wikileaks congo

WikiLeaks

Shop Donate Submit


Leaks
 News
 About
 Partners










Facebook
Twitter



WikiLeaks

Press release

About PlusD


Browse by creation date
1966 1972 1973 1974 1975 1976 1977 1978 1979 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Browse by Classification

UNCLASSIFIED

CONFIDENTIAL

LIMITED OFFICIAL USE

SECRET

UNCLASSIFIED//FOR OFFICIAL USE ONLY

CONFIDENTIAL//NOFORN

SECRET//NOFORN


Browse by Handling Restriction

EXDIS - Exclusive Distribution Only

ONLY - Eyes Only

LIMDIS - Limited Distribution Only

NODIS - No Distribution (other than to persons indicated)

STADIS - State Distribution Only

CHEROKEE - Limited to senior officials

NOFORN - No Foreign Distribution

LOU - Limited Official Use

SENSITIVE -

BU - Background Use Only

CONDIS - Controlled Distribution

US - US Government Only


Browse by TAGS
US PFOR PGOV PREL ETRD UR OVIP ASEC OGEN CASC PINT EFIN BEXP OEXC EAID CVIS OTRA ENRG OCON ECON NATO PINS GE JA UK IS MARR PARM UN EG FR PHUM SREF EAIR MASS APER SNAR PINR EAGR PDIP AORG PORG MX TU ELAB IN CA SCUL CH IR IT XF GW EINV TH TECH SENV OREP KS EGEN PEPR MILI SHUM KISSINGER, HENRY A PL BR RP GR SF AFSP SP PTER MOPS SA UNGA CGEN ESTC SOPN RO LE TGEN PK AR NI OSCI CI EEC VS YO AFIN OECD SY IZ ID VE TPHY TW AS PBOR

Media Organizations

Australia - The Age

Argentina - Pagina 12

Brazil - Publica

Bulgaria - Bivol

Egypt - Al Masry Al Youm

Greece - Ta Nea

Guatemala - Plaza Publica

Haiti - Haiti Liberte

India - The Hindu

Italy - L'Espresso

Italy - La Repubblica

Lebanon - Al Akhbar

Mexico - La Jornada

Spain - Publico

Sweden - Aftonbladet

UK - AP

US - The Nation








Specified Search View Map Make Timegraph View Tags Image Library



CONGO-KINSHASA INTERNATIONAL ADOPTION INFORMATION

Date:

2004 September 24, 14:19 (Friday)

Canonical ID:

04KINSHASA1796_a


Original Classification:

UNCLASSIFIED

Current Classification:

UNCLASSIFIED


Handling Restrictions

-- Not Assigned --


Character Count:

5932


Executive Order:

-- Not Assigned --

Locator:

TEXT ONLINE


TAGS:

CG - Congo (Kinshasa) | CVIS - Consular Affairs--Visas | KOCI - Children''s Issues

Concepts:

-- Not Assigned --


Enclosure:

-- Not Assigned --

Type:

TE - Telegram (cable)


Office Origin:

-- N/A or Blank --


Office Action:

-- N/A or Blank --

Archive Status:

-- Not Assigned --


From:

Democratic Republic of the Congo Kinshasa

Markings:

-- Not Assigned --


To:

-- N/A or Blank --






Content

Raw content

Metadata

Print

Share




Show Headers

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














































Help Expand The Public Library of US Diplomacy

Your role is important:
 WikiLeaks maintains its robust independence through your contributions.


Use your credit card to send donations

The Freedom of the Press Foundation is tax deductible in the U.S.

Donate to WikiLeaks via the
Freedom of the Press Foundation

For other ways to donate please see https://shop.wikileaks.org/donate







Tweet



























Top




WL Research Community - user contributed research based on documents published by WikiLeaks.







Tor is an encrypted anonymising network that makes it harder to intercept internet communications, or see where communications are coming from or going to.







Tails is a live operating system, that you can start on almost any computer from a DVD, USB stick, or SD card. It aims at preserving your privacy and anonymity.







The Courage Foundation is an international organisation that supports those who risk life or liberty to make significant contributions to the historical record.







Bitcoin uses peer-to-peer technology to operate with no central authority or banks; managing transactions and the issuing of bitcoins is carried out collectively by the network.


Facebook
 Twitter