INTERCOUNTRY ADOPTION

April 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. 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.

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 NOTE: The Government of Gambia passed into law a Children’s Act in 2005 that includes laws governing adoptions in the country. Under this Act, the Children’s Court has jurisdiction over matters of adoption; therefore, this court must approve all adoption applications. As of March 31, 2006, the Children’s Court has only heard one case, and it was not related to adoptions.

Foreigners are allowed to adopt Gambian children only in exceptional circumstances. Prospective adoptive parents must be resident in The Gambia at least six month prior applying to adopt.

The U.S. Embassy in Dakar, Senegal issues immigrant visas for Gambian 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.

U.S. Embassy Dakar’s website is at: http://usembassy.state.gov/dakar/


PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics indicate only one immigrant visa has been issued to a Gambian orphan in the last five fiscal years.


ADOPTION AUTHORITY IN GAMBIA: The Children’s Court, which has jurisdiction over adoption, coordinates with the Social Welfare Department in Gambia to process adoption applications.


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Adoptions by non-Gambian prospective adoptive parents are allowed only in exceptional circumstances. Adoptive parent(s) can be single or a married couple. The adoptive parent(s) must be at least 21 years old and at least 15 years older than the child, but not over age 60. The spouse of an applicant must also consent to the adoption. Single men may not adopt a female child, nor may single women adopt a male child. The adoptive parent(s) must have fostered the child for a period of at least thirty-six months under the supervision of a Social Welfare Officer. Non-Gambian nationals must have residency in Gambia for at least six months, have no criminal record, and prove economic resources to support the child.


RESIDENCY REQUIREMENTS: Non-Gambians are required to be resident for at least six months in Gambia. Prospective adoptive parents must foster the child for a minimum of thirty-six months under the supervision of a Social Welfare Officer. According to the Department of Social Welfare, the 36 months does not have to take place in Gambia, but must occur under the supervision of a qualified social welfare agency in the place of residence.


TIME FRAME: Currently no information is available on the timeframe for the adoption process in Gambia. Once the adoption process of the Children’s Court is established, this information will be updated.


ADOPTION AGENCIES AND ATTORNEYS: The Children’s Court handles all adoption cases. There are neither specific adoption lawyers nor adoption agencies in Gambia. At this time no private attorneys have brought adoption cases before the Children’s Court.

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


ADOPTION FEES IN GAMBIA: The cost of an adoption decree has not yet been determined. According to the Department of Social Welfare in Gambia, no fees are charged for processing an adoption. The S.O.S. Village, the only orphanage in Gambia, also reported that it does not charge adoption fees. They refer all inquiries to the Department of Social Welfare. The fee for a Gambian passport is 500 dalasi (USD 18).


ADOPTION PROCEDURES: The process begins with an application submitted to the Children’s Court. The Children’s Act of 2005 does not give further details of this process and the Court has not yet heard an adoption case to set precedent or issue procedures. The U.S. Embassy in Banjul and the Department of State’s Office of Children’s Issues are tracking closely the development of this area of law and any precedents the Children’s Court may set, and this flyer will be updated as such information becomes available.


DOCUMENTS REQUIRED FOR ADOPTION GAMBIA: The Children’s Act does not list specific documents that are required for adoption, and the Children’s Court has not yet announced specific requirements.


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/.


GAMBIAN EMBASSY IN WASHINGTON, D.C. AND GAMBIAN MISSION TO THE UNITED NATIONS IN NEW YORK:

Embassy of Gambia
1156 15th Street, N.W., Suite 905
Washington, D.C. 20005
TEL: (202) 785-1399, fax (202) 785-1430
www.gambiaembassy.us

Permanent Mission of Gambia to the U.N.
820 Second Avenue, Suite 900 – C
New York, NY 10071
TEL: (212) 949-6640.


U.S. IMMIGRATION REQUIREMENTS:  Prospective adopting 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 Bureau of Consular Affairs Web site, travel.state.gov, under “International Adoption.”

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” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.


U.S. EMBASSY IN GAMBIA: 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:
92 Kairaba Avenue
Fajara, Gambia
(P.M.B. 19, Banjul)
TEL: +(220) 439-2856
FAX: +(220) 439-2475
EMAIL: ConsularBanjul@state.gov
Website: http://usembassybanjul.gm


APPLYING FOR A VISA AT THE U.S. EMBASSY IN DAKAR, SENEGAL: When the U.S. Embassy in Dakar receives notification from the U.S. Citizenship and Immigration Services (USCIS) division of the Department of Homeland Security that USCIS has approved an I-600A petition, the Embassy will send the adopting parents a packet of pre-interview forms and instructions.

See also http://dakar.usembassy.gov/wwwuivappl.doc for additional information.

Note: Visa issuance after the final interview in Dakar 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.


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 intercountry adoption in The Gambia may be addressed to the U.S. Embassy in Banjul. Questions about the U.S. immigrant visa process for Gambian children should be directed to the U.S. Embassy in Dakar, Senegal. 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/ 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 - http://uscis.gov/.