DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

GENERAL: The following is a guideline for U.S. citizens who are interested in adopting a child in Niger and applying for an immigrant visa for the child to come to the United States. This process involves complex foreign and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parents(s) and the child. Interested U.S. citizens are strongly encouraged to contact the Consular Section at the U.S. Embassy in Niamey before proceeding with an adoption to ensure that appropriate procedures are followed which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION:

In the last five years, no Immediate Relative-3 (IR-3) visas (for children adopted abroad) or IR-4 visas (for foreign-born children to be adopted in the United States) have been issued to Nigerien children by the Department of State.

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).

NIGER ADOPTION AUTHORITY: 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)

NIGER ADOPTION PROCEDURES: The 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, an adoption agency or attorney may represent prospective adoptive parents. 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 family in Niger recommended by the adoptive parents until the final decision by the judge. Prospective adoptive parents resident in Niger can request provisional custody themselves at this same stage of the process. Although not required by Nigerien law, it is recommended that prospective adoptive parent(s) hire a local lawyer to handle their case.

Upon receipt of a request from prospective adoptive parents, the DPE reviews the file. After ensuring it is complete and fulfills their requirements, the DPE 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 directs a social worker to review the home study ("social survey") contained in the file of the prospective adoptive parents. If the parents are adopting from overseas, a home study performed to meet the requirements of their country of residence will be sufficient, 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 General (District Attorney) and requests that office to direct a Huissier (process server) to notify the prospective parents or their representative of the hearing date. Unless the hearing reveals a documentary omission or other problems, 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 Civile office at the Hotel de Ville (City Hall). According to Nigerien authorities, the procedures as outlined above take one to three months, however, experience has been that they generally take six months to a year.

AGE AND CIVIL STATUS REQUIREMENTS: According to Nigerien law, the prospective adoption parents must be married and one parent must be at least 35 years of age.

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

ADOPTION AGENCIES AND ATTORNEYS: The sole authorized agency is the "Centre d'Acceuil des Enfants en Difficulté Familiale", the Niger government entity cited above.

NIGER DOCUMENTARY REQUIREMENTS:

A handwritten request/cover letter for the documents listed below 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.

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 neither is sterile, the prospective parents must state in the cover letter why they want to adopt a child.

Niger 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.

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 Nigerien social worker.

If the prospective adoptive parents are foreigners resident abroad, certification that social services authorities in their country of residence agree to the adoption. An approved home study that has satisfied the requirements of the prospective adoptive parents' home state in the U.S. will generally fulfill this requirement, however, it must include a psychological evaluation of the parents and be accompanied by a professional translation. (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.

AUTHENTICATIONS: All documents above must be authenticated. Generally, U.S. civil records, such as birth, death, and marriage certificates must bear the seal of the issuing office. Then it must be authenticated by the state's Secretary of State in your state capital, then by the U.S. Department of State Office of Authentications and then by the Nigerien Embassy or Consulate in the United States. Check with the Haitian Consulate in the U.S. with jurisdiction over your state to see what seals and signatures the Consulate can authenticate. It may be possible to eliminate some of the steps if the Consulate has the seal of the local issuing authority on file.

Tax returns, medical reports and police clearances should likewise be authenticated, beginning with the seal of notary public in the United States or some appropriate issuing office. The county clerk where the notary is licensed or some similar authority should authenticate the notary's seal. The document should then be authenticated by the state Secretary of State (in your state capital), the U.S. Department of State Office of Authentications, and the Nigerien Embassy or Consulate.

For additional information about authentication procedures, please see the Judicial Assistance page of the Bureau of Consular Affairs Web site at http://travel.state.gov.

NIGER EMBASSY IN THE UNITED STATES:

2204 R. Street NW
Washington DC 20008 USA
Tel. (202) 483-4224
Fax. (202) 483-3169

Niger also has a mission to the United Nations in New York, NY, but its functions are limited to diplomatic matters.

Additional IMPORTANT local factors to consider:

HOME STUDY: For adoptions by perspective adoptive parents resident in Niger who plan to apply for an immigrant visa for an orphan (immigrant visa category IR-3 or IR-4), be certain that the home study performed to fulfill Nigerien requirements also meets the more rigorous requirements of U.S. Immigration Law

NIGER 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 a requirement of Niger adoption law, however, it has become a standard practice for adoptions in Niger arranged by a French adoption agency. In practice, Nigerien authorities have accepted a letter promising to follow up from the social service agency with jurisdiction over the prospective parents' place of residence in the

U.S. 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 entitled only to a single-sheet temporary passport as a one-time travel document. The Niger 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, including Americans. Using the Niger 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.

DOCTORS: The U.S. Embassy in Niamey maintains lists of doctors and sources of medicine should either you or your child experience health problems while in Niger.

U.S. EMBASSY (CONSULATE) IN NIGER:

Rue des Ambassades, BP 11201
Niamey, Niger,
Tel. (227) 72-26-61
Fax. (227) 73-31-67

U.S. IMMIGRATION REQUIREMENTS

A Nigerien child adopted by a U.S. citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. The child must be an orphan, as defined by U.S. immigration regulations. Children who do not qualify under this definition may not immigrate to the U.S. as an orphan even if legally adopted by a U.S. citizen. There are two distinct categories of immigrant visas available to orphans adopted by U.S. citizens. The two categories are Immediate Relative-3 (IR-3) and IR-4. An IR-3 is issued when a child is adopted under the laws of a foreign country. An IR-4 is issued when a child will be adopted in the United States (American parents have custody of a child to take him or her to the United States to be adopted in the United States). An IR-4 is also issued when state pre-adoption requirements require that a child be adopted in that state or if both parents have not seen the child. The Department of State encourages U.S. citizens to verify that a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption.

An Orphan. If an adopted child has not resided with and been in the legal custody of the adoptive parent for at least two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

The child must be under the age of 16 at the time an I-600 Petition is filed with the INS on his or her behalf

The child meets the U.S. immigration law definition of "orphan" either because:

(a) The child has no parents because of the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents**; or

(b) The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption

The adopting parents must have completed a full and final adoption of the child (for IR-3) or must have legal custody of the child to take the child to the United States for emigration and adoption (for IR-4).

**Prospective adopting parents should note that the terms "disappearance of both parents," "abandonment by both parents," "desertion by both parents," "separation from both parents," and "loss from both parents" all have specific legal meanings defined in section 204.3(b) of Title 8 of the U.S. Code of Federal Regulations. Whether a child qualifies as an orphan under any of these categories is determined by reference to the U.S. regulatory definitions and not by any local (foreign) law designations that may be used to identify a child as orphaned.

The adopting parent(s) must meet the following INS requirements in order to file the I-600 petition for the immigrant visa for an adopted child:

If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;
If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;
The adoptive or prospective adoptive parent must be a U.S. citizen.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

The Petition

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Immigration and Naturalization Service (INS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Immigration and Naturalization Service (INS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who obtains an approved I-600A may file an I-600 in person at the U.S. Embassy in Niamey.

Documentary Requirements for the I-600A

Approved Form I-600A (Application for Advance Processing of Orphan Petition),

Fingerprints of each prospective adoptive parent on Form FD-258,

Proof of the prospective petitioner's United States citizenship,

Proof of the marriage of the prospective petitioner and spouse, if applicable,

Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable,

A "home study" completed by the appropriate State organization with a favorable recommendation ,

Filing fee of U.S. $460.

The I-600 is filed at the U.S. Embassy in Niamey, Niger, after an adoptive parent has legal custody of a child. If an I-600A has already been approved, there is no fee. However, if parents are adopting two or more biologically unrelated children, there will be a $460 fee for the second child.

Documentary Requirements for the I-600

Form I-600, Petition to Classify Orphan as an Immediate Relative,

Proof of the orphan's age,

Death certificate(s) of the orphan's parent(s), if applicable,

Proof that the orphan's sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan only has one parent,

A final decree of adoption, if the orphan has been adopted abroad,

Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage,

Proof that the pre-adoption requirements, if any, of the state of the orphan's proposed residence have been met, if the orphan is to be adopted in the United States.

Detailed information about filing these forms can be found on the INS web site at http://www.ins.usdoj.gov. U.S. citizens who have adopted or hope to adopt a child from Niger should request, at the time they file these forms, that INS notify the U.S. Embassy in Niamey as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the adopting parent(s) and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an INS office in the U.S.

The Orphan Investigation

One part of the petition process which INS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by U.S. immigration law. A consular officer at the U.S. Embassy in Naimey will conduct this investigation at the time of the immigrant visa interview.

NATURALIZATION: Under the Child Citizenship Act of 2000, which became effective on February 27, 2001, children automatically become U.S. citizens when all of the following requirements have been met: at least one parent is a U.S. citizen; the child is under 18 years of age; there is a full and final adoption of the child; and, the child is admitted to the United States as an immigrant. A foreign-born child who enters the United States on an Immediate Relative (IR)-3 visa, automatically becomes a U.S. citizen. A foreign-born child who enters the United States on an IR-4 visa and is adopted in a U.S. court, will become a U.S. citizen when the adoption is finalized in the United States (the child will be a legal permanent resident until then). For further information, please consult with the consular section at the U. S. Embassy in Niamey or the nearest office of the Immigration and Naturalization Service. Additional information is available at http://travel.state.gov/childcitfaq.html

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult INS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Niger may be addressed to the Consular Section of the U.S. Embassy or Consulate in Niger. Parents may also contact the Office of Children's Issues, U.S. Department of State, CA/OCS/CI, Washington, DC 20520-4818, Tel: (202)-312-9700 with specific questions.

Information is also available from several sources:

Telephone

Office of Children's Issues - recorded information regarding changes in adoption procedures and general information, (202) 312-9700.

State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225.

Immigration and Naturalization Service - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet

The Consular Affairs web site, at http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

INS web site - http://www.ins.usdoj.gov

Other Information

Consular Information Sheets - The State Department has general information about hiring a foreign attorney and authenticating documents which may supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets (CIS's) 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 CIS for that country, the State Department may issue a Public Announcement 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 at (202) 647-5225. The recording are updated as new information becomes available, and are also accessible through the automated fax machine and the Internet web site, as above.

Call Center -toll free hotline: Overseas Citizens Services in the Bureau of Consular Affairs (CA/OCS) has established a toll free hotline for the general public 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 calls from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328. Persons seeking information or assistance outside of these hours, including weekends or holidays should call 1-202-647-5225.

© July 2002