INTERCOUNTRY ADOPTION


NIGER

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:  Nigerien law does not technically permit adoptions by couples with biological children. A longstanding policy of granting exceptions is under review by the Direction de la Protection de l'Enfant (DPE).

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE UNITED STATES:  In the last seven years, no Nigerien children have received U.S. immigrant visas on the basis of being orphans adopted by U.S. citizens.

ADOPTION AUTHORITY IN NIGER : The government office responsible for adoptions in Niger is: 
Centre d’Accueil des enfants en difficulté familiale
Direction de la protection de l’enfant,
Ministère du Développement Social, de la Population, de la Promotion de la Femme et de la Protection de l’Enfant
BP 11386
Niamey, Niger
Telephone:   011-(227)-73-30-68

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: According to Nigerien law, the prospective adoptive parents must be married and one parent must be at least 35 years of age and they should have been married for a minimum of 10 years

RESIDENCY REQUIREMENTS:  There are no residency requirements for adoptions in Niger .

TIME FRAME: According to Nigerien authorities, the procedures as outlined above take one to three months.  However, experience has been that they (the Nigerien government) generally take six months to a year.      

ADOPTION AGENCIES AND ATTORNEYS:  The sole agency authorized to handle adoptions in Niger is the “Centre d’Acceuil des Enfants en Difficulté Familiale,” the Nigerien government entity cited above.   However, this agency prefers that prospective adoptive parents work with an attorney who understands local law.

Although not required by Nigerien law, it is recommended that prospective adoptive parent(s) hire a local lawyer to handle their case.  The U.S. Embassy maintains a list of attorney’s known to work with U.S. citizen, found at http://niamey.usembassy.gov/niger/attorney.html.  This list does not imply an endorsement of specific attorneys by the Embassy. 

ADOPTION FEES IN NIGER : Adoption fees vary from attorney to attorney and may include service fee for application filing, passport and birth certificate application, court fees etc.

NIGERIEN ADOPTION PROCEDURES: The prospective adoptive parent(s) must submit the documents listed below under “Documentary Requirements” to the Direction de la Protection de l'Enfant (DPE) at the Ministry of Social Development (MSD) For adoptions pursued from abroad, the adoptive parents are expected to hire a local attorney to represent prospective them. 

Once the DPE has issued a favorable recommendation for the placement of a child with the prospective adoptive parents overseas, the latter can request the child to be provisionally placed with a foster family in Niger recommended by the adoptive parents until the final decision by the judge.  If the prospective adoptive parents have not identified a Nigerien family to temporarily care for the child, then the child stays at the orphanage where he or she reides until the adoptive family arrives in Niger.  Prospective adoptive parents resident in Niger can request provisional custody themselves at this same stage of the process. 

Upon receipt of a request from prospective adoptive parents, the DPE reviews the file.  After ensuring it is complete and fulfills the DPE’s requirements, they forwards the case to the office of the Minister of Social Development for approval and transmission to the President of the Tribunal de la Justice for a hearing.  The President of the Tribunal may direct a social worker to review the home study ("social survey") contained in the file.  If the parents are adopting from overseas, a home study performed to meet the requirements of their country of residence will be sufficient (in the case of U.S. families, the I-600A home study), but must be accompanied by a French translation. 

Once the review of the file is complete, the greffier (court clerk) at the Tribunal schedules a hearing before the President of the Tribunal for the prospective adoptive parents.  The President of the Tribunal sends a copy of the case file to the Procurer Général (District Attorney) and requests that office to direct a huissier (process server) to notify the prospective parents or their representative of the hearing date.  This is the point at which the prospective adoptive parents must travel from the U.S. to Niger .

Unless the hearing reveals a documentary omission or other problems (depending on the individual case) the President of the Tribunal issues the formal custody decree at that time.  After a two-month waiting period, during which the child may not leave Niger , the adoption becomes final and the adoptive parents can then proceed with obtaining a birth certificate for the child at the Etat Civil office at the Hotel de Ville (City Hall). 

NIGERIEN DOCUMENTARY REQUIREMENTS: 

  • A handwritten request/cover letter for the documents listed below delivered by the lawyer to the Direction de la Protection de l'Enfant at the Ministry of Social Development, signed by prospective adoptive parents; 
  • Marriage certificate of the prospective adoptive parents;
  • Birth certificates of the prospective adoptive parents;
  • Medical examination certificates for the prospective adoptive parents.  Although any qualified physician can do the exam, the results/report must be in French; [translation of the medical report is accepted]
  • Psychological evaluation of each of the prospective adoptive parents in French;
  • Two photographs (b/w or color, any size) of the each of prospective adoptive parents;
  • Sterility certificate for at least one prospective adoptive parent, if applicable.  If neither is sterile, the prospective parents must state in the cover letter why they want to adopt a child;  
  • Nigerien police record for prospective adoptive parents is required for any time spent in Niger . According to Nigerien authorities, police records are not required from other countries where the prospective adoptive parents have lived. Valid for three months, the Nigerien police records must be renewed for any additional time the prospective parents spend in Niger .  Foreigners in Niger can obtain police records at the Cour d’Appel in either Niamey or Zinder as appropriate.  There is a fee. (about US $10)
  • Monthly or annual earnings statement;
  • If the prospective adoptive parents (regardless of nationality) are resident in Niger , a certification of social survey ("home study") performed by a Nigerien social worker;
  • A copy of the home study submitted to USCIS professionally translated into French will suffice.  However, it must include a psychological evaluation of the parents.  (NOTE:  The only document the Embassy is in a position to issue is a letter stating such a child will be issued an immigrant visa if the Consul is satisfied the adoption was carried out in conformity with Niger laws and that the requirements of U.S. immigration law have been met.);
  • Nationality certificates or passports of prospective parents;

Additional IMPORTANT local factors to consider:

  • HOME STUDY:   Prospective adoptive parents resident in Niger who plan to apply for an immigrant visa for an orphan (immigrant visa category IR-3 or IR-4), must be certain that the home study performed to fulfill Nigerien requirements also meets the more rigorous requirements of U.S. immigration law.
  • NIGERIEN GOVERNMENT FOLLOW-UP:   Nigerien officials may claim that the prospective adoptive parents must sign an agreement to pay for Nigerien social workers to travel and visit the family every two years until the adopted child reaches majority.  This is not an actual Nigerien legal requirement.  In practice, Nigerien authorities have accepted a letter from the social service agency with jurisdiction over the prospective parents’ place of residence in the U.S. that it will monitor the child’s post-adoption development.
  • TRAVEL DOCUMENT FOR CHILD:   Some Nigerien authorities have taken the view that, once a Nigerien child has been adopted by a foreign couple, s/he no longer has Nigerien nationality under Nigerien law and thus is entitled only to a single-sheet temporary passport as a one-time travel document.  The Nigerien passport office at the Direction Surveillance du Territoire at the Ministry of Interior, however, routinely issues Nigerien passports to children adopted by parents of various nationalities, and would do the same for those adopted by Americans. Using the Nigerien birth certificate listing them as the parents, the adoptive parents must submit the passport application through their attorney, but pay only the normal passport issuance fee.  Depending on your attorney a service fee may be included in the attorney fees.

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.state.gov/m/a/auth/.

NIGERIEN EMBASSY IN THE UNITED STATES: 

Embassy of Niger
 2204 R. Street, NW
 Washington, DC 20008
Tel. (202) 483-4224
Fax. (202) 483 – 3169

Niger also has a mission to the United Nations in New York , but it does not handle consular issues, including those related to adoptions.

U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive 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 an 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 NIGER :  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:

Rue des Ambassades, BP 11201
Niamey, Niger ,
Tel. (227) 72-26-61    
Fax. (227) 73-31-67
Email: consulateniamey@state.gov
http://niamey.usembassy.gov/

APPLYING FOR A VISA AT THE U.S. EMBASSY IN NIGER :  IV interviews are on Tuesday and Thursdays only from 1300H to 1600H. For an appointment please call (227) 722 661/2/3/4.

NOTE:  Once all the required documentation is provided visas may be issued on the same day.  However, the Embassy strongly recommends that airline tickets not be purchased for the adopted child and those accompanying him/her to the United States until the visa has been issued to the child.

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 Niger may be addressed to the U.S. Embassy in Niamey .  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/.