INTERCOUNTRY ADOPTION


TONGA


November 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:  Tongan law states that prospective adopting parents must reside with the child for period of at least six months prior to the application for adoption of that child.  In addition, under Tongan law, only illegitimate children may be adopted.


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

Fiscal Year       Number of Immigrant Visas Issued

FY 2006                                     1
FY 2005                                     1
FY 2004                                     4
FY 2003                                     0
FY 2002                                     0


ADOPTION AUTHORITY IN TONGA:  The Supreme Court of the Kingdom of Tonga is the adoption authority.  The address for the Supreme Court in Tonga is: 

P. O. Box 11
Nuku’alofa, Tonga
Phone:  (676) 23599.


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Tongan law permits both single and married foreigners to adopt Tongan children.  There is no specific minimum or maximum age requirement for adoptive parents.  However, the prospective parents must show themselves able to provide adequate emotional and financial support for the child.  Under no circumstances are proxy adoptions allowed.


RESIDENCY REQUIREMENTS:  Prospective adoptive parents must reside with the child for six months prior to the application for adoption of that child.  The Supreme Court occasionally waives the residency requirements in exceptional cases.


TIME FRAME:  Currently, the typical time frame from physically meeting the child to having an adoption order is six to eight months.


ADOPTION AGENCIES AND ATTORNEYS:  Adoption agencies and intermediaries specializing in adoption do not exist in Tonga.  Many prospective adoptive parents work through church organizations in Tonga to request assistance in identifying children who might be available for adoption.  In practice, most Tongan adoptions occur within the child’s birth family.

Although Tonga does not have adoption agencies, American prospective adoptive parents may still choose to work with a U.S. adoption agency to assist with the U.S. portions of the adoption process.  If they do so, they should fully research any such adoption agency or facilitator.  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. 


TONGAN ADOPTION FEES:  The Tongan government fee is around US$17 per child, up to a maximum of less than US$25 if adopting more than one child.  Tongan attorney fees generally range between US$300 and US$400 per child.


ADOPTION PROCEDURES:  Prospective adoptive parents must first identify a child whom they wish to adopt.  They then file an application for letters of adoption with the office of the Registrar of the Supreme Court.  After reviewing the application to ensure that it is in order, the Supreme Court appoints a Guardian Ad Litem (usually a representative from Crown Law) to compile a report with recommendations on whether or not the applicants should be granted letters of adoption. 

When the Court receives the Guardian Ad Litem report, it will set a date to hear the application, which is usually done in chambers in the presence of the applicants.  At that hearing, the judge will make a decision and notify the applicants (if they aren’t present). 

It is customary for Tongans who wish to adopt a child to contribute to the child’s maintenance between the time of the request to the biological mother and the issuance of letters of adoption.  All other payments are prohibited.  An affidavit of declarations about the applicants must specifically declare any payments.  The sworn affidavit of declaration from prospective adoptive parents must declare any payments made towards the welfare of the child.  Tongan authorities take child buying very seriously and they would like to rule out is any circumstance/instance in which the child’s biological mother is paid to give her consent to the adoption of the child. 

Almost all Tongan adoptions involve direct relinquishments of children by their birth mothers to the adoptive parents, and almost all are arranged either between relatives, by close friends, or through religious institutions.  Please note that in some instances, such direct relinquishments, while appropriate under Tongan law, may complicate the U.S. immigration process.  American prospective adoptive parents considering a Tongan adoption in which the child will be directly relinquished should contact the U.S. Embassy in Suva (Fiji) early in the process to confirm whether the circumstances of their specific case will or will not preclude the child’s immigration to the United States.


DOCUMENTS REQUIRED FOR ADOPTION IN TONGA:  Prospective adopting parents must provide the following documents when submitting an application for adoption to the Tonga Supreme Court:
 
  1. An independent home study report must be submitted by all overseas applicants for adoptions.  The home study report should be conducted by their local Social Welfare agency, which must be addressed and sent directly to the Chief Justice in Tonga.  It is important to note that Tongan officials are not generally familiar with the U.S. home study, which is a pre-adoption requirement of the U.S. Citizenship and Immigration Services, and therefore a separate home study will be necessary to satisfy Tongan requirements.  Prospective adoptive parents may, however, choose to submit a copy of their U.S. home study to the Tongan Chief Justice as supplementary information.
  2. Application for adoption.
  3. Evidence that the adoption is in the best interest of the child.  (For example, a statement of the prospective adoptive parents’ motives for adoption, proof of financial capabilities, etc.)
  4. Child’s original birth certificate.
  5. Prospective adoptive parents’ marriage license (if married).
  6. Prospective adoptive parents’ birth certificates.
  7. Prospective adoptive parents’ financial information, such as bank statements, job letters, etc.
  8. Death certificate(s) of birth parents of child (if deceased).
  9. Consent to adoption from biological mother. 
  10. Sworn affidavits of applicants for letters of adoption and sworn affidavits of the child’s biological parents.  Prospective adoptive parents may write up their own Affidavits and get it sworn in the presence of a Commissioner of Oath or an attorney for a fee of US$3.
  11. Two letters of support/recommendations from the prospective adoptive parents neighbors or friends stating the suitability of applicants for adopting.
  12. Fee of US $5.00 for the application for adoption
  13. Once the application is approved, the applicants have to pay a second fee of US$12.00 for the Letter of Adoption.


OTHER IMPORTANT INFORMATION:  

Guardianship:  The Tongan Legal Guardianship Act of 2004 makes it possible for Tongan authorities to grant legal guardianship of legitimate children under age 18.  However, Tongan law is silent about (neither prohibits nor approves) whether such children may be removed from Tonga to be adopted in another country.  American citizens interested in pursuing legal guardianship of a Tongan child should consult a Tongan attorney for the latest information.

Passports:  Current Tongan law places restrictions on the issuance of Tongan passports to Tongan children adopted by foreigners.  The children may obtain Tongan passports, but only in their birth (rather than adoptive) names.  It is advisable that applicants for letters of adoption that their prospective adoptive child already has a Tongan passport before the adoption order has been granted.   American prospective adoptive parents do not have legal standing to apply for a Tongan passport for a minor child.  The biological parent or a Tongan legal guardian must consent to the passport application.  Tongan law clearly states, “The adopted person shall bear the name of and be deemed to be of the same nationality as the person to whom Letters of Adoption have been granted by the Court.” 

Note:  The Tongan Government is proposing to pass a Dual Nationality Law in the near future.  It is unclear, however, what this law may contain or how it may affect adoptions of Tongan children.  The Department of State and the U.S. Embassy in Suva, Fiji (which handles Tongan immigration issues on behalf of the U.S. Government) will monitor the progress of any such legislation and update this flyer accordingly.


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.


TONGAN EMBASSY IN THE UNITED STATES:

Embassy of the Kingdom of Tonga
250 East 51st Street,
New York, NY 10022
Tel:  (917) 369-1136
Fax:  (917) 369-1024


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 “Intercountry 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 FIJI: 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 U.S. Embassy that has jurisdiction over the Kingdom of Tonga is located in Suva, Fiji.  The Consular Section is located at:

Embassy of the United States
31 Loftus Street
P.O. Box 21
Suva, Fiji
Tel: (679) 331-4466
Fax: (679) 330-2267
Recorded Information: (679) 330-3888
E-mail: consularsuva@state.gov
Web site: http://suva.usembassy.gov/index.html


APPLYING FOR A U.S. VISA FOR AN ADOPTED TONGAN CHILD:  Once the U.S. Embassy in Suva receives evidence that the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) division has approved the prospective adoptive parents’ Form I-600 (or I-600A), the Embassy will contact the parents to initiate the child’s visa application process.  It is then the prospective adoptive parents’ responsibility to keep in touch via one of the contact methods listed above (phone, fax, e-mail, etc.). 


NOTE:  The U.S. Embassy in Suva cannot issue visas on the same day.  The minimum turnaround time is two working days, depending on the completeness of the application package and accompanying documentation.


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 Tonga may be addressed to the U.S. Embassy in Suva. 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 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 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/.