INTERCOUNTRY ADOPTION


MOROCCO

 

February 2007


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. 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:  Moroccan law does not allow for full adoptions of Moroccan children.  Although this flyer uses the term “adoption” throughout, persons considering adopting a Moroccan child should think of the Moroccan process more as guardianship in advance of adoption.  Americans considering adoption of Moroccan children must obtain guardianship from a Moroccan court and subsequently adopt the child in the United States.  Prospective American guardians may also want to review the general information on guardianship in Muslim countries.

The Government of Morocco requires that people seeking legal guardianship of Moroccan children be employed, Muslim and a resident of Morocco for at least six months.


PATTERNS OF IMMIGRATION OF MOROCCAN ORPHANS TO THE UNITED STATES:  Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Moroccan orphans:

Fiscal Year       Number of Immigrant Visas Issued
FY 2006                                    10
FY 2005                                     6
FY 2004                                     7
FY 2003                                     9
FY 2002                                     7



ADOPTION AUTHORITY IN MOROCCO:  Prospective adoptive parents must apply to a Judge of Minors' Affairs (Juge des Affaires des Mineurs) for an adoption authorization (Autorisation d'Adoption) commonly known in local courts as “kafala.”  There are Judges of Minors' Affairs located in local courts throughout Morocco.


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  The Government of Morocco requires that people seeking legal guardianship of Moroccan children be employed, Muslim and a resident of Morocco (or sponsored by a Moroccan resident, see paragraph on residency requirements below).  Prospective adoptive parents who are not already Muslim must convert to Islam and guarantee that their children will be raised as Muslims.  They must obtain a document to that effect from a local religious notary (Adoul).  Statements from religious authorities outside of Morocco asserting that an American holds Muslim beliefs are not accepted.  Prospective adoptive parents must also have a letter from a doctor practicing in Morocco stating that the parents are in good health.


RESIDENCY REQUIREMENTS: Prospective adoptive parents are required to be Moroccan residents for at least six months.  They must provide official residence certificates, obtainable at the local police station (prefecture) where they reside.  However, a Moroccan resident can sponsor non-resident prospective adoptive parents by certifying that the prospective adoptive parents are staying with the Moroccan resident.  The Moroccan resident must then provide the judge with a lodging certificate (certificat d’hebergement) stipulating that the prospective adoptive parents are using the resident's address as their address in Morocco.  In essence, this vestige of the French legal system  allows non-resident prospective adoptive parents to use a Moroccan resident as a reference.


TIME FRAME:  The length of time required to complete the adoption process varies from six months to one year.


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 office of the appropriate state government agency in the U.S. state where the agency is located or licensed.  Please seeImportant Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web sitetravel.state.gov.

In Morocco, an adoption application must be submitted to the regional Judge of Minors' Affairs, who has the sole authority to issue an adoption authorization to prospective adoptive parents.  Prospective adoptive parents may use a local Moroccan attorney to assist them in this process.  An attorney is not required but is recommended.


ADOPTION FEES IN COUNTRY: Orphanages do not charge fees; however, prospective adoptive parents must pay court fees, usually the local currency equivalent of fifty U.S. dollars ($50).


ADOPTION PROCEDURES:  The adoption of a Moroccan child by a United States citizen is a complex undertaking that involves satisfying the requirements of local and national government agencies of both the United States and Morocco.  Prospective parents may have to make multiple trips to Morocco before the process is completed.

To begin, prospective adoptive parents should contact the Department of Homeland Security’s United States Citizenship and Immigration Service (USCIS) and inquire about filing an I-600A Application for Advance Processing, which allows USCIS to assess the prospective parents as candidates for intercountry adoption even before the family has identified a child.  Once the petition I-600A petition is approved, the prospective adoptive parents have 18 months in which to identify an eligible child.  They must then file a separate I-600 petition requesting that the child be classified as an orphan under U.S. immigration law, and lastly they must file an application for a U.S. immigrant visa for the child.

U.S. law requires that the child meet the definition of an orphan (under age 16 at the time when the petition is filed; parentless due to the parents’ death, disappearance, abandonment, desertion, separation, or loss; or if the sole surviving parent is incapable of proper care).  Some American citizens, particularly those of Moroccan heritage, have occasionally tried to arrange adoptions of children whose parents they know or to whom they are related.  In such circumstances, it may be more difficult for the child to meet the U.S. immigration law definition of orphan, and thus the child may not ultimately be able to immigrate to the United States.  Children living in Moroccan public orphanages, on the other hand, are more likely to meet the criteria of the U.S. orphan definition.


ADOPTION PROCEDURES (STEP BY STEP):  Once all documents have been obtained (see paragraph on Moroccan documentary requirements, below), they must be submitted to the regional Judge of Minors' Affairs.  This judge has the authority to approve or disapprove the adoption and will notify applicants of the results of the adjudication.  (The Ministry of Justice advises prospective adoptive parents to call the judge’s office if they have not received a response after one month.) 

Once the adoption has been approved, the prospective adoptive parents may approach an orphanage.  When they have chosen a child for adoption, the prospective adoptive parents must then finalize the adoption by submitting their Autorisation d'Adoption (issued by the Judge of Minors' Affairs) to an Adoul.  The Adoul issues the prospective adoptive parents a decree, known as an Acte Adulaire, consigning the child to their legal custody.


MOROCCAN DOCUMENTARY REQUIREMENTS: The paperwork required by the Ministry of Justice is extensive and may vary among local authorities.  Prospective adoptive parents should expect delays and the probability of supplementary requirements. All documents must be translated into Arabic by an accredited translator.  The following is a list of basic documents required by the Ministry of Justice for submission to the Judge of Minors' Affairs:

  • Islam conversion document (if applicable)
  • Birth certificate for each prospective adoptive parent
  • Marriage certificate for prospective adoptive parents
  • Health certificate for each prospective adoptive parent (a statement of good health from a doctor practicing in Morocco)
  • Work and salary statements for each prospective adoptive parent, if applicable
  • Home study report
  • Copy of each parent’s passport
  • Residence certificate or lodging certificate
  • 12 or more photos of each adopting parent (varies by region)


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.


MOROCCAN EMBASSY AND CONSULATE IN THE UNITED STATES:

Embassy of the Kingdom of Morocco
1601 21st Street, NW
Washington, D.C. 20009
Tel: 202-462-7979 to 82
Fax: 202-462-7643
E-mail: info@moroccanconsulate.com
Website: http://www.moroccanconsulate.com/index.cfm

Consulate General of the Kingdom of Morocco
10 East 40th Street
New York, NY 10016
Tel: 212-758-2625
Fax: 212-779-7441
E-mail: info@moroccanconsulate.com
Website: http://www.moroccanconsulate.com/index.cfm


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, www.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. CONSULATE IN MOROCCO: 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 for Morocco is located at:

Consulate General of the United States, Casablanca, Morocco
8 Blvd Moulay
Youssef, Casablanca
Tel: (212) (22) 26-45-50
Fax: (212) (22) 20-41-27
Website: http://casablanca.usconsulate.gov/
E –mail: ivcasablanca@state.gov

There is no Consular Section at the U.S. Embassy in Rabat.


APPLYING FOR A VISA AT THE U.S. CONSULATE IN CASABLANCA:  Once the Moroccan judge has declared the prospective parents to be the legal guardians of the child and the parents are in possession of a valid Moroccan passport for the child, the visa application process can begin.

The Consular Section in Casablanca will provide prospective parents with instructions for the next step, which consists of completing “Packet III” (medical, financial support information, and parental biographic data), which the consulate will mail to the parents. Once that is complete and submitted to the Consulate General, the prospective parents will be given “Packet IV” (appointment for final interview). 

A consular officer will interview the parents with the accompanying child and if the child is found eligible, the child’s immigrant visa will be issued. Issuance of an immigrant visa for the adopted child is not automatic and adoptive parents may encounter delays. To protect the future parental rights of the adopting American citizen parents, and to ensure that children meet the specific legal requirements for adoption as an orphan under the laws of the United States, the consular officer must study all adoption cases carefully and has the responsibility to investigate those cases where eligibility is in question. It will also be necessary for the child to obtain a physical examination from a Consulate General-designated panel physician to ensure that there are no medical ineligibilities and to advise prospective parents of any medical issues detected.

NOTE:  If the submitted documents are in order, visas are issued the next business day after the visa application.


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 Morocco may be addressed to the U.S. Consulate General in Casablanca using the e-mail address  ivcasablanca@state.gov.  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/.