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- 1. PER REFTEL, POST PROVIDES THE FOLLOWING INFORMATION ON
- ADOPTION IN THE DEMOCRATIC REPUBLIC OF THE CONGO (DRC).
- RESPONSES ARE KEYED TO LETTERED QUESTIONS IN PARAGRAPH 6 OF
- REFTEL.
- A. THE MINISTRY OF JUSTICE IS THE GOVERNMENT AUTHORITY FOR
- ADOPTION MATTERS IN CONGO-KINSHASA. WHILE THERE IS NO
- SPECIFIC BRANCH WITHIN THE MINISTRY THAT HANDLES THIS
- SUBJECT, ALL ADOPTIONS ARE PROCESSED THROUGH COMPETENT
- COURTS THAT ARE UNDER THE AUTHORITY OF THE MINISTRY OF
- JUSTICE. THERE IS NO SINGLE PERMANENT PUBLIC CONTACT AT THE
- MINISTRY. PROSPECTIVE ADOPTING PARENTS SHOULD CONTACT THE
- COURT HAVING JURISDICTION OVER THE PLACE OF RESIDENCE OF THE
- ADOPTEE.
- B. ADOPTING PARENTS MAY BE MARRIED COUPLES, SINGLE PERSONS,
- WIDOWS OR WIDOWERS OR DIVORCEES. SINGLE PESONS, WIDOWS OR
- WIDOWERS AND DIVORCEES MAY NOT ADOPT A CHILD OF THE OPPOSITE
- SEX UNLESS THE COURT GRANTS AN EXEMPTION. COUPLES SHOULD
- HAVE BEEN MARRIED FOR AT LEAST FIVE YEARS AND BE AT LEAST 15
- YEARS OLDER THAN THE INTENDED ADOPTEE. THIS "15-YEAR RULE"
- MAY BE WAIVED IF THE ADOPTEE IS A NATURAL CHILD OF ONE OF
- THE PARENTS. ANY PERSON WHO HAS A PRIOR HISTORY OF CHILD
- ABUSE IS NOT PERMITTED TO ADOPT. THERE IS NO AGE LIMIT FOR
- ADOPTING PARENTS. NO COUPLE MAY ADOPT MORE THAN THREE
- CHILDREN UNLESS A SUBSEQUENT PROSPECTIVE ADOPTEE IS THE
- BIOLOGICAL CHILD OF ONE OF THE PARENTS. NO ADOPTIVE PARENT
- MAY MARRY THE ADOPTED CHILD. THERE IS NO MEDICAL
- INELIGIBILITY GROUNDS FOR ADOPTIVE PARENTS.
- C. PROSPECTIVE ADOPTIVE PARENTS NEED NOT BE PERMANENT OR
- LONG-TERM RESIDENTS OF THE DRC.
- D. IT CAN TAKE FROM A MINIMUM OF THREE MONTHS TO A MAXIMUM
- ONE YEAR TO COMPLETE THE ADOPTION PROCESS FROM CHILD
- MATCHING TO VISA ISSUANCE.
- E. THERE ARE NO ADOPTION AGENCIES IN DRC. HOWEVER,
- ORPHANAGES MUST BE LISENCED OR ACCREDITED BY THE GOVERNMENT.
- IT IS CUSTOMARY AND ACCEPTED PRACTICE TO ENGAGE CONGOLESE
- LAWYERS TO CARRY OUT ADOPTION PROCEEDINGS. LAWYERS ARE
- AUTOMATICALLY ACCREDITED BY THE GOVERNMENT BY VIRTUE OF
- THEIR PROFESSIONAL TRAINING.
- F. COURTS FEES FOR AN ADOPTION CASE AVEERAGE BETWEEN $100
- AND $300. LAWYERS FEES CAN RANGE FROM $1,000 TO $2,500.
- FEES CAN BE KEPT TO A MINIMUM IF, PRIOR TO THE FIRST
- CONSULATION, ADOPTING PARENTS SECURE ANY REQUIRED DOCUMENTS
- SUCH AS BIRTH, DEATH, MARRIAGE AND RELEVENT COURT RECORDS.
- G. THERE IS A KEY LEGAL DIFFERENCE BETWEEN CONGOLESE AND
- AMERICAN OR OTHER WESTERN ADOPTION. WHILE ADOPTION EXISTS
- AND IS LEGAL IN CONGO, THE LAW ALSO PROTECTS THE LINK TO THE
- BIOLOGICAL FAMILY. THEREFORE, NO ADOPTION IS EVER CONSIDERED
- A COMPLETE SEVERANCE FROM THE BIOLOGICAL FAMILY. THE ROOTS
- OF THIS UNIQUE CHARACTER OF THE LAW STEM FROM THE FACT THAT
- MOST LOCAL ADOPTIONS RESULT FROM POOR FINANCIAL
- CIRCUMSTANCES WITHIN A FAMILY AND NOT NECESSARILY THE TRUE
- ORPHAN STATUS OF A CHILD. THIS UNIQUE PROTECTION, HOWEVER,
- DOES NOT INTERFERE WITH ADOPTION PROCEDURES NOR DOES IT
- RENDER LEGAL ADOPTIONS IN DRC INVALID FOR U.S. VISA
- ISSUANCE. THERE ARE NO LAWS PROHIBITING FOREIGN NATIONALS
- FROM ADOPTING CONGOLESE CHILDREN. THE ADOPTION PROCESS IN
- DRC HAS THREE STEPS:
- - STEP ONE: OBTAINING CONSENT.
- THE COURT WILL REQUIRE CONSENT TO THE ADOPTION BE SETTLED
- BEFORE GRANTING A JUDGMENT. BIOLOGICAL PARENTS, OR OTHER
- FAMILY MEMBERS IF ONE OR BOTH PARENTS ARE DECEASED, MUST
- GIVE THEIR CONSENT. IF NO FAMILY MEMBERS ARE IDENTIFIED,
- THE COURT WILL STEP IN TO DETERMINE CONSENT. ANY CHILD OVER
- THE AGE OF 15 MUST GIVE HIS OR HER OWN CONSENT.
- - STEP TWO: THE HEARING.
- AFTER OBTAINING THE PROPER CONSENT, THE PROSPECTIVE ADOPTING
- PARENTS REQUEST A HEARING IN OPEN COURT. ALONG WITH THE
- REQUEST FOR HEARING, THE ADOPTING PARENTS MUST SUBMIT COPIES
- OF THEIR BIRTH CERTIFICATES AND THE BIRTH CERTIFICATE OF THE
- PROSPECTIVE ADOPTEE. THE COURT WILL REQUIRE PROOF THAT ANY
- AND ALL INTERESTED FAMILY MEMBERS HAVE BEEN INFORMED OF THE
- ADOPTION AND HAVE RECEIVED NOTICE OF THE COURT HEARING. THE
- ADOPTING PARENTS AND PROSPECTIVE ADOPTED CHILD (IF OVER AGE
- 10) MUST APPEAR PERSONALLY IN COURT BEFORE THE JUDGE. OTHER
- INTERESTED PARTIES MAY ATTEND OR SUBMIT DOCUMENTS TO THE
- COURT. AFTER THE INITIAL HEARING, THE COURT CONDUCTS AN
- INVESTIGATION TO DETERMINE THAT ALL CONDITIONS HAVE BEEN MET
- AND THAT ALL DOCUMENTS SUBMITTED ARE LEGITIMATE.
- - STEP THREE: THE JUDGEMENT.
- ONCE THE INVESTIGATION IS COMPLETED AND ALL REQUIREMENTS
- HAVE BEEN SATISFIED, THE COURT WILL ISSUE A JUDGMENT OF
- ADOPTION. THE DATE OF THE ADOPTION WILL BE THE DATE OF THE
- FIRST COURT APPEARANCE. THE ADOPTED CHILD'S NAME ON THE
- JUDGMENT WILL INCORPORATE HIS/HER ORIGINAL NAME ALONG WITH
- THE NEWLY ADOPTED FAMILY NAME. A CHILD UNDER AGE 18 WILL
- TAKE THE NATIONALITY OF THE ADOPTING PARENTS. INDIVIDUALS
- OVER 18 ARE FREE TO CHOOSE WHICH NATIONALITY THEY WILL TAKE.
- THE ADOPTING PARENTS MUST REGISTER THE JUDGMENT AT THEIR
- LOCAL CITY HALL OR MAGISTRATE WITHIN ONE MONTH OR THE
- ADOPTION IS NULL AND VOID.
- H. THE ADOPTING PARENTS MUST SUBMIT COPIES OF THEIR OWN
- BIRTH CERTIFICATES, THE BIRTH CERTIFICATE OF THE PROSPECTIVE
- ADOPTEE, POLICE CERTIFICATES AND ATTESTATIONS OF GOOD
- CONDUCT FROM THEIR CITY HALL OR LOCAL EMBASSY OR CONSULATE
- IF NOT CONGOLESE.
- 2. THE DRC PERMITS INTERNATIONAL ADOPTION TO ALL COUNTRIES.
- 3. CONCLUSION: ADOPTIVE PARENTS APPLYING FOR VISAS FOR
- CHILDREN ADOPTED FROM CONGO SHOULD BE SURE TO PRESENT THE
- FOLLOWING THREE DOCUMENTS TO THE CONSULAR OFFICER: THE
- JUDGMENT OF ADOPTION; CERTIFICATE OF NO APPEAL; AND PROOF
- THAT THE ADOPTION JUDGMENT WAS REGISTERED IN THE "COMMUNE"
- (CITY HALL) WITH THE JURISDICTION OVER THE CHILD. NOTE:
- CERTIFICATES OF "GUARDIANSHIP," OFTEN USED IN CONGO, DO NOT
- CONSTITUTE A LEGAL ADOPTION.
- MEECE
- Source: wikileaks code 04KINSHASA1796_a
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