INTERCOUNTRY ADOPTION


MALAWI

April 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: Adoptive parents must foster a prospective adoptive child for 24 months in Malawi before an adoption may be finalized.

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

Fiscal Year

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

ADOPTION AUTHORITY IN MALAWI:  The government office responsible for adoptions in Malawi is the Ministry of Gender, Youth and Community Services. Persons interested in adopting from Malawi should contact:

Mary Khonje
Social Welfare Officer
Ministry of Gender, Child Welfare and Community Services
P/Bag 330
Lilongwe 3, Malawi
Phone +265-(0)1-77-04-11 x.247

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Prospective adoptive parents  must be at least 25 years old and at least 21 years older than the child. Both married and single persons may adopt.  However, single men may not adopt female children unless the court is satisfied that there are special circumstances, justifying an exception.

RESIDENCY REQUIREMENTS: Adoptive parents must be resident in Malawi to adopt.

TIME FRAME: Malawian law requires a lengthy pre-adoption foster care period (at least two years). 

ADOPTION AGENCIES AND ATTORNEYS: There are no adoption agencies in Malawi. For information regarding home studies, interested parties should contact the Ministry of Gender, Youth and Community Services at Private Bag 330 Lilongwe 3 or telephone 01-770-411.

The U.S. Embassy in Lilongwe maintains a list of English-speaking attorneys http://lilongwe.usembassy.gov/ainformation.html.  The Embassy assumes no responsibility for the professional ability or integrity of the individuals or of the firms whose names and addresses appear in the list. 

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

ADOPTION FEES IN Malawi: On average, depending on the complexity of the case, the fees for a lawyer range between $350 and $500. Court filing fees and Registrar fees for the new birth certificate are under five dollars.  The Malawian passport fee is approximately $30.
 
ADOPTION PROCEDURES IN MALAWI: Prospective adoptive parents often identify a child for adoption through local churches, orphanages, hospitals or missions.  They then need to retain a lawyer to handle the application. The lawyer files a petition with the Magistrate Court of the district in Malawi where the adoptive parents reside. Once that is done, the Court chooses a social worker to be the child’s "Guardian ad Litem” who investigates the circumstances of the prospective adoptee(s) and submits a Court Social Report (a home-study) to the High Court.  The Guardian ad Litem monitors the adoptive family during the 24 months by making home visits. After the 24 month foster care period is completed, the Court will rule whether the adoption can be finalized. The 24-month period starts from the time the child is placed in the home of the adoptive parents.

DOCUMENTS REQUIRED FOR ADOPTION IN MALAWI: Malawi adoptions are governed by the country’s Adoption of Children Act.  Proof of the identity and nationality of the adoptive parents, a competed home-study and proof that the child is eligible for adoption are required.  Adoption cannot take place without the consent of every person who is a parent or guardian of the child who has custody of the child or who is likely to contribute to the support to the child. 

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 the following link for more information until the new language is finalized.  http://www.travel.state.gov/law/info/judicial/judicial_701.html.

MALAWIAN EMBASSY AND CONSULATES IN THE UNITED STATES:

Embassy of the Republic of Malawi
2408 Massachusetts Avenue NW
Washington, DC 20008
Tel: 202-797-1007

U.S. IMMIGRATION REQUIREMENTS

Prospective adopting parents are strongly encouraged to consult U.S. CSI publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The U.S. CSI publication is available at the U.S. CSI Web site. The Department of State publication International Adoptions  can be found on the Bureau of Consular Affairs Web site, http://travel.state.gov/, under “International Adoptions.”

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 MALAWI:

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:

Embassy of the United States of America
P.O. Box 30016
16 Jomo Kenyatta Road
Lilongwe 3
Tel: 265-773-166
Fax: 265-774-976
http://lilongwe.usembassy.gov/

APPLYING FOR A VISA AT THE U.S. EMBASSY IN MALAWI: 

When all the required documents are in order the U.S. Embassy in Lilongwe can usually process the immigrant visa on the same day as the final interview.  The Embassy recommends that adoptive parents plan to be in the Lilongwe, Malawi area for several days in case there are complications. Hours for immigrant visa processing are Tuesday and Thursday by appointment only. Please call the Consular Section at 01-773-166 for scheduling an appointment.

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 Malawi may be addressed to the U.S. Embassy in Lilongwe. 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 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/.