INTERCOUNTRY ADOPTION


NIGERIA

May 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:  Document and identity fraud related to adoptions is a serious concern in Nigeria. The U.S. Consulate General in Lagos requires all adoptions be investigated in person in the state where the adoption took place to verify the authenticity of the information provided in the adoption decrees and I-600 petitions. For security reasons, U.S. government personnel are restricted at times from traveling to certain parts of the country, causing these investigations to take an average of six months.

Nigerian adoption laws are complex and vary from state to state. In general, prospective adoptive parents who intend to adopt a specific child must first obtain temporary custody of the child (i.e., the Nigerian equivalent of foster care). Foster care requirements differ from state to state, and can be as long as one year before an adoption will be granted. Adoptive parents must also be available to be questioned in court by the magistrate considering their adoption request. Proxy adoptions are not valid in Nigeria.  Adoptive parents who complete adoptions by proxy without fulfilling state requirements risk having their I-600 petitions returned to USCIS for revocation.

Prospective adoptive parents are advised to obtain more information on adopting in individual states through the state social welfare office where the adoption will take place.

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

Fiscal Year Number of Immigrant Visas Issued
FY 2005 65
FY 2004 71
FY 2003 47
FY 2002 45
FY 2001 33

ADOPTION AUTHORITY IN NIGERIA: The application for adoption originates from the social welfare office of the state where the child is located. The government office responsible for adoptions in Nigeria is the magistrate court of the state where the child is located.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Requirements vary from state to state. In some states, including Abia, Akwa-Ibom, Anambra, Bayelsa, Cross River, Ebonyi, Enugu, Imo and Rivers, adoptive parents must be at least 25 years old and 21 years older than the child (for married couples, at least one parent must meet these age requirements). In most states, married couples must adopt jointly. Single parents may adopt; however, a single person will not be allowed to adopt a child of the opposite sex, except in extraordinary circumstances.

RESIDENCY REQUIREMENTS: Nigerian adoption law requires a parent-child relationship be established before the court decision can be considered final. Each state determines the length of time it takes to establish the parent-child relationship.

TIME FRAME: Adoption procedures can take from a few months to over a year, depending on the state of origin of the child.

ADOPTION AGENCIES AND ATTORNEYS: The U.S. Consulate General in Lagos is not aware of any legally recognized Nigerian agencies that assist adopting parents, or of any licensed Nigerian adoption agencies.  Foreigners can seek private legal assistance from a Nigerian attorney to facilitate the process of adoption. The U.S. Consulate General in Lagos maintains a list of attorneys (http://abuja.usembassy.gov/wwwhcoly.html), but is not aware of any specializing in adoptions.  However, there are orphanages, hospitals and other institutions that are relatively more experienced with international adoption. Check with the U.S. Consulate General in Lagos for information on these institutions.

Many prospective adoptive parents have found it helpful to initiate the intercountry adoption and U.S. immigration process with the assistance of an adoption agency.
Prospective adoptive parents are advised to research fully 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 U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES IN NIGERIA: No standard fee is charged apart from small filing fees to the court.  It is illegal for anyone to make or receive payment or any other award for the adoption of a child.

ADOPTION PROCEDURES: In most Nigerian states, the adoption process begins when an application for an adoption order is made in accordance with local requirements and submitted to the registrar of the competent court. On application for adoption, the court will appoint a guardian ad litem for the child (under the age of 17 years) to represent him/her in the adoption proceedings. The guardian ad litem is the social welfare officer in charge of the area where the juvenile resides, or a probation officer or some other person suitably qualified in the opinion of the court of assignment. The guardian ad litem represents the child’s interests until the magistrate questions the adoptive parents and grants the adoption order, at which time legal custody is given to the adoptive parents.

The guardian ad litem investigates the circumstances relevant to the proposed adoption and reports in writing to the court. Prospective adoptive parents must inform the social welfare officer of their intention to adopt at least three months before the court order is made. For at least three consecutive months immediately preceding an adoption order, the child must have been in the physical care and legal custody of the applicant parents in Nigeria.  An applicant cannot have the child reside with another family member in lieu of living with the applicant, even if a Power of Attorney is in effect.
The social welfare officer visits the home of the adoptive parents until the officer is satisfied that the juvenile is settled and the prospective adoptive parents are capable of looking after him or her. In such a case, the social welfare officer reports in writing a positive recommendation to the court. The magistrate will meet the adoptive parents in court to confirm their suitability and will issue or deny the adoption order.

After the adoption order has been issued, adoptive parents should obtain a new birth certificate for the child listing them as the child’s parents. In some states, after the adoption has been granted, the adoptive parents must obtain the court’s permission to remove the child from Nigerian jurisdiction, either temporarily or permanently.  In addition, the social welfare officer might be required to submit a letter to the Nigerian immigration office, stating that the adoptive parents are now the legal parents of the child. This letter then permits the adopting parents to apply for a passport to take the child out of Nigeria.

Note: Proxy adoptions are not valid in Nigeria.  Adoptive parents who complete adoptions by proxy without fulfilling state requirements risk having their I-600 petitions returned to USCIS for revocation.

DOCUMENTS REQUIRED FOR ADOPTION IN NIGERIA:The paperwork involved in Nigerian adoptions is extensive and time-consuming to obtain. Documents required include birth certificates, marriage certificates, and divorce decrees (where applicable), which should be original documents. Prospective adoptive parents are advised to consult with a Nigerian attorney about the document requirements for the state where they are adopting.

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

Nigerian embassy and consulateS in the United States:

The Embassy of the Federal Republic of Nigeria
3519 International Court, NWWashington, DC 20008
Tel: 202-775-8400
Fax: 202-775-1385Web site: http://www.nigeriaembassyusa.org/f_index.html

Consulate General of Nigeria, Atlanta
8060 Roswell Road
Atlanta, GA 30350
Tel: 770-394-6261
Fax: 770-394-4671
Web site: http://www.nigeria-consulate-atl.org
Email: info@nigeria-consulate-atl.org

Consulate General of Nigeria, New York
828 2nd Avenue, 10th Floor
New York, NY 10017
Tel: 212-850-2200
Web site: http://www.nigeriahouse.com
Email: info@nigeriamission.com

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 and Consulate in Nigeria: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration web site, 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. 

Embassy of the United States of America
Abuja, Nigeria
Plot 1075 Diplomatic Drive
Central Business District, Abuja, FCT
(Off Independence Avenue/Near the Ministry of Defense)
Tel.: [234](9) 461-4262
Fax: [234] (9)-461-4171
E-Mail: Consularabuja@state.gov

U.S. Consulate General, Lagos
2 Walter Carrington Crescent
Victoria Island, Lagos
Nigeria
Tel: [234](1) 261-0050, 261-0078

Note: Although the U.S. Embassy is in Nigeria’s capital (Abuja), immigrant visa cases are reviewed only at the U.S. Consulate General, Lagos.

APPLYING FOR AN IMMIGRANT VISA AT THE U.S. CONSULATE IN NIGERIA:

A child adopted by a U.S. citizen who will reside in the U.S. must obtain an immigrant visa before he or she can enter the United States. To obtain an immigrant visa for the adopted child, adoptive parents must first demonstrate to the U.S. Citizenship and Immigration Services (USCIS, a division of the Department of Homeland Security) that they can and will provide proper care to the child if admitted to the U.S. The I-600A Application for Advance Processing of Orphan Petition allows adopting parents to demonstrate that they are financially, logistically and otherwise prepared to adopt a child internationally even before a child has been identified for adoption. If used, the I-600A should be filed with the USCIS office having jurisdiction over the adopting parents’ place of residence in the U.S. Please read “How Can Adopted Children Come to the United States” for the requirements of the I-600A petition and the procedure following an approved I-600A.

The I-600 Petition to Classify Orphan as Immediate Relative is used to demonstrate that a specific child meets the definition of “orphan” found in U.S. immigration law.  Please read “How Can Adopted Children Come to the United States” for the requirements of an I-600 petition. Parents are permitted to file the I-600 with DHS officers at U.S. Embassies or Consulates where Department of Homeland Security immigration officials are assigned. However, because the Department of Homeland Security is not represented in Nigeria, all petitions must originate in the U.S. Consular officers can only accept I-600 petitions at the Consulate if an I-600A has been filed and approved by a USCIS office in the U. S. If prospective adoptive parents plan to file the I-600 after the completed adoption, skipping the I-600A portion, the I-600 must be filed in, and approved by, a USCIS office in the U.S.

PLEASE NOTE: All applications for an immigrant visa for an adopted child at the U.S. Consulate General in Lagos will undergo full field investigations in the state where the adoption took place to verify the authenticity of the information provided in the adoption decrees, I-600 petitions and supporting documents. This investigation also serves to verify that the child is an orphan as defined by U.S. immigration law and may include both documentary reviews and interviews with persons connected to the child’s case.   For security reasons, U.S. government personnel are restricted at times from traveling to certain parts of the country, causing these investigations to take an average of six months.

Please also note: Visa issuance after the final interview generally takes 48 hours.

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 Nigeria may be addressed to the U.S. Consulate General in Lagos. 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, 1-202-663-1225.
  • 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/.