International Adoption


MALI
January 2006

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.

PLEASE NOTE: The Government of Mali gives priority to Malian citizens for adoption of Malian children, but can consider applications from foreigners wishing to adopt Malian children as well.

The U.S. Embassy in Dakar, Senegal issues immigrant visas for Malian citizens, including adopted orphans. Please review carefully the information found later in this flyer regarding the immigrant visa procedures at the U.S. Embassy in Dakar. Failure to comply with the Embassy’s requirements could result in a denial of the child’s visa case.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE UNITED STATES: Recent U.S. immigrant visa statistics indicate that fewer than five immigrant visas have been issued to Malian orphans in the last five years.

ADOPTION AUTHORITY IN Mali: The Ministère de la Promotion de la Femme, de l’Enfant et de la Famille (MPFEF), or Ministry for the Advancement of Women, Children and the Family, is responsible for adoptions in Mali. The specific office within the MPFEF charged with overseeing the adoption of orphaned children is the Direction Nationale de l’Enfant et de la Famille (hereafter Direction Nationale).

TYPES OF ADOPTION IN MALI: Malian law distinguishes between two types of adoption. It is imperative that prospective adoptive parents understand this distinction and obtain the correct type of adoption in order for the child to be eligible to immigrate to the United States.

1) Adoption Protection gives the prospective adoptive parent custody over the child and obligates the custodial parent to provide for the child's food, shelter, schooling and medical needs. In the interest of the child, adoption protection can be terminated at any time by the custodial party/parties, the Malian government, or the biological parent(s). Under certain circumstances, Adoption Protection can form the basis to obtain a visa to bring the child to the U.S. and finalize the adoption there. Prospective adoptive parents must obtain an attestation from the Direction de la Enfant et de la Famille verifying that the Adoption Protection was obtained legally in order to secure the relase of the child for emigration and adoption. Please consult the U.S. Embassy in Dakar before pursuing the Adoption Protection route for intercountry adoption.

  • Adoption Filiation allows for complete legal, parental rights to be established between the prospective adoptive parents and the adoptee. Under Malian law, an adopted child with a filiation decree becomes a full heir with the same rights as a biological child. Children under the age of 5 whose parents are either deceased or unknown are eligible for adoption filiation. The adoptive parent(s) must not have any legitimate children or descendants to qualify for Adoption Filiation. Prospective adoptive parents are encouraged to use Adoption Filiation, rather than Adoption Protection, to complete an intercountry adoption in Mali. For guidelines on Adoption Filiation, please read the information below.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: The Government of Mali places orphaned children with families according to the following order of preference: Malian nationals, foreign nationals residing in or who have resided in Mali, qualified foreign families without children and foreign families who have already adopted a Malian child. Adopted children are generally placed with married couples, in which case either the husband or the wife must be at least 30 years old. An unmarried woman may adopt a Malian child if she is at least 30 years old and can demonstrate proof of sufficient economic resources to support the child. Unmarried men may not adopt Malian children.

RESIDENCY REQUIREMENTS: There are no residency requirements for adoption. However, the Malian authorities tend to view more favorably prospective adoptive parents who are currently living in or have previously lived in Mali.

TIME FRAME: The adoption process in Mali can take from three to eighteen months to complete. Once the case has been presented to the Court of Justice, final review and the issuance of the adoption decree typically take 15 days.

ADOPTION AGENCIES AND ATTORNEYS : Adoption Filiation must pass through the MPFEF’s Direction Nationale. The MPFEF works exclusively with the only orphanage in Bamako. Malian law strictly prohibits the involvement other agencies or associations.

Please see Important Notice Regarding Adoption Agents and Facilitators at the U.S. Department of State, Bureau of Consular Affairs’ Web site: travel.state.gov.

ADOPTION FEES IN Mali: The fee for issuing an adoption decree is 10,000 West African Francs or approximately 20 USD.

MALIAN ADOPTION FILIATION PROCEDURES: As part of their formal application to adopt a Malian child via adoption filiation, prospective adoptive parents may express preferences with regard to child’s gender and age. However, the MPFEF’s Direction Nationale identifies the specific child.

Prospective adoptive parents residing in the United States may submit their adoption applications to the Malian Embassy in Washington, D.C. Be sure to address the envelope to the Ministère de la Promotion de la Femme, de l’Enfant et de la Famille. The complete mailing address for the Malian Embassy is :

Embassy of the Republic of Mali
2130 R Street NW
Washington, D.C. 20008

Tel: (202) 332-2249
Fax: (202) 332-6603

Internet: http://www.maliembassy.us/new_site/default.htm

Prospective adoptive parents residing in Mali should submit their applications directly to :

Direction Nationale de l’Enfant et de la Famille
Ministère de la Promotion de la Femme, de l’Enfant et de la Famille
B.P. 2688, Bamako, Mali
(e-mail: mpfef@cefib.com )

If the prospective parent(s) are working with a Malian lawyer, it is possible for the adoption procedures and court proceedings in Mali to be held without the presence of the adopting parent(s). In this case, the parent(s) would still need to travel to Mali to accept the adopted child from the Direction Nationale once those proceedings have been completed.

The MPFEF will not release newly adopted children to anyone other than the adopting parent(s).

The process for obtaining an Adoption Filiation decree in Mali is as follows:

1. The prospective parent(s) compile all required documents, including an application and written statement of preferences, to the “Ministère de la Promotion de la Femme, de l’Enfant et de la Famille” (see address above). A list of required documents is noted below.

2. The MPFEF’s Direction Nationale notifies the prospective adoptive parent(s) of the status of the pending application, i.e., whether it has been approved or denied. Once an adoption application has been approved, the Direction Nationale offers a child to the prospective parent(s). The applicant parent(s) may decline the child, but if they wish to proceed with a Malian adoption of a different child they must then resubmit a new application and start the process from the beginning.

3. After agreeing to adopt a child identified by the Direction Nationale, the prospective adoptive parents, together with a representative from the Direction Nationale, take the case to the ‘Tribunal de la Première Instance’ in Commune 5 in Bamako. During the court hearing the Direction Nationale serves as an advocate for the adopting parent(s). Only the Court in Commune 5 is authorized to issue adoption-filiation decrees. There is a 15-day waiting period after the Court’s decision in case someone objects to the adoption. The fee for the Court proceedings is 10,000 West African Francs

4. An Adoption Filiation can occur only when the following conditions are met:

  1. There is good reason for adoption and the adoption will benefit the child;
  2. The child is under 5 years of age
  3. The child has been abandoned, with parents either unknown or deceased, and no other parent is capable of caring for the child.

DOCUMENTS REQUIRED FOR ADOPTION IN MALI:

1. Certified true copies of the following:

  1. Birth certificates of the adopting parent(s)
  2. Marriage certificate of adopting parents.

2. Police record or certification of the lack thereof.
3. A home-study conducted by U.S. authorities if prospective parent(s) live in the U.S. If prospective parent(s) live in Mali, the home-study will be conducted by the Direction Nationale du Developpement Social in Bamako.
4. Certificate attesting to the good health, both mental and physical, of the adopting parent(s)
5. Residence certificate (if resident in Mali)
6. U.S. passport and/or certificate attesting to nationality of adopting parent(s) issued by the U.S. Embassy in Bamako.
7. Pay statements and tax records indicating residency, employment and annual income of adopting parents.
8. Notarized statement appointing a parent or friend as the child’s guardian in the case of adopting parents’ death.
9. Agreement to provide a yearly report on the child’s welfare to the MPFEF’s Direction Nationale.
10. Four letters of reference

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD: Mali is not a party of the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents, so the Legalization Convention “apostille” certificate should not be used for documents to be presented in Mali.

Instead, the “chain authentication method” must be used to authenticate documents for Mali. This process involves seeking the proper authorities to attest to the validity of a succession of seals or signatures beginning with the seal on your document, proceeding to the U.S. Department of State Authentications Office, and ending with the seal of the Malian Embassy in Washington.

Three Types of Documents for Authentication:

I. Civil Records and Notarized Documents: Civil Records (birth, death and marriage certificates) must be issued under the seal of the custodian of the state records. Certified true copies of civil records executed before a notary public are not acceptable to foreign governments. The appropriate official in the state government must authenticate civil records or notarized documents. This is usually in the state Secretary of State’s office. To locate this office in the state in which your document was issued, please see the National Association of State Secretaries of State, Notary Public Administrators Section.

State Court Records : Court documents must have an original signature by the judge and seal of the state court. The judge’s signature is then certified by the Clerk of the Court prior to being sent to the state Secretary of State’s office or other appropriate office for authentication of the seal of the state court. See the National Association of State Secretaries of State for information about how to contact the state office that will authenticate a seal on a state court record.

II. Federal Documents: These include documents such as certified copies of I-600As and I-600s, other documents from USCIS or other federal agencies other than the U.S. Department of State. To authenticate these documents, first obtain the seal of the agency that issued the documents. Then the documents must be submitted to the U.S. Department of State Authentications Office for use abroad. Finally, the Malian Embassy can authenticate the seal of the U.S. Department of State Authentications Office. Information about replacing a Certificate of Citizenship or Naturalization is available from the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Please consult USCIS for information about the need for original documents.

III. U.S. Department of State/Passport Records: These documents include Passport Records, Consular Reports of Birth Abroad (CRBA), and Consular Reports of Death Abroad (CRDA). These are maintained by the U.S. Department of State Passport Office and must be authenticated there. Please see the Passport Service guidance on how to obtain authenticated copies of CRBAs and CRDAs. For information about how to obtain copies of U.S. passport records see the guidance on the Consular Affairs home page.

Please visit the U.S. Department of State, Bureau of Consular Affairs’ web site at travel.state.gov for additional information about authentication procedures.

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 U.S. Department of State, Bureau of Consular Affairs Web site, http://travel.state.gov, under “International Adoptions.”

Before completing an adoption abroad, adoptive parents are strongly encouraged to review the requirements for filing I-600 petitions for orphans adopted by U.S. citizens. Please see the flyer How Can Adopted Children Come to the United States at our Web site http://travel.state.gov/.

Note: Visa issuance after the final interview now generally takes 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.

APPLYING FOR AN IMMIGRANT VISA AT THE U.S. EMBASSY IN DAKAR, SENEGAL:

When the U.S. Embassy in Dakar receives notification from U.S. Citizenship and Immigration Services (USCIS) of an approved petition I-600A, it will send the adopting parents a packet of pre-interview forms and instructions.

Filing an I-600 Petition

Prospective adoptive parents may file their orphan petition (I-600) with either the USCIS office having jurisdiction over their home of residence (the same office that approved the I-600A) or the U.S. Embassy in Dakar.

The U.S. Embassy in Dakar can accept only complete and original I-600 petitions and at least one adopting parent must be physically present at the time the I-600 petition is filed. If only one parent is present, the other parent must have signed the completed I-600 petition. Parents must pay a fee to file an I-600 petition for each additional child unless the additional child is a biological sibling of the child named in the first petition. The U.S. Embassy in Dakar can approve an I-600 petition only after a consular officer has confirmed that the child is an orphan under section 101(b)(1)(F) of the INA. I-600 petitions that are not "readily approvable" are forwarded to the USCIS office in Accra, Ghana, for review.

Adopting parents can schedule an appointment with the U.S. Embassy in Dakar to file an I-600 petition by emailing consulardakar@state.gov. Appointments are scheduled outside of our normal immigrant visa hours in order to minimize the time families must be in Dakar.

Applying for an Immigrant Visa

If the U.S. Embassy in Dakar determines that the I-600 petition is readily approvable, prospective adoptive parents may then file the child or children’s immigrant visa application(s) in Dakar on the same day as their appointment to file an I-600 petition.

If USCIS approves an I-600 petition, the U.S. Embassy in Dakar will notify the prospective adoptive parents that it has received notification of that approval and provide instructions on how to schedule an appointment to submit the immigrant visa application. Parents are encouraged to email consulardakar@state.gov to confirm whether the U.S. Embassy in Dakar has received an approval notice for an I-600 petition filed with or forwarded to USCIS.

The adopted child must be physically present at the U.S. Embassy in Dakar at the time of the immigrant visa interview. At the interview, the parents or their legal representative must present the following items:

  1. USCIS-approved I-600A, together with proof of the parents’ citizenship, marriage (if applicable), fingerprint check, homestudy results and proof of compliance with U.S. state pre-adoption requirements;
  2. The required immigrant visa fee in cash, either in U.S. dollars or West African Francs (CFA).
  3. An original and one copy of the adoption order from the Malian Court. [Important Note: As has been stated elsewhere in this flyer, the adoption decree must be one of “ Adoption Filiation.“ A Malian “Adoption Protection” order is insufficient for U.S. immigration purposes.]
  4. An original and one copy of the child’s Malian birth certificate.
  5. Originals and one copy of any/all documents provided as evidence that the child is an orphan, including an original form I-604 (Orphan Investigation).
  6. Medical exam completed by a panel physician associated with the U.S. Embassy in Dakar. If the child is under 10 years old and has not received all of the required vaccinations, the adopting parents must also submit a signed affidavit that they will get the child vaccinated within a determined period of time after his/her arrival in the United States.
  7. Original form I-864 and supporting documents (required only if the child will be receiving an IR-4 category visa). Originals can be mailed to and approved by the U.S. Embassy prior to the interview date.
  8. Original Power of Attorney for legal representative if parents are not physically present.
  9. Valid Malian passport for the child and one copy of passport.
  10. Two 2-inch-by–2-inch photographs of the child with a white background.

For more detailed instructions on filing an application for an immigrant visa, please visit the U.S. Embassy Dakar web site at: http://usembassy.state.gov/dakar/wwwhvisaimen.html. Adopting parents are encouraged to e-mail any questions they may have regarding this process to consulardakar@state.gov.

U.S. Embassy In Mali:

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:

Rue De Rochester NY and Rue Mohamed V
B.P. 34
Bamako

Tel: 222-54-70 or 222-36-78

ACQUIRING U.S. CITIZENSHIP: Under the Child Citizenship Act of 2000, which became effective on February 27, 2001, orphans adopted by U.S. citizens acquire U.S. citizenship automatically when all of the following requirements have been met:

  • at least one parent is a U.S. citizen;
  • the child is under 18 years of age;
  • there is a full and final adoption of the child; and
  • the child is admitted to the United States as an immigrant.

A foreign-born adopted orphan who enters the United States on an IR-3 category visa and who meets the requirements listed above is a U.S. citizen upon admission into the United States. It is important to note that in order for the child to qualify for an IR-3 visa, both adopting parents (if married) or the sole adopting parent (if single) must have seen the child prior to or during the adoption process.

A foreign-born orphan who enters the United States on an IR-4 category visa and who will subsequently be adopted in a U.S. court is a Legal Permanent Resident upon admission to the United States. Once a final, legal adoption is granted in the state of residence, the child becomes a U.S. citizen.

For further information, please consult with the consular section at the U.S. Embassy or the nearest office of U.S. Citizenship and Immigration Services. Additional information is available at: http://travel.state.gov/family/childcitfaq.html or http://uscis.gov/graphics/index.htm.

ADDITIONAL INFORMATION: Specific questions about adoption in Mali may be addressed to the U.S. Embassy in Mali. General questions regarding international adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4 th 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 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.
  • 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 international country 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 at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the Internet web site, as above.