INTERCOUNTRY ADOPTION


ZIMBABWE


June 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: Intercountry adoption is rare in Zimbabwe. The Ministry of Labor and Social Welfare has a stated preference to place Zimbabwean children with parents of the same race. Inter-racial adoptions require the approval of the Minister of Social Welfare. The Government of Zimbabwe occasionally has discouraged adoption of Zimbabwean children by foreigners and may make additional demands on the prospective adoptive parents before the adoption can be finalized. These demands include but are not limited to counseling of children, additional referrals and home study visits. 

Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Harare before formalizing an adoption agreement to ensure that appropriate procedures have been followed that will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

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

Fiscal Year      Number of Immigrant Visas Issued
FY 2005                                  2
FY 2004                                  0
FY 2003                                  3
FY 2002                                  1
FY 2001                                  0

ADOPTION AUTHORITY IN ZIMBABWE: 
Ministry of Labour and Social Welfare
Harare Central District
Social Welfare Office
PO Box CY 562
Causeway
Harare, Zimbabwe
011-263-4-703-711

If the Ministry approves a request to adopt, the case is submitted to the Juvenile Courts to review the adoption application. If approved, the Court will issue an Adoption Order and release the child for immigration.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Prospective adoptive parents who meet the residency requirements (see below) must be married and over the age of 25.  Single women 25 or older who are at least 21 years older than the prospective adoptive child may be approved by the Minister of Labor and Social Welfare. Single men may only adopt family members and must be approved by the Minister. All prospective adoptive parents must have a clean criminal record.

RESIDENCY REQUIREMENTS:  Prospective adoptive parents must be either citizens or legal residents of Zimbabwe. This requirement may be waived by the Minister of Labor and Social Welfare.

TIME FRAME:  Adoptions in Zimbabwe take approximately three months once the Application to Adopt has been approved and the child has been identified. It is important to note the Ministry of Labour and Social Welfare has a stated preference to place Zimbabwean children with parents of the same race. Wait times for Caucasian and mixed-race children can be significantly longer than for indigenous children. Inter-racial adoptions require the approval of the Minister.

ADOPTION AGENCIES AND ATTORNEYS:  Adoptions in Zimbabwe can only be facilitated through the Ministry of Labour and Social Welfare. A court order without the recommendation of the Ministry is not considered a legal adoption and will not be considered valid for U.S. immigration purposes.  All prospective adoptive parents should begin the adoption process with the Ministry or their district Social Welfare Office and in coordination with consular officers at the U.S. Embassy in Harare.

Currently, there are no licensed attorneys and/or facilitators authorized to handle adoption cases or issues in Zimbabwe.  However, Zimbabwean law recently changed and in the coming months social work will be privatized to allow the Social Workers Agency Council to license private social workers to facilitate adoptions.  The U.S. Department of State will update this flyer once these changes come into effect.

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 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 ZIMBABWE:  There are no fees from the Government of Zimbabwe and no court fees.  Adoptive parents have to obtain birth certificates for adopted children from the Registrar Generals Office of Births & Deaths in Harare or Bulawayo, for a nominal fee.

ADOPTION PROCEDURES:
There are two tracks to adoption in Zimbabwe:

(1) If the prospective adoptive parents have not yet identified a child, they may first file a general application to adopt in the district where they live; once the application is approved, the Ministry will work with them to identify an appropriate child.  The Ministry may recommend a particular child for adoption. 

(2) If the prospective adoptive parents have identified the child/children they wish to adopt, they must visit the Social Welfare Office in their district to open a case file by filing an application to adopt the child.  Note: Not every child in a Zimbabwean orphanage is eligible for adoption and there is no central registry for identifying eligible children.

Once the Application to Adopt has been approved, the Ministry of Social Welfare will refer the case to the Juvenile Court for consideration and, if approved, the court will issue an Adoption Order and release the child for immigration. If the prospective adoptive parents are not domiciled in Zimbabwe, they must request a waiver of the residency requirement from the Ministry of Social Welfare before their application can be approved.  The U.S. Embassy is aware only of isolated cases where the residency requirement has been waived. 

“Nominated” or “directed” adoption, in which a birth parent(s) give up a child directly to prospective adoptive parents, is legal in Zimbabwe; however, such adoptions may not meet the requirements of U.S. immigration law. American citizens interested in a directed adoption should contact the U.S. Embassy in Harare before initiating legal action.

DOCUMENTS REQUIRED FOR ADOPTION IN ZIMBABWE: Identity documents (such as a passport), birth and marriage certificates, police clearances from both the U.S. and Zimbabwe, supporting documents attesting to one’s eligibility, and three or four references from individuals not related to the potential adoptive parents. There are additional documentary requirements for the prospective adoptive child. A current list of these documents can be obtained by contacting the Zimbabwean Ministry of Labor and Social Welfare.
 
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

ZIMBABWEAN EMBASSY IN THE UNITED STATES:

1608 New Hampshire Avenue, NW
Washington D.C. 20009 
Telephone (202) 3327100, (301) 2639826

                    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 Adoption 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 Bureau of Consular Affairs web site travel.state.gov.

U.S. EMBASSY IN HARARE: 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:

American Embassy
172 Herbert Chitepo Avenue
Harare, Zimbabwe.
Tel: 263-4-250593/4. After hours: 250593, 250595
Fax: 263- 4-722618 or 796488
Email: consularharare@state.gov (Only for U.S. Citizens)

APPLYING FOR A VISA AT THE U.S. EMBASSY IN HARARE, ZIMBABWE:
Only Americans resident in Zimbabwe may file the I-600 (Petition to Classify Orphan As Immediate Relative) directly with the U.S. Embassy.  Non-resident U.S. Citizens need to file an I-600A in the United States with the Department of Homeland Security, Bureau of Citizenship and Immigration Services (USCIS) before traveling to Zimbabwe.  Once the U.S. Embassy has been notified of the approved I-600A, U.S. citizens may travel to Zimbabwe to file the I-600 after the Zimbabwean adoption is completed.  All immigrant visas are processed at the U.S. Embassy.  Parents can walk in Monday and Thursdays from 14-16:00hrs.  Calls are fielded between 2 p.m.-4 p.m. Monday through Thursday (see above).

NOTE: Visas cannot be issued the same day. 

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 Zimbabwe may be addressed to the U.S. Embassy in Harare, Zimbabwe (ConsularHarare@state.gov). 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, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747 (see below).

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 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 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/.