high level of document fraud in Sierra Leone, the consular officer verifies the authenticity of all birth and death certificates as part of the I-604 investigation. This can be done fairly quickly in Freetown, but may take longer if the birth and/or death was registered in a town outside of Freetown.

  4. The Ministry of Social Welfare and the High Court of Sierra Leone have both approved the adoption and interviewed the birth parent(s). Why isn't this enough to confirm that my child is an orphan?
    Unfortunately, recent field investigations have shown that some birth parents were not aware that they were giving up all rights to their children.  I n some cases, birth parents misunderstood or were misled by orphanages to believe that adoptions are temporary and that their children will return after a period of time in the U.S.

    Adoption fraud is widespread in Sierra Leone. Unfortunately, Ministry of Social Welfare approval and a High Court of Sierra Leone court order are sometimes insufficient to confirm a parent's intent at the time she or he signed a relinquishment statement. 

  5. Why does a field investigation take so long ?
    The U.S. Embassy in Freetown is only staffed to provide limited consular services. This small consular staff provides American citizen services to Americans living and visiting Sierra Leone, and conducts fraud investigations and document authentication for the three U.S. Embassies in the region that adjudicate visas for residents of Sierra Leone. The consular staff does its best to complete all requests for fraud investigations as quickly as possible given limited resources.

  6. What can I do to speed up the field investigation?
    You can provide as much information as possible regarding the last known address of birth parents and potential witnesses. Please do not arrange for a birth parent or potential witness to appear at U.S. Embassy Freetown since rampant document fraud makes it impossible to verify the identity of the individual who appears at U.S. Embassy Freetown. Please keep in mind that the consular staff at U.S. Embassy Freetown will do its best to assist any American citizen in Sierra Leone, but since staff and time are limited, when a consular employee is responding to special requests by American citizens, they have less time available for conducting field investigations.

  7. Can our field investigation be expedited if we present special circumstances?
    In order to be fair to all American parents, consular staff at the U.S. Embassy in Freetown conducts field investigations on a first-come, first-served basis. We understand that the delay caused by field investigations has a serious emotional and financial impact on American parents and their adopted children and, therefore, we attempt to complete all of the field investigations as quickly as possible.

  8. Once the U.S. Embassy has the field investigation report, how long does it typically to make an orphan determination?
    The U.S. Consul in Dakar typically notifies adopting parents by email of the orphan determination within one working day after receiving the results of a field investigation.

  9. I would like to stay in Freetown while the field investigation is pending, can you expedite my investigation since it is a hardship to remain in Freetown?
    We appreciate the hardships, both emotional and physical, that all American parents and their adopted children experience while they wait for the outcome of the field investigation and have not put in place any policy that would allow one case to be treated more expeditiously than others.

  10. If U.S. Embassy Freetown needs more resources in order to speed up my field investigations, what can I do to help get them the resources it needs?
    The Department of State is aware of the need for additional resources for the U.S. Embassy Freetown and is currently reviewing a request for additional staffing. Resolving this matter remains a priority for the Department of State. We will continue to move forward in an effort to resolve this matter expeditiously.

Appeals and Complaints
The U.S. Consul in Dakar told me my adopted child is not an orphan under U.S. law. How can I appeal this decision?
If you've been informed that your child is not an orphan and you have not yet filed an I-600 petition with USCIS, this is an informal determination. In order to have an official decision, you will need to initiate the formal process, which you can do at any time.  This begins with filing an I-600 petition with USCIS or Embassy Dakar.  Department of State Consular Officers are authorized to approve only those I-600 petitions that are readily approvable.  Those that are not readily approvable must be sent to DHS for adjudication. 

Glossary for Adoptions in Sierra Leone
High Court of Sierra Leone:This is the court in Sierra Leone that processes all requests for international adoptions of children resident in Sierra Leone.

Sierra Leonean Ministry of Social Welfare, Family and Children's AffairsThis is the Ministry in Sierra Leone with responsibility over adoptions and child welfare.

U.S. Embassy Dakar:Department of State consular officers at U.S. Embassy Dakar are responsible for adjudicating immigrant visa applications for residents of Sierra Leone, and can also approve I-600 petitions that are readily approvable.

U.S. Embassy Freetown:Department of State consular officers at U.S. Embassy Freetown are responsible for authenticating civil documents and conducting orphan field investigations at the request of U.S. Embassy Dakar.