INTERCOUNTRY ADOPTION


ZAMBIA

 

December 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. Three 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; 2) the laws of the adoptive parents’ state of residence establish qualifications they must meet in order to adopt; and 3) 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.

Zambia is not a signatory to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in respect of Intercountry Adoption (The Hague Convention).


PLEASE NOTE: Americans are advised to consult the Bureau of Consular Affairs’ Country Specific Information for Zambia at http://www.travel.state.gov/travel/cis_pa_tw/cis/cis_1765.html for current information on traveling to Zambia.


PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.:  Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans

Fiscal Year        Number of Immigrant Visas Issued
FY 2007                                 25
FY 2006                                 19
FY 2005                                   4
FY 2004                                 10
FY 2003                                   4
 


ADOPTION AUTHORITY IN Zambia:  The Department of Social Welfare of the Ministry of Community Development and Social Services oversees adoptions.  Prospective adoptive parents may contact Social Welfare Officers and Juvenile Inspectors of the Provincial and District Social Welfare Offices to apply for adoption.

Commissioner for Juvenile Welfare
Ministry of Community Development & Social Welfare HQ
P.O. Box 31958
Lusaka, Zambia
Telephone:  (26)-021-123-5343, (26)-021-122-3319, (26)-021-123-6967
Fax:  (26)-021-123-6968, (26)-021-123-5343
Email:  sw@gov.za, mcdss@zamnet.zm


Lusaka Provincial Social Welfare Office
Boma House Church Road
P.O. Box 30281
Lusaka, Zambia
Telephone: (26)-021-122-5770

Luapula Provincial Social Welfare Office  
Provident House
P.O. 710041
Mansa, Zambia

Northern Provincial Social Welfare Office
Provident House
P.O. 410013
Kasama, Zambia

Northwestern Provincial Social Welfare Office
Provincial Community Development Centre
P.O. 110013
Solwazi, Zambia

Eastern Provincial Social Welfare Office
Government Offices
P.O. 510075
Chipata, Zambia

Central Provincial Social Welfare Office
Community Development Centre
P.O. 800411
Kabwe, Zambia

Southern Provincial Social Welfare Office
Pamodzi Highway
P.O. 60487
Livingstone, Zambia

Western Provincial Social Welfare Office
P.O. 910063
Mongu, Zambia

Copperbelt Provincial Social Welfare Office
Independent Avenue (opposite Development House)
P.O. 72081
Ndola, Zambia


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Adoptive parents must be at least 25 years old to adopt.  Prospective adoptive parents (or one of them if it is a couple) must be at least 25 years old and at least 21 years older than the child. If they are related to the child, then they must be at lest 21 years old.  Prospective adoptive parents may be married or single; however, single men may not adopt a female child unless the court is satisfied there are special circumstances warranting such an adoption.


RESIDENCY REQUIREMENTS:   According to the Zambian Adoption Act adoptive parents must be resident in Zambia for a period of at least 12 months in order to adopt a Zambian child.  Furthermore, adoptive parents may be required to foster the child for three months.  Zambian adoption law may be fairly flexible, but at the minimum, U.S. citizens with an approved I-600A or I-600 indicating the completion of the home study, have to complete the three months fostering requirement. Zambian courts issue adoption and custody orders based on recommendations made by social welfare officers at the district level.  If the social welfare officers are satisfied that the parents are suitable to adopt and that the adoption is clearly in the interest of the child, they are likely to recommend adoption to the courts.


TIME FRAME: Zambian adoption law mandates a three-month continuous care requirement and a 12-month residency requirement prior to finalizing an adoption.  The foster care period can be within the 12-month residency period. If the 12 month residency requirement is waived in lieu of the mandatory fostering, adoption processing may be completed within a few months.


ADOPTION AGENCIES AND ATTORNEYS: U.S. Adoption agencies must be registered with the Commissioner of Juvenile Welfare in order to provide adoption services in Zambia.  Currently, there are no registered U.S. adoption agencies licensed to work in Zambia.  Prospective adoptive families may also hire an attorney to assist them with Zambian legal requirements.  The U.S. Embassy in Lusaka has a list of lawyers who will work with U.S. citizens [http://www.usemb.org.zm/wwwhlawyers.htm], but the Embassy cannot restrict applicants from using other attorney nor recommend the services of any specific attorney.

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


ADOPTION FEES IN Zambia: Adoption agencies, attorneys, and courts charge fees for services rendered.

Government fees include:

Fostering fee – 50,000 kwacha (approximately $12.00)
Adoption court fee – 50,000 kwacha (approximately $12.00)
Zambian passport fee – 72,000 kwacha (approximately $24.00)
Registration/certificate of adoption – 105,000 (approximately $26.00)
Costs as may be determined by the court – 105,000 (approximately $26.00)

If a parent chooses to work with an attorney, please be aware that hourly fees vary widely, just as they do in the U.S. 

Attorney’s fees – 4,500,000 – 15,000,000 kwacha (approximately $10,000 – 35,000) 

The U.S. Embassy in Lusaka is not aware of any fees prospective adoptive parents have to pay to the orphanage where the child resides and would discourage any fees that are not properly receipted, “donations” or “expediting” fees that may be requested from prospective parents.   Any irregular fees paid have the appearance of “buying” a baby, which is strictly against international law and puts all future adoptions at risk. 


ADOPTION PROCEDURES:  Prospective adoptive families must first apply to the Commissioner for Juvenile Welfare for permission to adopt.  If foreign citizen prospective adoptive parents are resident in Zambia, Zambian social workers will interview them and conduct a home study.  U.S. citizens residing in the U.S. may submit an approved Form I-600A instead.  (See the “U.S. Immigration Requirements” section below for further information on the I-600A process.)

An adoption agency places the child with the prospective adoptive parents upon approval by provincial adoption committee.  Parents must foster the child in Zambia for three months.  After three months, parents file an adoption application with the court of the first class (provincial court).  The child is assigned a guardian ad litem, (Social Worker) who will represent the child’s interests before the court, investigate what is in the child’s best interests, and report his/her findings to the court at the adoption hearing.  A summons will be served on the adoptive parents, the child and any person caring for the child (if applicable). The hearing is confidential.  Once the adoption order is issued it must be recorded with the Registrar General’s Office and the child’s details are entered into the register as an adopted child.

Note:  Another possibility for Zambian adoption cases is to file the adoption petition in the High Court.  However, this is a much lengthier process.  Adoptions filed in the High Court can take up to two years to complete.

The child will receive a new birth certificate in his or her adoptive name. The adoptive parents receive an adoption decree, which is the final document and signifies the successful completion of the process.  Equipped with the two documents, the child applies for a new Zambian passport in the adopted name.  Passports can be obtained at passport offices in Lusaka, Ndola and Livingstone.  Officially, processing time for passport applications is 21 days; however, passports are usually issued within a week of submission of the application.


DOCUMENTS REQUIRED FOR ADOPTION IN ZAMBIA: Evidence of adequate finances (home study information will suffice), birth certificates of parent(s), passport, marriage certificate, and approved I-600A (this can serve as evidence that the adoptive parents were vetted for suitability by U.S. authorities and can be used to avoid the residency requirement).


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  For more information on authenticating U.S. documents to be used abroad, please visit our web site at http://travel.state.gov/law/info/judicial/judicial_702.html.


Zambian EMBASSY IN THE UNITED STATES:
The Embassy of the Republic of Zambia
2419 Massachusetts Avenue, NW
Washington DC 20008
Telephone: (202) 265-9717
Email: info@zambiainfo.org


U.S. IMMIGRATION REQUIREMENTS:  Prospective adopting parents are strongly encouraged to consult U.S. CSI publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The U.S. CSI publication is available at the U.S. CSI Web site. The Department of State publication International Adoptions   can be found on the Bureau of Consular Affairs Web site, http://travel.state.gov, under “Intercountry Adoptions.”

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”. 


APPLYING FOR A VISA FOR YOUR CHILD AT THE U.S. EMBASSY IN ZAMBIA: Adoptive parents are advised to contact the U.S. Embassy in Lusaka to schedule an immigrant visa appointment for their adopted child.  Appointments are usually scheduled for Tuesdays and Thursdays between 2 and 4pm.  Adoptive parents can file I-600s at post and the Consular Section can process the I-600 and immigrant visa quite efficiently. Assuming the applicant is documentarily qualified, the process could be completed within a week.

NOTE: Visa issuance after the final interview now generally takes at least 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.  Adoptive parents should verify current processing times before making final travel arrangements.

U.S. Embassy In Zambia:

As soon as prospective adopting parents arrive in Zambia, they should contact the Consular Section of the U.S. Embassy in order to register their presence in Zambia.  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, 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:

The American Embassy
Corner of Independence and United Nations Avenues
Phone: (26)-021-125-0955,
Fax: (26)-021-125-2225
E-mail: ConsularLusaka@state.gov 
http://lusaka.usembassy.gov/


ACQUIRING U.S. CITIZENSHIP:  Information about the Child Citizenship Act of 2000 and acquisition of U.S. citizenship for adopted children is available at http://travel.state.gov/family/childcitfaq.html.


ADDITIONAL INFORMATION: Specific questions about adoption in Zambia may be addressed to the U.S. Embassy in Zambia. General questions regarding international adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI,  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 international adoption of children 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.  Press 1 for additional information on visas, and press 0 to speak to a Visa Information Officer, available 8:30 a.m.  - 5:00 p.m. EST/EDT, Monday through Friday (except Wednesdays 11 a.m. - 12:00 noon)
  • DHS Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

  • Adoption Information Flyers:  the 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 CSI 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 Hotline 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