Congo
May 23, 2007
Prospective parents interested in adopting a child from the DRC will have to meet eligibility requirements and understand that they will be doing most of the work themselves. The DRC does not have adoption agencies with in the country or working along side the country. All adoptions take place through the Ministry of Justice and through the Tribunal de Paix in the region where the child resides.
Parental Requirements:
Prospective parents may be single, married, divorced or widowed. Unmarried persons may only adopt a child of the same sex. The DRC prefers that couples be married for five years prior to adopting a child and be at minimum 15 years older than the child they wish to adopt. Persons with any history of child abuse or neglect may not adopt a child from the Congo. Prospective parent may have children in the home already but not more that two. Prospective parent need not to have lived in the DRC or be residents.
Children Available:
There are children of all ages that have been orphaned and reside in Congolese orphanges where they receive basic care.
Prospective parents will work with an attorney and an accredited Congolese orphanage. It is customary for Congolese lawyers to carry out all adoption proceedings. Accredited lawyers may be found through the U.S. Embassy in Kinshasa.
To begin an adoption in the DRC prospective parents must give a letter to the Tribunal de Paix in the region where the child resides. The DRC does not have postal services. As a result letters must be hand delivered either by prospective parents or through a trusted courier. Prospective parents may choose a child through an orphanage.
Through attorneys the court will establish that they have been given full consent for the child to be adopted because either both parents are deceased or they have relinquished their parental rights. In some cases family member can not be identified for the child. In this case, the court will determine consent. If a child is over the age of 15 years old then he or she will give consent for himself. A child older than the age of 16 may not be adopted into the United Sates unless they are a part of a sibling group. A hearing will occur after all consent for the adoption has been given. The hearing will be in the Tribunal de Paix in the region where the prospective adoptive child resides. At this time paper work, similar to that in a dossier, is submitted to the court. An Congolese attorney will advise the prospective parents as to what documents are needed at this hearing. Prospective parents must attend this hearing in person. Following this hearing an investigation is ordered to make certain that all conditions for final adoption have been met. Prospective parents may wait in the DRC during this time or return to their home country to wait.
Once this entire process is completed the judge issues an adoption decree. The adoption becomes retroactive to the date of the first hearing. Parents must now register with the local magistrate or else the adoption is void. Parents have on month to register. Prior to reaching this step prospective parents need to have consulted the immigration requirements of the country they will be residing in to establish pre-approval and consent for a visa for the child.
