INTERCOUNTRY ADOPTION


CAMEROON


August 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.

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

Fiscal Year       Number of Immigrant Visas Issued
FY 2005                                   6
FY 2004                                   6
FY 2003                                   7
FY 2002                                   2
FY 2001                                   1

ADOPTION AUTHORITY IN CAMEROON: The competent authorities for intercountry adoption are the Ministry of Social Affairs and the High Court (Tribunal de Grande Instance) that has jurisdiction over the place of residence of the child to be adopted.

Sub Department of Child Protection (situated at Etoa Meki Quarters)
(Sous Direction de la Sauvegarde de L’Enfant-SDSE)
Tel: 220-02-16

ELIGIBILITY REQUIREMENTS FOR PROSPECTIVE ADOPTIVE PARENTS:

  • Either one parent in the couple is over 40,
    OR
  • One has to be at least 35 AND have been married for 10 years.
  • The prospective adoptive parents must be at least 15 years older than the child to be adopted; however, if the adoptive parent is married to the biological parent of the child, the age difference must only be 10 years.
  • Couples who do not meet these requirements can submit a medical certificate confirming the couple’s infertility in order to have the age requirement waived.  They may bring a medical certificate from a U.S. or local doctor to do this.
  •  Both parties in a couple must be in agreement over the adoption.  One spouse cannot adopt without the other’s permission.
  •  Both spouses must be medically fit to care for a child, proven by a medical certificate from either a U.S. or local doctor.
  •  Evidence of financial capacity; this is usually proven with a report of a home-study from the U.S. along with bank statements, evidence of assets, pay slips etc.
  • Evidence of the consent of the birth parent(s) (if they are alive).  The consent must be witnessed either in court, by a diplomatic mission or by a public notary.
  • Evidence of the consent of the adoptee if the adoptee is 16 or older.  The consent must be witnessed either in court, by a foreign consular officer or by a notary public.

ELIGIBILITY REQUIREMENTS FOR PROSPECTIVE ADOPTEES:

  • Adopted individuals cannot have children of their own at the time of the adoption, nor have any legal descendants.
  • They may not marry their adoptive parents or siblings.

RESIDENCY REQUIREMENTS:  Prospective adoptive parents must have the child in their care and custody for at least three consecutive months before the High Court will consider issuing an adoption decree. 

TIME FRAME:  Prospective adoptive parents should expect that a minimum of three months will pass between the date they submit their adoption application to the Ministry of Social Affairs and the date the High Court’s Public Prosecutor completes his/her review of the file.  Only when the review is completed will a first hearing date be scheduled.  In addition, a Cameroonian adoption is likely to be affected by administrative and judicial delays, insufficient or misplaced paperwork, and other factors.  Some parents have found that hiring a local attorney to monitor the case and keep pressure on the High Court has helped expedite its processing.  Once all of the Cameroonian procedures have been completed and an adoption decree has been issued, the U.S. Embassy in Yaoundé requires a minimum of two weeks to complete the immigrant visa process.  This includes the mandatory I-604 orphan investigation to verify that a child meets the U.S. immigration definition of “legal orphan.”

ADOPTION AGENCIES AND ATTORNEYS:  Cameroon does not have adoption agencies.  In general, any orphanage may release an orphan for adoption.  However, in order to help protect themselves and the children from the possibility of fraud or other serious problems, prospective adoptive parents are advised to consider first the list of accredited orphanages available at the Ministry of Social Affairs.  Should prospective adoptive parents wish to hire a Cameroonian attorney to assist with the adoption, they can obtain a list of attorneys from the U.S. Embassy in Yaoundé.

ADOPTION FEES: Prospective adoptive parents can expect to pay court-related fees for filing an adoption application with the High Court having jurisdiction over the child’s residence.  These are outlined in further detail below.

ADOPTION PROCEDURES:  A social worker will be assigned to follow up on the case and assist the prospective adoptive parents in identifying a child for adoption and monitoring the family during the foster care period.  The local lawyer, if hired by the prospective adoptive parents, must be also involved in the process.  The social worker’s final report determines whether prospective adoptive parents can proceed with the case to the High Court.

The adoptive parent(s) may choose either to be present or to be represented by a lawyer during the hearing at the High Court. 

Under Cameroonian law, the High Court must determine that the following four criteria have been met before it can issue an adoption decree:

  • That every person whose consent is necessary has consented to and understands the nature and effect of the adoption.  Such consent is irrevocable and permanently severs all legal ties between the biological parent(s) and the child.
  • That the child’s welfare will be improved by the adoption.  Adoptive parents must provide proof of what they can provide for the child in a way that the birth parent cannot.
  • That no payment or reward has been the reason for the adoption. 
  • That the prospective adoptive parent is healthy. 

Once the High Court has consented to the adoption and issued a final decree, the American parents must obtain a new Cameroonian birth certificate and Cameroonian passport for the child, both reflecting any name change.  Post-adoption birth certificates are issued by the Civil Status Registry Center.  The Cameroonian passport is issued by the immigration office in the district where the child lives.  Each province has an immigration office that issues passports.  The requirements for passports are:  several passport-size photographs, certified copies of the birth certificates, adoptive parents’ consent, fee, and certified application form.  The entire process can cost approximately 50,000 CFA (about USD 100).

DOCUMENTS REQUIRED FOR ADOPTION IN CAMEROON:

  • An application bearing a 500 CFA (approximately 1USD) fiscal stamp is addressed to the President of the High Court;
  • Certified copy of the child’s Cameroonian birth certificate;
  • Biographic information of the biological parents of the child to be adopted;
  • Biographic information of the adoptive parent(s);
  • If applicable, a notarized deed of agreement from surviving biological parents, or the orphanage director having custody over the child, and prospective adoptive parents. This deed expressly states that the child is released irrevocably for adoption;
  • Report of the home study (U.S. home studies are acceptable);
  • Evidence of finances/income (bank statements, pay slips, etc.);
  • Legalized authorization from the biological parents, if applicable;
  • Cameroonian Notarized affidavit of support of the child from the adoptive parents;
  • A deposit of 3,000 CFA francs (approximately six U.S. dollars) is made at the court registry;
  • A separate non-refundable deposit of 78,000 CFA francs (approximately $160) is made at the court registry;
  • A written application;
  • Certified copy of the child’s birth certificate;
  • Certified copy of the adoptive parents’ ID card;
  • A prison/court record clearance;
  • The adoptive parents’ proof of residency; For married adoptive parents who do not meet the age requirements, they must bring a medical certificate attesting to their infertility;
  • A medical certificate for the adoptive parents attesting that they are medically fit;
  • Report of the social home study.

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.travel.state.gov/law/info/judicial/judicial_701.html

CAMEROONIAN EMBASSY IN THE UNITED STATES:

Embassy of the Republic of Cameroon
2349 Massachusetts Avenue, N.W
Washington, D.C. 20036
Tel: (202) 265-8790
Fax: (202) 387-3826
http://www.ambacam-usa.org/

                    U.S. IMMIGRATION REQUIREMENTS

Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive 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.

APPLYING FOR AN IMMIGRANT VISA FOR THE CHILD AT THE U.S. EMBASSY IN YAOUNDÉ:  If an I-600A was previously filed and approved by USCIS in the United States, and the Embassy has received a notification of the approval (Visas 37 cable), the adoptive parent(s) can file the I-600 at the Embassy after the adoption is final.  To do this, the adoptive parents come to the Embassy any Wednesday or Thursday, from 2-5 p.m. to get the Immigrant Visa instruction packet.  The Embassy will need two weeks to conduct the field investigation to confirm the adopted child meets the definition of an orphan, as defined by U.S. immigration law, and that the appropriate Cameroonian adoption procedure was followed. 

If no I-600A was previously filed, then the Embassy does not have the authority to adjudicate an I-600 petition.  The adoptive parents can choose either to:

(a) submit the I-600 to the U.S. Embassy in Yaoundé (paying the required fee) and the Embassy will forward it on their behalf to our regional USCIS in Accra, Ghana (if resident in Cameroon), or
(b) go back to the U.S. without the child and file the I-600 there.  Once the file is approved, it will be sent to the U.S. Embassy in Yaoundé for the final immigrant visa processing.

The Consular Section of the U.S. Embassy is on Avenue Rosa Parks.  It is open from Monday to Thursday from 7:30 a.m. until 5:00 p.m., and Fridays from 7:30 a.m. until 12:30 p.m. The Consular Section is closed on U.S. and Cameroonian public holidays.

U.S. EMBASSY IN CAMEROON: 
 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:

Avenue Rosa Parks
P.O. Box 817
Yaoundé, Cameroon
Tel: (237) 220-15-00
http://yaounde.usembassy.gov/


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 Cameroon may be addressed to the U.S. Embassy in Yaoundé.  The Embassy can be contacted by emailing consularyaound@state.gov, or by calling 237-220-16-03 during business hours. 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:

Telepone

• 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/