INTERCOUNTRY ADOPTION


BURUNDI


July 2008


DISCLAIMER:  The following is intended as a general guide to assist U.S. citizens who plan to adopt a child from a foreign country.  Three sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the eligibility of individual children for adoption, as well as the adoption of children in that country in general; 2) the laws of the adoptive parents’ state of residence establish qualifications they must meet in order to adopt; and 3) U.S. immigration law governs the immigration of the child to the United States.  In addition, the Hague Convention on Intercountry Adoption, to which the United States became a party on April 1, 2008, establishes legal and regulatory requirements for intercountry adoption. 

The adoption of children from countries that are party to the Hague Convention must follow the procedures outlined by the Convention, and its U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA).  More information on the IAA and the Convention can be found on our website under Hague Adoption Convention. 

 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.


THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:

Burundi  is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) and with which the Convention is in force for the United States. 


TRANSITION CASES: Under U.S. law, an adoption case involving a Convention country already in process on April 1, 2008 when the Convention entered into force with respect to the U.S. did not/not change into a Hague case on that date. These transition cases will continue to be processed in accordance with the immigration regulations for orphan adoptions which were in effect at the time the case was filed, explained in the State Department Flyer How Can Adopted Children Come to the United States.

If the Application for Advance Processing of an Orphan Petition (I-600A) or Petition to Classify an Orphan as an Immediate Relative (I-600) was filed before April 1, 2008, then the Convention and the IAA will not apply to that case.  The Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS) considers a case properly filed when USCIS receives an application or petition along with any required filing fee.  The filing date is stamped on the application or petition to show the time and date of actual receipt.   For further information on transition cases, please see theFAQs: Transition Cases and the Hague Adoption.


PLEASE NOTE: All immigrant visas for children from Burundi are issued in Nairobi. Please visit http://nairobi.usembassy.gov for additional information about the immigrant visa process. 


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

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

1

FY 2006

1

FY 2005

4

FY 2004

3

FY 2003

1


ADOPTION AUTHORITY IN BURUNDI : All adoption cases are submitted to the Central Authority in the Ministry of Social Action.  Once a case has been approved by the Ministry, it must then be approved by the County Court. 


ELIGIBILITY TO ADOPT:

  • If married, adopting parents must have been married and living together for at least the past five years;
  • If married, consent of the spouse is required;
  • An adopting parent should be at least thirty years of age.  A waiver of this requirement can be requested from the County Court.  (There is no age requirement if adopting the child of a spouse); 
  • An adopting parent must be a minimum of fifteen years older than the child to be adopted.   However, a waiver can be obtained from the County Court;
  • Adopting parents must have moral qualities and material resources necessary to support the child;
  • Adopting parents must be found eligible to adopt through examination of a psycho- medical report and a home study;
  • Adoption by more than one person is not possible except when the couple is legally married.


RESIDENCY REQUIREMENTS:  There are no residency requirements for prospective adoptive parents of Burundian children.


TIME FRAME: The local adoption process can take between three and six months.


ADOPTION AGENCIES AND ATTORNEYS: 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 authority in the U.S. state where the agency is located or licensed.  Please also see Important Notice Regarding Adoption Agents and Facilitators at the Department of State, Bureau of Consular Affairs web site travel.state.gov.

Because Burundi is a Convention country, adoption services must be provided by an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider. These terms are defined in 22 CFR Part 96 and explained in the Department’s website brochure “A Guide for Prospective Adoptive Parents.”  For purposes of this document, accredited agencies, temporarily accredited agencies, and approved persons are referred to with the shorthand term “accredited adoption service providers.”

It is essential that prospective adoptive parent(s) seeking to adopt from a Convention country use an accredited adoption service provider.  The Department maintains a current list of accredited adoption service providers.  The list of accredited adoption service providers is also provided on the website of the Hague Permanent Bureau at www.hcch.net.

There are no recognized adoption service organizations in Burundi, only associations who care for children.  Adoption cases are prepared and processed by private lawyers.  Cases are submitted to the Ministry of Social Action and the County Court for approval.

Prospective adopting 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 adopting 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 our Web site travel.state.gov.

A list of English-speaking attorneys in Burundi is available at the embassy consular section.  


ADOPTION FEES IN BURUNDI: The U.S. Embassy in Burundi discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in Burundi at risk.Fees can vary and it is advisable to contact an attorney to obtain accurate fee information.


ADOPTION PROCEDURES: 

  • Select and contact a lawyer in Burundi who will process the case;
  • Submit all required documentation for prospective parents;
  • Submit all required documentation for adoptive child / children;
  • Lawyer will prepare case for adjudication by the Central Authority in the Ministry of Social Action.  The following elements will be reviewed:
    • The home study report presented and performed by the adoption authority in the country of the adopting parents. Usually the home study completed when applying for the I-600A.
    • The child/children’s eligibility to be adopted: identification, status, social background, personal and family development, medical history, education and socio-cultural issued and any other special needs;
    • The best interest of the child/children;
    • The adoption consent must be given freely, and legally in a notarized attestation by persons authorized to agree to the adoption (e.g. biological parents, association caring for the child, family counsel) and with the understanding of the consequences of intercountry adoption;  the biological mother must give consent to relinquish the child/children after birth, if applicable;
    • With respect to age and maturity, the adoptive child/children must be fully informed of the consequences of intercountry adoption;
    • The child’s/children’s views must be taken into consideration. If over 13 years of age, the consent of the adoptive child/children must be given freely, and legally in a notarized attestation;
    • Evidence of the prospective adoptive parents’ eligibility to adopt. See documents required for the prospective parents (below);
    • Once approval is received from Central Authority, the case will be passed to the County Court for ruling.


DOCUMENTS REQUIRED FOR ADOPTION IN BURUNDI :  The following documents will be required and must be attached to an international adoption request:

For the Child/Children:

  • Attestations of the adoptive child/children’s family situation and status;
  • An attestation of acceptance from the prospective family guaranteeing their material support of the adoptive child/children;
  • Travel document (i.e. Burundian passport) for the adoptive child/children.


For the Prospective Adoptive Parents:

  • Marriage, Birth and Judicial/Police Ceritficates;
  • Attestations of good behavior and of family composition;
  • Financial/income declaration;
  • Family psychological and medical report.


PLEASE NOTE: Civil documents, such as “attestations,” can be obtained at the Mayor Office or through the civil offices.


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  For more information on authenticating U.S. documents to be used abroad, please see the Judicial Assistance section of our website.


BURUNDIAN EMBASSY IN THE UNITED STATES:

Embassy of Burundi
 2233 Wisconsin Ave., NW, Suite 212
Washington, DC 20007
Tel: 202-342-2574
202-749-0885
Fax: 202-342-2578


U.S. IMMIGRATION REQUIREMENTS: As of April 1, 2008, U.S. citizens wishing to adopt in a Convention country must begin the process by filing with the U.S. Citizenship and Immigration Services (USCIS) a form I-800A Application for Determination of Suitability to Adopt a Child from a Convention Country.  Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, USCIS website (www.uscis.gov) to download forms and filing instructions.


U.S. EMBASSY IN BURUNDI:   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, 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:

Embassy of the United States of America
B.P. 1720
Avenue Des Etats-Unis
Bujumbura, Burundi
Tel: (257) 22-34-54
Tel (after hours): (257) 21-48-53
Fax: (257) 22-29-26
http://bujumbura.usembassy.gov/

 

APPLYING FOR A VISA AT THE U.S. EMBASSY IN NAIROBI, KENYA:  Please visit the Web site for the U.S. Embassy in Nairobi, Kenya for information on how to schedule an immigrant visa interview.

NOTE: Visa issuance after the final interview now generally takes at least 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.  Adoptive parents should verify current processing times at the appropriate consulate or embassy before making final travel arrangements.


ACQUIRING U.S. CITIZENSHIP:  Please see the Child Citizenship Act of 2000 for further information on acquisition of U.S. citizenship for adopted children.


ADDITIONAL INFORMATION:

  • U.S. Department of State Office of Overseas Citizens Services - For information on intercountry adoption and international parental child abduction, and security information for U.S. citizens traveling abroad, call Toll Free 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. EST/EDT, 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 - For information on immigrant visas for adopted orphans, call (202) 663-1225. Press 1 for additional information on visas, and press 0 to speak to a Visa Information Officer, available 8:30 a.m.  - 5:00 p.m. EST/EDT, Monday through Friday (except Wednesdays 11 a.m. - 12:00 noon)
  • U.S. Citizenship and Immigration Services (USCIS) - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
  • National Visa Center (NVC) Public Inquiries (603) 334-0700, Email: nvcinquiry@state.gov.
  • 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 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 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.
  • USCIS web site