INTERCOUNTRY ADOPTION


TOGO


January 2008


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 indicate that only two orphan visas have been issued to Togolese children within the past five fiscal years.


ADOPTION AUTHORITY IN TOGO: According to the Togolese Civil Code (article 224), the request for adoption must be presented to the Court of the residence of the adoptee. However, the High Court of Lomé has jurisdiction over intercountry adoptions by default. While a High Court Judge may pronounce a full and final adoption, he/she may do so only after consulting with the Ministry of Social Affairs, and specifically the Adoption office within . The High Court, with the assistance of the Ministry of Social Affairs, will identify and match a child with potential adoptive parents if needed.

High Court of Lomé
Tel: (228) 221 56 39 (this is in fact the social affairs office’s number)
B.P. 342
Lomé, Togo


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: According to articles 209 and 210 of the Togolese Civil Code, both married couples (married for at least five years, not separated, and one spouse above 30 years old) and single individuals of 35 years old or older may adopt, provided that at the time of their application to adopt a Togolese child, the applicants do not already have biological children together (a couple with biological children from another union may adopt as long as they have no biological children together at the time of the adoption). The Ministry of Social Affairs does not allow same sex couples to adopt in Togo.

RESIDENCY REQUIREMENTS: There are no residency requirements for intercountry adoptions.

TIME FRAME: When the adoption concerns a child chosen by the adoptive parents, the process can take up to three (3) months, and in some much cases, longer. When the government places a child with prospective adoptive parents, the length of time will vary depending of the complexity of the case and availability of a child.


ADOPTION AGENCIES AND ATTORNEYS: There are no private adoption agencies in Togo and attorneys are not authorized to sign adoption decrees. (The only document that notaries are authorized to issue is the Notarized Adoption Consent to be included in file for the Court review and decision. The Notarized Adoption Consent document occurs only after a home study.  Notaries can assist prospective parents in locating the correct office responsible for each paper. They can give some local guidance in what can be a very confusing bureaucratic process. Prospective adoptive parents can expect to pay attorneys fees for services rendered.

Prospective adoptive parents should contact the U.S. Embassy in Lomé for an updated list of local notaries.
Please be advised that some lawyers and notaries may promise to facilitate adoptions or help families overcome legal ineligibilities preventing them from adopting in Togo.   The Ministry of Social Affairs has emphasized that these lawyers have no influence in the adoption process, only the High Court and Social Affairs do. The Ministry of Social Affairs has reiterated that the Adoption laws are not flexible and must be abided by fully.


ADOPTION FEES: Fees involved in the adoption procedure vary from case to case. Prospective adoptive parents should expect to pay a minimum of $150 to as high as $1,000. Also, applicants should include a self-addressed envelope for return postage in their application package to the High Court. The standard postage to the US is CFA 650, which is a little over a dollar. Prospective adoptive parents may wish to consult with overseas delivery services to find out the exact price for pre-paid envelopes for document deliveries from Togo.


ADOPTION PROCEDURES: An adoption file should first start with an appointment with the officer in charge of adoption at the High Court of Lomé. Tel: (228) 221 56 39. The U.S. Embassy can set up the appointment for you. The documents and fees incorporated in this flyer should be taken as a guideline; procedures tend to change frequently and without notice, so the court officer will be able to give you specific information on what will be required for each case.
An Application for adoption in form of a letter should be addressed to the President of the High Court of Lomé or the Court of residence of the adoptee together with a required documentation listed below. If a couple initiated the application, both should sign the letter. If the prospective adoptive parent(s) wish to express preferences regarding the age and gender of the child whom they would like to adopt, this information should be included in the letter.

The file should be addressed to:

Service Social près le Tribunal de Première Instance de Lomé
B.P. 342
Contact: Mr. Djikounou Kodjo, 911 5026
Lomé, Togo
Tel. 221 5639

If the adoptive parents have not yet identified a child, the High Court can identify a child who is eligible for adoption. The High Court works with a local NGO (Terre des Hommes) and orphanages. There are no pre-adoption fostering requirements.


DOCUMENTS REQUIRED FOR ADOPTION IN TOGO:
  1. The adoption request to the President of the High Court of Lomé or other competent court with exact age and gender of prospective adoptee;
  2. A police clearance certificate for each applicant (in the case of a couple);
  3. A legalized copy of birth certificate for each applicant (in the case of a couple);
  4. A legalized copy of marriage certificate for couple;
  5. A Medical certificate for each applicant;
  6. A Proof of financial resources (e.g. pay slips/latest bank statement);
  7. An approved I-600A from USCIS;
  8. A copy of the Home Study report;
  9. A copy of the psychological investigation report;
  10. Photographs (of applicants and their apartment/home);
  11. Letters of recommendation from family, friends or acquaintances;
  12. A prepaid or pre-stamped envelope;
  13. A Notarized Adoption Consent document expressing the consent of both parties (in the case of an adoption by consent).

Simple versus Plenary/Full adoption:

For the moment Togolese law does not recognize simple adoption and only offers plenary/full adoptions.  Plenary adoption severs the biological ties of a child with his biological antecedents and replaces them with a new identity, that of his adoptive parents (Note:  Simple adoption has been proposed in the new Civil Code of Law, but has not, as of December 2006, been ratified by the Parliament.  Even then, simple adoption, in correlation with the Hague Convention, will not be relevant to intercountry adoptions.)

Adoption versus Legal Guardianship:

Togolese child and family law stipulates that the legal guardianship of a child or the delegation of parental authority can be granted in cases where the child is an orphan, or in instances where he/she is considered abandoned or needy with no family to provide elementary care.  The legal guardianship and the delegation of parental authority can be an alternative to adoption and not a conduit to adoption. While by effect of law, the adoption creates a relation of affiliation independently of the origin of the adoptee; the legal guardianship and the delegation of parental authority rather authorize the placement of a child with a family until his/her age of majority.  The legal guardianship and the delegation of parental authority can be ended at any time by decision of the Court if new conditions arise. The High Court, in conjunction with the Ministry of Social Affairs, grants legal guardianship and delegation of parental authority in consideration of the highest interest of the child. However, the Court does not authorize the child to be placed or taken out of the country in view of a full and final adoption.  Hence, obtaining custody of a child in order to bring that child to the US to complete an adoption is not legal and should not be envisaged.


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.state.gov/m/a/auth/.


TOGOLESE EMBASSY IN THE UNITED STATES:

Embassy of the Republic of Togo
2208 Massachusetts Ave., N.W.
Washington, DC 20008
Tel: 202-234-4212/3


U.S. IMMIGRATION REQUIREMENTS:  Prospective adopting parents are strongly encouraged to consult U.S. CIS publication M-249, The Immigration of Adopted and Prospective Adopting Children , as well as the Department of State publication, International Adoptions. The U.S. CIS 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 “International Adoptions.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the flyer 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 the U.S. Department of State, Bureau of Consular Affairs web site http://travel.state.gov/.


U.S. EMBASSY IN TOGO: 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:

International Mailing Address
Boulevard Eyadema
B.P. 852
Lomé, Togo

U.S. Mailing Address
Department of State
2300 Lomé Place
Washington, DC 20521-2300


APPLYING FOR A VISA AT THE U.S. EMBASSY IN TOGO: Immigrant visa applications can be submitted to the Embassy on Tuesdays and Thursdays between 7:30 and 10 a.m. After the interview, the visa will be issued one week after approval.


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 Togo may be addressed to the U.S. Embassy in Lomé. 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/ <http://www.travel.state.gov/index.html> 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 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 CIS 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/ <http://www.travel.state.gov/index.html> 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/