INTERCOUNTRY ADOPTION


CôTE D'IVOIRE

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.

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

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

ADOPTION AUTHORITY IN COTE-D’IVOIRE:  The government offices responsible for adoption in Côte d'Ivoire are the Ministry of Family and Social Affairs and the Ministry of Justice. The Department of Social Welfare, sub-unit of the Ministry of Family and Social Affairs has jurisdiction over the child’s identification process, the home study and the issuance of a certificate authorizing the orphanage to release the child to the adoptive parent(s). Any request related to an adoption issue should be directed to:

Mme La Directrice
Direction de la Protection et Promotion Sociales
Ministère de la Famille et Des Affaires Sociales
BP V 124, Abidjan, Cote d’Ivoire.
Tel: (225) 20 217 626 or 20 213 348

The Ministry of Justice handles the second and final part of the adoption process. Once the child is in the adoptive parent’s custody, the adoptive parents must request the legal guardianship and thereafter, either the simple adoption or the plenary adoption. This procedure must be initiated through the Court of First Instance of Abidjan. However please note that only a full adoption is considered a valid adoption for U.S. immigration purposes.  Request for information should be directed to:

Monsieur le Président
Tribunal de Première Instance d’Abidjan
BP V 33 Abidjan, Cote d’Ivoire
Tel: (225) 20 223 586

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:   In Cote d’Ivoire, a single person and a married couple are both eligible to adopt, providing the following requirements are met:

  • the prospective adoptive parent (s) must be thirty (30) years old and must be 15 years older than the adoptive child;
  • a prospective adoptive couple must be married for at least five years, and both individuals must consent to the adoption.  

RESIDENCY REQUIREMENTS:  The adoption process requires a mandatory home study and an six-month integration period. Therefore, the court expects the prospective adoptive parent(s) to establish residency in Côte d’Ivoire.  However, the prospective parent(s) may be from a foreign country.  In such cases, they must explain the circumstances preventing them from establishing a temporary residency abroad and should submit proof that they visit the child regularly and provide for his/her care.
  
TIME FRAME:   The process may be finalized within a year.

ADOPTION AGENCIES AND ATTORNEYS:  There are no private adoption agencies in Côte d’Ivoire.  All adoption matters are processed through the Ministry of Family and Social Affairs and the Ministry of Justice. The Consular Section of the U.S. Embassy in Abidjan maintains a list of attorneys who handle inter-country adoptions.  Printed copies of this list are available at the U.S. Embassy, however it is important to note that the Embassy cannot recommend the services of any private attorney.

Prospective adoptive parent(s) 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 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 COTE D’IVOIRE:  The adoption process involves fees associated with the medical examination as well as for court procedures. As of June, 2006, the average cost of the medical examination ranges from US$ 69.00 in public medical facilities to US$93.00 in private clinics. Court fees consist of US$59.00 , which must be paid by the adoptive parent(s) to register the case for a hearing. The total cost for issuance of a new birth certificate and a passport, is approximately US$50.00. This fee includes the purchase of a revenue stamp of US$0.97 for issuance of the birth certificate, and a revenue stamp of USS 49.00 for an Ivorian passport.

ADOPTION PROCEDURES:  Persons interested in adopting a child from Côte d’Ivoire must first identify a child. This can be done with the assistance of the Department of Social Welfare, which is a sub-unit of the Ministry of Family and Social Affairs, or by directly contacting the administration of an orphanage.  There are many orphanages in Côte d’Ivoire, but not all children in the orphanages are available for adoption. Once the prospective adoptive parent(s) have identified a child for adoption, the orphanage's administrator transmits the case to the Department of Social Welfare, which will conduct a home study.  Upon completion of the home study, the Department drafts its recommendation and gives a written authorization (Autorisation de Sortie de la Pouponnière) to the orphanage to release the child to the adoptive parent(s).  The file is then forwarded to the court for adjudication. A six-month “integration” period starts when the child is placed under the care of the adoptive parent(s). A first hearing is scheduled by the "Judge of Guardianship" to verify the circumstances surrounding the adoption as well as to hear the intent for adoption by both the biological and adoptive parent(s).

The biological parent(s) plays a crucial role in the process, because they must consent to the adoption in writing. The written consent is a required document, and must be submitted when the request for adoption is submitted to the Court. This consent is mandatory when the child is not an officially an orphan as recognized by an orphanage.

There are two types of adoptions in Cote d’Ivoire: the simple adoption and the full adoption (“Adoption Plénière”). The full adoption awards complete custody to the adoptive parents and breaks any existing familial relationship between the adopted child and the birth parent(s). Once the birth parents have, in writing, irrevocably released the child for adoption, a permanent parent-child relationship is created and this adoption gives the adopted child the same rights as a child born to the adoptive parent. On the contrary, the simple adoption can be compared to a court decision granting legal custody of the child, to the adoptive parent. It would be, for instance, a case where the biological parent is incapable of providing proper care and partly delegates his/her parental rights to a third party.

After a satisfactory review of the six-month integration period, a second hearing is scheduled where the judge issues a preliminary decree called the legal guardianship or "Ordonnance de Garde Juridique en vue d’Adoption."  A simple adoption “Adoption simple” or the final adoption “Adoption Plénière” request may be requested by the adoptive parents upon the completion of the compulsory six-month period during which they have lived with the adopted child. However, please note that only a full adoption is considered a valid adoption for U.S. immigration purposes.    

Once the adoption decree is issued, the adoptive parents will apply for a new birth certificate by contacting the civil registry (“Mairie”) which has jurisdiction over their place of residence. The birth certificate is required for the issuance of a passport. The Passport Section at the National Police Headquarters is the office handling passport processing. The National Police Headquarter is located at: 

Sûreté Nationale
Sous Direction de la Police de l’Air et des Frontières
Service des Passeports
BP V 101 Abidjan
Tel: (225) 20 327 229

Information on fees associated with obtaining these documents is addressed in the previous paragraph.

DOCUMENTS REQUIRED FOR ADOPTION IN COTE D’IVOIRE:   The documentary requirements for foreign adoptions in Côte d'Ivoire are as follows:

  • The prospective parent(s) should address a written request either to the Ministry of Family and Social Affairs, Department of Social Welfare or directly to the court having jurisdiction if the child has already been identified. In the request, the adoptive parent(s) must give the reasons for their desire to adopt and must indicate the age and the gender of the child;
  • Birth certificates of the adoptive parent(s);
  • Marriage certificate for married couples;
  • Proof of income;
  • Medical certificate confirming sterility if this is the basis for adoption;
  • Recommendation of the social welfare service of the local administration (following a home study at the place of residence), with details about the prospective adoptive parents, history of their marriage, living conditions, family and personal motivation for adoption, and income.  A U.S. home study may be useful if translated in into French; however, it will not waive the local home study requirement.
  • Consent for adoption in writing with the signature(s) of the biological parent(s), if known, duly attested by a Notary Public.

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

IVOIRIAN EMBASSY AND HONORARY CONSULATES IN THE UNITED STATES:

Embassy of the Republic of Cote d'Ivoire
2424 Massachusetts Avenue, NW,
Washington, D.C. 20007,
Telephone: (202) 797-0300. 

There are honorary consulates for Cote d'Ivoire in San Francisco, Stamford (CT), Orlando, Houston and Detroit.

                    US 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 “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 COTE D’IVOIRE: 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 in the Riviera Golf neighborhood of the Cocody section of Abidjan:

U.S. Embassy Abidjan
01 B.P. 1712, Abidjan 01
Côte d’Ivoire
Tel:  (225) 22-49-40-00
Fax: (225) 22-49-42-02

APPLYING FOR A VISA AT THE U.S. EMBASSY IN COTE D’IVOIRE:  Adoptive parents are advised to contact the Consular Section in advance to inquire about the proper procedures to follow, and the documentation required. The Immigration Unit of the Consular Section can be reached directly at (225) 22-49-45-22 or through the switchboard of the Embassy at (225) 22-49-40-00 ext: 4522.  Immigration issues are handled Monday through Thursday, in the afternoon, from 1:30 PM to 4:00 PM.

The required documents, in addition to the I-600 immigration petition and immigrant visa application are as follows:
• original copy of the full adoption decree,
• child’s original birth certificate showing the name of the adoptive parents,
• child’s Ivorian passport,
• petitioner’s marriage certificate, if applicable, and  proof of US citizenship.

In addition, a medical examination must be conducted by the Embassy panel physician. The necessary medical forms will be given to the petitioner and once complete, an appointment date will be set up for the interview. If it is determined that the visa will be issued, the visa and immigration package will be ready the following week.

The U.S. Embassy in Abidjan processed three orphan petitions within the past three years; all applicants had an approved I-600, which was approved by DHS. The average time taken to conduct an I-604 investigation is approximately 24 hours. 

NOTE: It will not be possible to provide the visa to adoptive parents on the day of the submission of the documents. Prospective adoptive parents should not schedule flights out of Côte d’Ivoire until they have the final Ivorian adoption decree and U.S. visa in hand.

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 Côte d’Ivoire may be addressed to the U.S. Embassy in Abidjan. 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 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/ .