Passports USA.com

Department of State Logo and United State Flag
Latest Islamic Terrorist Threats Contact Us text

INTERCOUNTRY ADOPTION


BURUNDI

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: All immigrant visas for children from Burundi are issued in Nairobi, Kenya where the Regional Center is located.

Prospective adoptive parents are advised to fully research 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 licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: The following is a guideline for U.S. citizens who are interested in adopting a child in Burundi and applying for an immigrant visa for the child to come to the United States. This process involves complex Burundian 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 U.S. consular officials in Burundi before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy (Consulate) to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

FY-1996: IR-3 immigrant visas issued to Burundian orphans adopted abroad - 0
IR-4 immigrant visas issued to Burundian orphans adopted in the U.S. - 0
FY-1997: IR-3 visas - 0, IR-4 visas - 0
FY-1998: IR-3 visas - 0, IR-4 visas - 0
FY-1999: IR-3 visas - 1, IR-4 visas - 0
FY-2000: IR-3 visas - 0, IR-4 visas - 0

BURUNDIAN ADOPTION AUTHORITY: The government offices responsible for adoptions in Burundi are the Ministry of Social Action and the Ministry of Justice.

BURUNDIAN ADOPTION PROCEDURES: In cases of foreign adoption, the same guarantees and norms for a national adoption are required. The authorities must be assured that a foreign adoption will not generate a material profit for the responsible parties.
1) Prospective parents must be found willing, qualified and apt to adopt by Central Authority in their resident country, after home study.
2) Report must be submitted to the Central Burundian Authorities.
3) Adoptive child must be found qualified for international adoption according to Burundian Adoption Laws. (Child must be an orphan of less than 15 years of age and living with prospective parents for at least 6 months)
4) Burundian Authorities establish their own report on the child's situation and background to:
Decide if International Adoption proves in best interest of child by Burundian law.
Verify that adoption consent is given freely and legally by persons authorized to approve the adoption.
Verify that the natural mother's consent to give up child, if required, was given after the birth of the adoptive child.
Verify that, with respect to age and maturity, the adoptive child is fully informed of consequences of adoption and that child's will is taken into consideration
5) Burundian Authorities submits the report back to the Central authority in prospective country of residence.
6) Child must be authorized to accompany parents and live permanently in their resident country.
7) International Adoptions can only take place if resident country of adoptive parents have signed the 29 May Hague Convention.

AGE AND CIVIL STATUS REQUIREMENTS: Requirements for the prospective adoptive parents:
Prospective Parents must have been married and living together for at least the past five years.
Both must be at least thirty years of age (this age requirement is not compulsory when adopting the child of a spouse).
Both parties must be willing to adopt, as well as, any adult children of the prospective parents, unless one of the parties is unable to demonstrate his/ her will to do so.
Prospective Parents must be a minimum of fifteen years older than the age of the child to be adopted. However, a waiver can be obtained from the Tribunal.
Prospective Parents must have moral qualities and material resources necessary to support the child.

ADOPTION AGENCIES AND ATTORNEYS: There are no adoption agencies in Burundi; the Ministry of Social Action handles adoption requests and some of the non-governmental organizations can recommend cases to the Central Authority. The following is a list of attorneys; the United States Embassy assumes no responsibility or guarantee for the professional ability and integrity of the persons and firms whose names appear below:

Laurent Nzeyimana
Rue de l''Industrie
#28 B.P. 2583
Tel: 22-68-46

Onésime Kabayabaya & Avite Kabayabaya
18 September Ave.
#10 1st Floor
B.P. 6834
Tel: 21-74-37

Francois Nyamoya
18 September Ave. #30
B.P. 2085
Tel: 22-20-96

Richard Ndikumana
University Ave.
B.P. 1225
Tel: 22-29-80

DOCTORS: The U.S. Embassy (Consulate) maintains current lists of doctors and sources for medicines, should either you or your child experience health problems while in Burundi.

BURUNDI DOCUMENTARY REQUIREMENTS: The following documents must be attached to an International Adoption request:

  • The approved and official statutes of the Ministry of Social Action, through which the adoption will take place.
  • An attestation of the adoptive child/ children's family situation.
  • An attestation of acceptance from the prospective family guaranteeing their support of the adoptive child.
  • A family file including:
    • Marriage, Birth and Judicial/ Police Ceritficates
    • Attestations of good behavior, of family composition, and of family notoriety from the family counsel.
    • Family file
    • Financial/ income Declaration
    • Psychological Report on prospective family
    • Travel documents for the adoptive child

The above documents need authentication; the process is as follows: 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 Authentication's office and then by the Burundian Embassy or Consulate in the United States. Check with the Burundian 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.

U.S. IMMIGRATION REQUIREMENTS

A Burundian child adopted by an American citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) having jurisdiction over their place of residence in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Nairobi, Kenya. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Burundi for more information.

An Orphan. If an adopted child has not resided with the adoptive parent for 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 adoptive or prospective adoptive parent must be an American citizen;
  • The child must be under the age of 161 at the time an I-600 Petition is filed with the BCIS on his or her behalf;
  • 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 child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by BCIS can be found on BCIS's web site at http://www.uscis.gov.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. 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. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) 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 Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) 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 has an approved I-600A may file an I-600 in person at the U.S. Embassy in Burundi .

Detailed information about filing these forms can be found on BCIS's web site at http://www.uscis.gov. Americans who have adopted or hope to adopt a child from Burundi should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Nairobi, Kenya as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents 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 BCIS office in the US.

II. The Orphan Investigation

One part of the petition process that BCIS 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 US immigration law. This investigation is performed by a consular officer at the time of the child's immigrant visa interview.

BURUNDIAN EMBASSY IN THE UNITED STATES:
Burundian Embassy
2233 Wisconsin Ave., NW, Suite 212
Washington, DC 20007
Tel: 202-342-2574
202-749-0885
Fax: 202-342-2578
Burundi also has a Consulate in New York.

U.S. EMBASSY IN BURUNDI:
Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, 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. The Consular Section is located at:

Bujumbura, Burundi
B.P. 1720
Ave des Etats-Unis
Tel: 257-22-3454
Fax: 257-22-2926

Note: Visa issuance after the final interview now generally takes 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS 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 Burundi may be addressed to the Consular Section of the U.S. Embassy or Consulate in Bujumbura. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, Tel: 1-888-407-4747 with specific questions.

Information is also available 24 hours a day from several sources:

Telephone - Office of Children's Issues - recorded information regarding changes in adoption procedures and general information, 1-888-407-4747.- State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225.- Bureau of Citizenship and Immigration Services in the Department of Homeland Security - 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.

BCIS web site - http://www.uscis.gov

Other information:
Consular Information Sheets - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the internet web site, as above.