Tuvalu 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).  Please see more detail below in the Who Can Adopt, Who can be adopted, and How to adopt for more details on the intercountry adoption steps involving Tuvalu.

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.

In addition to being found suitable and eligible to adopt by USCIS, prospective adoptive parents seeking to adopt a child from Tuvalu must meet the following requirements:

• Minimum Residency: There is no formal residency requirement for foreigners seeking to adopt in Tuvalu. However, adoptive parents must be physically present in court to file an application for adoption and must remain in Tuvalu until the final adoption order is granted.
  The Court shall make an adoption order if at the time of applying to the Court for the order-
• (a) the child; or
• (b) at least one of the applicants,
  is a Tuvalu native and a citizen of Tuvalu
• Age of Adopting Parents: One prospective adoptive parent must be at least 25 years old, and both must be at least 21 years older than the child.
• Marriage: An adoption order can only be given to a husband and wife couple unless the Court finds special reasons to give the order to just one person. The Court can allow a husband and wife couple to adopt a child even if one of them is the child's biological parent. However, a single man is not allowed to adopt a female child..
• Minimum Income: Income should be above average and prospective adoptive parents should live in a suitable environment. Proof of income will have to be submitted to the central adoption authority.
• Other requirements: The applicants must be suitable persons to adopt the child having regard to all relevant considerations, including age, state of health, education and religious upbringing of the child and of the applicants, any wishes that have been expressed by a parent or guardian of the child in an instrument of consent to the adoption with respect to the religious upbringing of the child, and the welfare and interests of the child.

Under the INA 101(b)(1)(F), a child can be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents, or in the case where there is a sole or surviving parent who is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption.

In addition to qualifying as an orphan under U.S. immigration law, the child must also meet the following requirements of Tuvalu:

Eligibility for adoption: The prospective adoptive parents must obtain written consent no more than thirty days prior to the application being lodged with the Court from:

(a) The child, (Children who have attained the age of 10 years are usually, but not always, required to consent to their adoption) and

(b) The child's parents or guardians.

• Age of Adoptive Child: The Tuvalu Adoption of Children Act of 2022 was amended to allow for adoption of children under the age of 21. The application for adoption must be filed before the child turns 21. Please note that for a child to meet the definition of an orphan under U.S. immigration law, a Form I-600, Petition to Classify Orphan as an Immediate Relative, must be filed on the child’s behalf while the child is under the age of 16 (or under the age of 18 if the child is the birth sibling of another adopted child who meets the age and other requirements to immigrate based on adoption by the same adoptive parent(s)). Please see the USCIS website and Form I-600 instructions for special rules on filing dates for children aged 15-16 or siblings under 18.

Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are eligible for adoption. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to the adoption of their child(ren).

Tuvalu’s Adoption Authority

There is no support system or body in Tuvalu which oversees international adoptions. The Senior Magistrate Court handles international adoptions. 

The Process

The process for adopting a child from Tuvalu generally includes the following steps:

1. Choose a U.S. Accredited or Approved Adoption Service Provider To Act as Your Primary Provider 

2. Apply to USCIS to be Found Suitable and Eligible to Adopt (Form I-600A) (or file a Form I-600 combination filing to have USCIS review both your suitability and eligibility as an adoptive parent and the child’s status as an orphan at the same time) 

3. Apply to Tuvalu’s Authorities to Adopt, and to be Matched with a Child 

4. Adopt the Child in Tuvalu

5. Apply for Your Child to be Found Eligible to Immigrate to the United States as an Orphan (Form I-600)

6. Secure a U.S. Immigrant Visa if You Intend to Reside with Your Child in the United States 

7. Obtain U.S. Citizenship for Your Child

1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider that has been authorized by the Government of Tuvalu.

The accredited agency or approved person you identify as the primary provider is responsible for:

• Ensuring that all six adoption services defined at 22 CFR 96.2 are provided consistent with applicable laws and regulations; 
• Supervising and being responsible for any supervised providers, and otherwise complying with the requirements regarding the provision of adoption services using other providers.  (see 22 CFR 96.14); and
• Developing and implementing a service plan in accordance with 22 CFR 96.44.

Only accredited agencies, approved persons, supervised providers, exempted providers, public domestic authorities, and public foreign authorities that have been authorized by the Government of Tuvalu may provide adoption services in intercountry adoption cases.

For more information on primary providers and the UAA, please see Universal Accreditation Act of 2012. See additional guidance for limited situations when a primary provider may not be required. Learn more about Agency Accreditation.

2. Apply to USCIS to be Found Suitable and Eligible to Adopt (or file a Form I-600 combination filing to have USCIS review both your suitability and eligibility as an adoptive parent and the child’s status as an orphan at the same time)

In order to adopt a child from Tuvalu, you will need to meet the requirements of the Government of Tuvalu and U.S. immigration law.

To meet U.S. immigration requirements, you may choose to file a Form I-600A, Application for Advance Processing of an Orphan Petition, with USCIS, to be found suitable and eligible to adopt. Please see the USCIS website for more information about filing options. If you have already identified the child you wish to adopt, you may alternatively choose to file the Form I-600 petition for the child and include all the required supporting documentation for the Form I-600A application (i.e. an approved home study) so USCIS can make a determination on your suitability and eligibility to adopt before reviewing the child’s eligibility as an orphan. Please see USCIS webpages on suitability determinations and USCIS policy guidance on adoptive parent suitability determinations. Unless an exception applies, the home study must be prepared by a person who is authorized under 22 CFR 96 to prepare home studies and who holds any license or other authorization required by the law of the jurisdiction where the home study is conducted (unless a public domestic or public foreign authority). The home study must comply with the requirements in 8 CFR 204.311 and USCIS policy.

3. Apply to Tuvalu’s Authorities to Adopt, and be Matched with a Child

If you are found suitable and eligible to adopt under U.S. immigration law, Tuvalu requires you to submit an adoption application to the Senior Magistrate Court of Tuvalu to be found eligible to adopt by Tuvalu.

Prospective adoptive parents must file an Application for Adoption with the Senior Magistrate Court. The Court will then appoint the Tuvaluan Social Welfare Officer from the Ministry of Home Affairs as Guardian Ad Litem. The Social Welfare Department will conduct a home-study and investigation that assesses the prospective adoptive parents' character, financial competence and suitability, and report back to the Court. The Magistrate's Court will then consider whether to grant an Adoption Order based on the report. If the Social Welfare report is favorable, the court grants the Adoption Order.

Prospective adoptive parents can contact the Office of the People's Lawyer in Funafuti by email at tuvaluopl2020@gmail.com or the Office of the Attorney-General by telephone at (688) 710 2050 or (688) 20 823 for guidance about filing an adoption application with the Senior Magistrate Court. The adoptive parents must have an approved Form I-600A, Home Study Report, statement of consent from the child’s biological mother, any additional documents such as original birth, marriage certificates of the adoptive parents and child to support the adoption application.

The competent adoption authority or other authorized entity in Tuvalu will review your adoption dossier and, if an appropriate match is found, may provide you with a referral. We encourage families to consider consulting with a medical professional and their adoption service provider to understand the needs of the specific child, but you must decide for yourself whether you will be able to meet the needs of and provide a permanent home for a specific child. You must also ultimately adhere to the USCIS’ suitability determination (i.e. typically the Form I-600A approval notice) with respect to the number of children you are approved to adopt and the characteristics of the child(ren) (such as age, sex, nationality, and/or special need, disability, and/or impairment) that you are approved to adopt. Learn more about Health Considerations

The child must be eligible to be adopted according to Tuvalu’s requirements, as described in the Who Can Be Adopted section. The child must also meet the definition of an orphan under U.S. immigration law.

4. Adopt the Child in Tuvalu

The process for finalizing the adoption in Tuvalu generally includes the following:

• Role of Adoption Authority: Tuvalu has no dedicated support system for international adoptions. The Senior Magistrate Court handles adoptions and appoints the Tuvaluan Social Welfare Officer from the Ministry of Home Affairs as Guardian Ad Litem. 

Contact for the Ministry of Home Affairs: 
Phone number: (+688) 20174 or (+688) 20173. 
Facsimile number: (+688) 20821 
 
Note: Seek legal advice from the Attorney General's office and/or the People's Lawyer well in advance.

• Role of the Court: Prospective adoptive parents must file an Application for Adoption with the Senior Magistrate Court. The Court then appoints the Tuvaluan Social Welfare Officer as Guardian Ad Litem. The Social Welfare Department conducts a home study and investigation, assessing the prospective adoptive parents' suitability and reports back to the Court. The Magistrate's Court considers the report and decides whether to grant an Adoption Order. If the report is favorable, the court grants the order.
• Role of Accredited or Approved Adoption Service Providers: As noted above, any agency or person providing an adoption service on behalf of prospective adoptive parents in any non-Convention intercountry adoption case must be accredited or approved or be a supervised or exempted provider. 
  Adoption service means any one of the following six services, 22 CFR 96.2 Definitions:
• Identifying a child for adoption and arranging an adoption;
• Securing the necessary consent to termination of parental rights and to adoption;
• Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study;
• Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child;
• Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or
• When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement.

Note: See additional guidance for limited situations when a primary provider may not be required.

• Adoption Application: The best source for information about adoption in Tuvalu is Tuvalu's Adoption Act, which can be located at: http://www.paclii.org/tv/legis/consol_act/aoca191/. 
   
  Tuvalu's Adoption Act states at the outset that: "In all proceedings under this Act the welfare and interests of the child shall be regarded as the paramount consideration." Very generally, and in summary, the process as outlined in the legislation is as follows: 
• The prospective adoptive parents must obtain written consent from (a) the child (Children who have attained the age of 10 years are usually, but not always, required to consent to their adoption) and (b) the child's parents or guardians. 
• The prospective adoptive parents may then file an Application for Adoption with the Senior Magistrate Court. 
• Time Frame: Intercountry adoptions in Tuvalu may take approximately two months to complete.  
• Adoption Fees: We encourage prospective adoptive parents to obtain detailed receipts for all fees and donations paid, either by them directly or through their U.S. adoption service provider, and to raise any concerns regarding any payment that you believe may be contrary to U.S. law, or the law of Tuvalu, with your adoption service provider, and, when appropriate, through the Complaint Registry. Improper payments violate applicable law, or create the appearance of buying a child, and could put all future adoptions in Tuvalu at risk. The Foreign Corrupt Practices Act, for instance, makes it unlawful to make payments to foreign government officials to assist in obtaining or retaining business. Further, the UAA and IAA make certain actions relating to intercountry adoptions unlawful, and subject to civil and criminal penalties. These include offering, giving, soliciting, or accepting inducement by way of compensation intended to influence or affect the relinquishment of parental rights, parental consent relating to adoption of a child, or a decision by an entity performing functions as a competent authority, or to engage another person as an agent to take any such action.

In the adoption services contract that you sign at the beginning of the adoption process, your adoption service provider will itemize the fees and estimated expenses related to your adoption process.

• Documents Required: The Social Welfare Officer and the Senior Magistrate Court will require the prospective adoptive parents to submit the following documents: 
• Written consent of the child, if required (age dependent), and the child's parents or guardians. 
• The child's original birth certificate. 
• Adoptive parents' criminal background, financial documents, employment references, evidence of property, etc. 
• Prospective adoptive parents' birth certificates, marriage license, and any divorce decrees from previous marriages. 
• Two written character references for the adoptive parents, preferably from people of high standing, such as church ministers, school principals, or government officials. 
• An independent home study report, conducted by their local social welfare agency. Please note that Tuvalu has no dedicated support system for international adoptions. The Senior Magistrate Court handles adoptions and appoints the Tuvaluan Social Welfare Officer from the Ministry of Home Affairs as Guardian Ad Litem. 
• Any other information tending to show that the adoption is in the best interest of the child. (e.g., a statement as to motives for adoption).

Note: Additional documents may be requested.

• Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. The U.S. Department of State’s Authentications Office has information on the subject. 

5. Apply for Your Child to be Found Eligible to Immigrate to the United States as an Orphan

USCIS must determine if the child meets the definition of an orphan under U.S. immigration law in order for the child to immigrate to the United States. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative, on behalf of the child and unless a limited exception applies, you must identify a primary provider.

If you have a valid Form I-600A approval, you may file your Form I-600 petition in the United States with the USCIS National Benefits Center, or at U.S. Embassy Suva, . Please see the USCIS website for more information about filing options.

When a Form I-600 petition is adjudicated by USCIS in the United States, U.S. Embassy Suva’s consular section must complete a Form I-604, Determination on Child for Adoption (sometimes informally referred to as an orphan determination), to verify the child’s orphan status.

When a Form I-600 petition is filed with U.S. Embassy Suva consular section, the consular officer must complete the Form I-604, Determination on Child for Adoption, to verify the child’s orphan status.

Conducting the Form I-604 determination is a critical part of the non-Convention adoption process. It can take approximately 15 to 30 working days to complete, depending upon the circumstances of your case. Consular officers appreciate that families are eager to bring their adopted child home as quickly as possible. Some of the factors that may contribute to the length of the process include prevailing fraud patterns in the country of origin, civil unrest or security concerns that restrict travel to certain areas of the country, and the number of determinations performed by available staff. Consular officers make every effort to conduct them as quickly and thoroughly as possible. You are advised to keep your travel plans flexible while awaiting the results.

6. Secure a U.S. Immigrant Visa if You Intend to Reside with Your Child in the United States

Once your adoption is complete and the Form I-604 determination has been completed, finding that your child meets the legal definition of an orphan for immigration purposes, there are a few more steps to take before your child can enter the United States.

Your child will need an immigrant visa if you intend to reside in the United States with your child. If instead you intend to continue residing overseas with your child but still seek naturalization of your child by application (Form N-600K), you will not need an immigrant visa, but you may need a different type of visa to complete the process. Please discuss this with the consular officer handling your case and consult the USCIS website for more information.

You need to obtain three documents before you secure a visa so your child can travel to the United States: 

Birth Certificate

You will need to obtain a new or updated birth certificate for your child.

If you have finalized the adoption in Tuvalu, you will first need to apply for a new birth certificate for your child with your name on it.

After the adoption is completed, the adoptive parents need to take a copy of the adoption order to the Office of the Registrar General in Funafuti to register the adoption and request issuance of a new birth certificate for the adopted child. With the child’s new birth certificate and adoption order, the adoptive parents can apply for a passport for the child at the Office of the Chief Immigration Officer. 
Vaiaku 
Funafuti 
Telephone: (+688) 20-101, 20-100 
Fascimile: (+688) 20-820

Tuvalu Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Tuvalu.

U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child and you have filed Form I-600, you will then need to apply for a U.S. immigrant visa for your child from U.S. Embassy Suva if you intend to bring your child to reside in the United States with you. This immigrant visa allows your child to travel home with you and be admitted to the United States as your child. Please contact U.S. Embassy Suva by email at suvaiv@state.gov to schedule your child’s immigrant visa appointment. As part of this process, you must provide the consular officer with the Panel Physician’s medical report on the child. Read more about the Medical Examination.

You must complete an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC) after receiving a letter from the National Visa Center (NVC) confirming receipt of the approved Form I-600 petition and assignment of a case number and an invoice ID number. Print and bring the DS-260 confirmation page to the visa interview. Review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact NVC at NVCAdoptions@state.gov if you have questions about completing the online DS-260 form.

Please note that U.S. U.S. Embassy Suva processes immigrant visas for non-U.S. citizens located in Tuvalu. Additional information concerning immigrant visa processing at U.S. Embassy Suva can be found on U.S. Embassy Suva website.

Upon receipt of the case, U.S. Embassy Suva generally notifies the petitioner. Visa issuance after the final interview generally takes 24 hours. It is not usually possible to provide the visa to adoptive parents on the same day as the immigrant visa interview. You should verify current processing times with U.S. Embassy Suva before making final travel arrangements. Additional information on immigrant visa processing can be found on our website.

If you will reside outside the United States with your child, you should contact the adoption authority or competent authority where you reside for additional information about how to bring your child to that country.

7. Obtain U.S. Citizenship for Your Child

If you obtain an immigrant visa for your child, USCIS will mail your child either a permanent resident card (green card), or a Certificate of Citizenship, after your child enters the United States. If you plan to reside outside the United States with your child (and, therefore, may not benefit from an immigrant visa for your child), please see the relevant section below.

For adoptions finalized abroad before the child’s admission into the United States: A child who was adopted abroad and has satisfied Immigration and Nationality Act (INA) 101(b)(1)(E), INA 101(b)(1)(F), or INA 101(b)(1)(G) requirements, who is residing in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence generally will acquire U.S. citizenship after admission if the child is under the age of 18 when these conditions are met.

Depending on the visa your child receives, their age, and the other INA 320 requirements, you may not need to take any additional action for your child to acquire U.S. citizenship. However, if your child does not meet the requirements of INA 320 at the time of admission into the United States, you may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met. More information is available on the USCIS website.

Applying for Your U.S. Passport

U.S. citizens are required to enter and depart the United States on a valid U.S. passport. Once your child acquires U.S. citizenship, s/he will need a U.S. passport for international travel. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.

Getting or renewing a passport is easy. The Department of State’s Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print all in one place.

Obtaining a Visa to Travel to Tuvalu

In addition to a U.S. passport, you may also need to obtain a visa. Where required, visas are affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Tuvalu, see the Department of State’s country page.

Staying Safe on Your Trip

Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The Department of State provides country information for every country in the world about various issues, including health conditions, crime, currency or entry requirements, and any areas of instability.

Staying in Touch on Your Trip

When traveling abroad during the adoption process, we encourage you to enroll with the Department of State through our Smart Traveler Enrollment Program (STEP) to receive important information from the U.S. Embassy about safety conditions in your destination country. Enrollment makes it possible for the U.S. Embassy or Consulate in Tuvalu, to contact you in an emergency, whether natural disaster, civil unrest, or family emergency. Whether there is a family emergency in the United States or a crisis in Tuvalu, enrollment assists the U.S. Embassy or Consulate in reaching you.

Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).

Post-Adoption Resources

Many adoptive parents find it important to find support after the adoption. There are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. You may wish to take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services. Your primary provider can provide or point you to post- placement/post-adoption services to help your adopted child and your family transition smoothly and deal effectively with the many adjustments required in an intercountry adoption.

The U.S. Department of Health and Human Services maintains a website, the Child Welfare Information Gateway, which can be a useful resource to get you started on your support group search. In particular you may find the pages on Parenting After Adoption - Child Welfare Information Gateway and Post Adoption and Permanency Support Services - Child Welfare Information Gateway useful.

COMPLAINTS

If you have concerns about your intercountry adoption process, we ask that you share this information with U.S. Embassy Suva, particularly if it involves possible fraud or misconduct specific to your child’s case. The Department of State takes all allegations of fraud or misconduct seriously. Our Adoption Comment Page provides several points of contact for adoptive families to comment on their adoption service provider, their experience applying for their child’s visa, or about the Form I-600/A process.

The Complaint Registry is an internet-based registry for filing complaints about U.S. accredited or approved adoption service providers. If you think your provider's conduct may not have been in compliance with accreditation standards, first submit your complaint in writing directly to your provider. If the complaint is not resolved through the provider's complaint process, you may file the complaint through the Complaint Registry.

U.S. Embassy in Tuvalu  
The United States does not have an Embassy or Mission in Tuvalu. The Embassy that covers Tuvalu is located in Fiji. That Embassy's Consular Section is located at: 
 
U.S. Embassy Suva 
31 Loftus Street 
P.O. Box 218 
Suva, Fiji 
Tel: (679) 331-4466 
Fax: (679) 330-2267 
Email: consularsuva@state.gov 
Internet: https://fj.usembassy.gov/

Tuvalu’s Adoption Authority
Magistrate's Court
Funafuti, Tuvalu
Tel: (+688) 20837

Tuvalu does not have an Embassy or Consulate in Washington, D.C. Tuvalu's only official representative in the United States is at the United Nations in New York: 
 
The Permanent Mission of Tuvalu to the United Nations 
800 Second Avenue, Suite 400 B 
New York, NY 10017 
Tel: (+1 212) 490-0534 
Fax: (+1 212) 808-4975

Office of Children’s Issues
U.S. Department of State
CA/OCS/CI
SA-17, 9^th Floor
Washington, D.C. 20522-1709
Tel: 1-888-407-4747
Email: Adoption@state.gov
Internet: adoption.state.gov

U.S. Citizenship and Immigration Services (USCIS)

For questions about a pending Form I-600A application, Form I-600 petition or related supplements:
USCIS
Tel: 1-877-424-8374 (toll free); 1-913-275-5480 (local); Fax:1-913-214-5808
Email: NBC.Adoptions@uscis.dhs.gov

For other USCIS-related questions:
USCIS Contact Center
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
Internet: uscis.gov