Pursuant to Article 9 of Nauru’s Adoption of Children Act of 1965, an adoptive parent who is not a citizen of Nauru may not adopt a citizen of Nauru
Nauru is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). However, under the Intercountry Adoption Universal Accreditation Act of 2012 (UAA), which became effective on July 14, 2014, the requirement that adoption service providers be accredited or approved, and therefore meet the accreditation standards, which previously only applied in Convention cases, also applies in non-Convention (“orphan”) cases under section 101(b)(1)(F) of the Immigration and Nationality Act (INA). The UAA requires that an accredited or approved adoption service provider act as the primary provider in every non-Convention intercountry adoption case, and that adoption service providers providing any adoption services, as defined at 22 CFR Part 96.2, on behalf of prospective adoptive parents be accredited or approved or be a supervised or exempted provider. See additional Department of State guidance and U.S. Citizenship and Immigration Services (USCIS) guidance for limited situations when a primary provider may not be required. Intercountry adoptions of children from non-Convention countries continue to be processed under the Orphan Process with the filing of the Forms I-600A and I-600. However, adoption service providers should be aware of the information on the USCIS website on the impact of the UAA on Form I-600A and Form I-600 adjudications, including the requirement that all home studies, including home study updates and amendments, comply with the home study requirements listed at 8 CFR 204.311, which differ from the orphan home study requirements that were in effect before July 14, 2014. Please see the USCIS adoption webpages for more information about the orphan adoption process.
U.S. citizens interested in adopting children from Nauru should contact the adoption authority of Nauru to inquire about applicable laws and procedures. U.S. citizen prospective adoptive parents living in Nauru who would like to adopt a child from the United States or from a third country should also contact Nauru’s adoption authority. See contact information below.
General Adoption Steps
If you receive permission from the adoption authority of Nauru to pursue an intercountry adoption, below is the limited adoption information the Department has obtained from the adoption authority of Nauru.
The amended Nauru adoption act that came into effect on April 15, 2011, does not allow non-Nauruan citizens to adopt a Nauruan child. As a result of Nauru’s restrictions regarding adoptions of Nauruan children, U.S. citizens may only adopt children who are not Nauruans.
The PAPs must then adopt or obtain legal custody of the child in his or her country of residence in accordance with all applicable laws and regulations before filing the immigrant visa petition (Form I-600) with USCIS.
There are no adoption agencies in Nauru. There are several private lawyers practicing in Nauru as well as a volunteer known as the "People's Lawyer" on contract with the Nauru Government. The People's Lawyer may be contacted at:
Office of the People's Lawyer
Government Building, Judiciary
Yaren District
Nauru
Tel: (+674) 444-3133
Alternatively, prospective adoptive parents may seek assistance from the Attorney General's office. The Attorney General's contact information is:
Office of the Attorney General
Government Building, Judiciary
Yaren District
Nauru
Tel: (+674) 444-3133
https://naurujudiciary.gov.nr/
The nearest immigrant visa issuing U.S. embassy is in Suva, Fiji. Once prospective adoptive parents receive the Form I-171 Notice of approval of relative immigrant visa petition from the United States Citizenship and Immigration Services, the embassy requests that U.S. prospective adoptive parents begin and maintain contact with the Immigrant Visa Unit. Their contact information is: suvaiv@state.gov and (679) 331-4466 (telephone) and (679) 330-2267 (fax).
Note: The U.S. Embassy in Suva, Fiji cannot issue visas on the same day of the visa interview. Prospective adoptive parents should expect a minimum of two days for the visa to be issued. .
Please see the USCIS adoption webpages for more information about the non-Convention (or orphan) adoption process.
Caution: Although U.S. citizens generally must follow the orphan adoption process to adopt a child from a non-Convention country, the Family-Based Petition Process (Form I-130) may be an option for U.S. citizens and lawful permanent residents to petition for their adopted child. There are significant differences between the orphan and the Family-Based Petition Process. For more information about specific Form I-130 requirements for adopted children, see the USCIS website and the USCIS Policy Manual, Vol. 5.
