INTERCOUNTRY ADOPTION


ALGERIA


May 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 at www.travel.state.gov .

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:

 Algeria is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention).  Therefore the entering into force of the Convention for the United States on April 1, 2008, did not change intercountry adoption processing for Algeria .


PLEASE NOTE: Algerian family law is based on an interpretation of Islamic Shari’a law. Algerian law No 84/11, article 46 forbids “adoption.” However, like most Muslim countries, Algeria deals with Shari'a law's ban on adoption by replacing it with kafala. Under Algerian law (Family Code Chapter VII, article 116-125), Muslim couples may take into their family an abandoned child and give him their name. Algerian law defines kafala or recueil légal as a court authorization for couples to voluntarily commit to take a child into their family on the same basis as a father would do for his own biological child. Algeria is the only Muslim country to authorize name changes for children taken in through the kafala process (Decree 92-24 of January 13, 1992).

If the child has a known parent, the guardian can only be a blood relative. When the child is from unknown parents, it is not necessary for the legal guardian (kafil) to be a blood relative. When the child is an orphan, a completed kafala process gives full and irrevocable custody to the adoptive parents and is the legal equivalent of a full and final adoption in the United States . Thus, orphans—i.e. children with no parents—acquired via the kafala process in Algeria  are in fact "adopted" in the legal sense of the word.

The prospective adoptive parent should start the application for kafala (recueil légal) at the Algerian Embassy in Washington, D.C.

 A foreign country’s determination that the child is an orphan does not guarantee that the child will be considered an orphan under the U.S. Immigration and Nationality Act. For more specific information on adoption in Algeria, please contact an attorney familiar with Algerian laws or the Embassy of Algeria in Washington, D.C. www.algeria-us.org/.


PATTERNS OF IMMIGRATION OF ALGERIA ORPHANS TO THE UNITED STATES:
Recent U.S. immigration visa statistics reflect the following pattern for visa issuance to Algerian orphans:

Fiscal Year

Number of Immigrant Visas Issued

FY2007                                    

2

FY2006                                     

2

FY2005                                    

0

FY2004                                     

3

FY 2003                                    

1



ADOPTION AUTHORITY IN ALGERIA:
 
Ministry of the Social Action and National Solidarity

Route Nationale N°1 les vergers BP N°31 Bir khadem - Alger - Algérie

Phone:             +213 021 44 99 46 
                       +213 021 44 99 47 
Fax:                 +213 021 44 97 26 
Phone-Fax:      +213 021 44 99 59 

Note:U.S citizens should apply for kafala at the Algerian Embassy in D.C.

Eligibility to adopt:

  1. The father must be of Muslim faith
  2. The father must be no more than 60 years old. The mother can be no more than 55 years old.
  3. Prospective adoptive parents must be able to prove they have sufficient revenue to support the child.

TIME FRAME: The time frame varies significantly. 


ADOPTION AGENCIES AND ATTORNEYS:  There are no adoption agencies operating in Algeria . 


ADOPTION FEES IN ALGERIA : The U.S. Embassy cannot predict the approximate fee for the process of acquiring custody (kafala). The orphanages (pouponnieres) do not require any payment


ADOPTION PROCEDURES: A completed adoption file containing the documents listed below may be mailed or hand-delivered to the Algerian Embassy in Washington D.C.    

Embassy of the People s Democratic Republic of Algeria
 2118 Kalorama Rd, NW
 Washington , D.C 20008
Prospective adoptive parents should expect to wait to hear back from the orphanage (pouponniere)


DOCUMENTS REQUIRED FOR LEGAL CUSTODY (KAFALA) IN ALGERIA :

  • A handwritten request signed by the prospective adoptive parent
  • A copy of a consular registration card
  • Marriage certificate 
  • Birth certificates of both prospective adoptive parents
  • Employment status and proof that you will be able to support the child   financially
  • Proof of revenue
  • Proof you own/rent a house/apartment
  • Police certificates for both prospective adoptive parents
  • Medical certificates for both prospective adoptive parents

Once these documents are submitted, the Algerian Embassy conducts an investigation. The Embassy will send the file to Ministry of Foreign Affairs in Algeria which will forward it to the Ministry of Social Action and National Solidarity from which it will be finally transferred to the Orphanage (pouponiere).


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


AlGERIAN EMBASSY IN THE UNITED STATES:

Embassy of The People s Democratic Republic of Algeria
 2118 Kalorama Rd, NW
 Washington , D.C 20008
Tel: (202) 265-2800
Fax: (202) 667-2174
Email: ambassadoroffice@yahoo.com


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, 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” .

Parents who do not have an approved I-600A must file their Form I-600 (Petition t Classify Orphan as an Immediate Relative) with the USCIS office having jurisdiction over their place of residence in the United States . In general, a parent who has an approved I-600A may file Form I-600 either in the U.S. or at a USCIS office in the country where the immigrant visa will be issued.   If there is no USCIS office in that country, the I-600 may be filed with the consular section of the U.S. Embassy or Consulate where the adoption case is being processed.


U.S. EMBASSY IN ALGERIA : Americans living or traveling in Algeria 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 Algeria . Americans without Internet access may register directly with the U.S. Embassy in Algiers . By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency. The U.S. Embassy is located at 5 Chemin Cheikh Bachir El-Ibrahimi, 16000, in the capital city of Algiers . The telephone numbers is [213] 70 08 20 00 which can also be reached after hours. The fax number is 213 21 60 73 35. The U.S. Embassy workweek is Saturday through Wednesday.


APPLYING FOR AN IMMIGRANT VISA FOR AN AlGERIAN ORPHAN:  Adoption cases must be scheduled in advance by e-mailing the Consular Section of the U.S. Embassy in Algiers at consularalgiers@state.gov or telephoning (213) 70-08-20-00.  The consular section is open for routine services for U.S. citizens Saturday, Monday, Tuesday and Wednesday from 8:00 to 12:00 and 13:00 to 16:00.


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:

  • 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