Consular Section

INTERCOUNTRY ADOPTION – MOZAMBIQUE

January 2007

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. 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:  Prospective adoptive parents (PAPs) must be legal residents of Mozambique and be present in the country for the duration of the adoption process.  Married PAPs must have been married for ten years prior to the initiation of the adoption process.

The Government of Mozambique requires a six month integration period after a prospective child is placed in the home and before the adoption can be finalized by the court.  The government officially requires post-adoption monitoring until the child reaches 21 years.  This requirement may be waived.  However, if it is believed that the child will be adopted and immediately taken out of Mozambique, the courts may block an intercountry adoption.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics show that only 8 orphan visas have been issued to Mozambican orphans in the past five years.

ADOPTION AUTHORITY IN MOZAMBIQUE:  The adoption authority for Mozambique is the Social Services National Directorate (Direcção Nacional da Acçao Social), which falls under the Ministry of Women and Social Action.  Adoption information may be requested from this office by postal mail, international courier or phone using the following contact information:  Rua de Tchamba nr. 86, Direcção Nacional de Acção Social, Departamento da Crianca (Social Services National Directorate, Children’s Department, tel: +258 21 49 7901/3.  Ms. Francisca Sales is the director of the Social Services National Directorate at the federal level. 

Municipal authorities oversee adoptions within their respective geographic areas of jurisdiction.  American citizens wishing to adopt in Maputo should contact Ana Conwana, the head of the Maputo City’s Social Service National Directorate office at  (258) 21 306 846.  Numbers for offices in other provinces can be obtained by contacting the national directorate at +258 21 49 7901/3.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Prospective adoptive parents must have legal residency in Mozambique and must have been married for ten years prior to the initiation of the adoption process.  Single people are eligible to adopt.  In addition, prospective adoptive parents must undergo a home study evaluation by Mozambican social and health workers, and must be certified “approvable for adoption.”  Gay and lesbian couples cannot officially be approved for adoption. 

RESIDENCY REQUIREMENTS:  Mozambican law requires that prospective adoptive parents have legal residency in the country in order to be eligible to adopt.  As such, the adoptive couple must be physically present in Mozambique for the duration of the adoption process.

TIME FRAME:  The adoption process in Mozambique takes approximately 6 to 9 months.  U.S. immigrant visa petitions for adopted minors are forwarded to the U.S. Consulate in Johannesburg for adjudication.

ADOPTION AGENCIES AND ATTORNEYS:  As American citizens interested in adopting must be legal residents of Mozambique, agencies in the United States do not usually play a role in the adoption process.  The U.S. Embassy maintains a list of attorneys.  However, generally speaking, the services of a private attorney in Mozambique are not required for the adoption process.

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/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.

Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES IN MOZAMBIQUE:  There is a court fee of approximately $50, in addition to minor fees for forms and documents.  Adoptive parents will also be responsible for acquiring official translations of both English- and Portuguese-language documents.

ADOPTION PROCEDURES:  The first step in the adoption process is submission of a formal adoption request to the Social Services Directorate in the appropriate governing municipality.  Together with the initial application, prospective parents should submit a certified true copy of their marriage certificate (translated into Portuguese), and photocopies of passports and Mozambican residency permits (known as a “DIRE”).  Other supporting documents and required forms may be obtained from the Social Services office and the City Health Directorate.  The Social Services Directorate will then begin a lengthy investigation of the prospective parents’ lifestyle, economic means, mental and physical health, and other details associated with a home study evaluation.  During this time, the process of identifying a child for adoption – through an orphanage, for example – is also initiated.

As a final step, the Social Services Directorate will pass on the parents’ petition for adoption to the Juvenile Court (Tribunal de Menores).  If the court grants the order of adoption, a certificate of approval will be issued officially endorsing the adoption.  The adoptive parent may then begin the process of registration, name change, application for new identity and nationality documents, etc.

DOCUMENTS REQUIRED FOR ADOPTION IN MOZAMBIQUE:  Prospective adoptive parents should be prepared to submit certified copies of their marriage certificate, Mozambican residency cards, passports (all with official translations, if required), along with bank statements and health certificates. 

As Mozambique is not a signatory of the Hague Convention on Intercountry Adoption, the government does not currently require that the countries of nationality of prospective adoptive parents be members of the Convention.  The “New Family Law,” which was adopted in October 2004 and took affect in 2005 eliminated the confusing and undefined distinction between a “plain” and “restrict” adoption, making all adoptions simply “adoption” or final adoptions.  Other changes to adoption laws in Mozambique with respect to international adoptions are under consideration.  Mozambican law does not make any distinction between intercountry adoption and domestic adoption.  This may mean that those foreigners will be expected to meet the same pre and post-adoption monitoring requirements as a Mozambican family, which may become an obstacle if the court decides the child cannot be monitored outside of Mozambique.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  For additional information on authenticating U.S. Documents to be used abroad, please click here.

MOZAMBIQUE EMBASSY IN THE US:
Embassy of the Republic of Mozambique
1990 M Street, N.W.
Suite 570
Washington, D.C.  20036
Tel: (202) 293-7146/9
Email: embamoc@aol.com

U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.  The USCIS publication is available at the USCIS web site. The Department of State publication International Adoptions can be found on the Bureau of Consular Affairs web site, travel.state.gov, under “intercountry adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.

U.S. EMBASSY IN MOZAMBIQUE: 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:

U.S. Embassy
Avenida Kenneth Kaunda, 193
Maputo, Mozambique
Tel: (258) 21 49 2797
Fax: (258) 21 49 0448
ConsularMaputo@state.gov
http://maputo.usembassy.gov

APPLYING FOR A VISA AT THE U.S. CONSULATE IN JOHANNESBURG:  If an orphan has been identified for adoption, the prospective adoptive parent(s) may file the Form I-600 orphan petition at the Consulate.  Generally, the following additional supporting documents are required:

1. The orphan's Mozambican birth certificate showing the biological parent(s)’s name; also, a new full birth certificate is required showing the new adoptive parents' names;

2. Evidence that the child is an orphan, e.g. death certificate(s) of the orphan's parent(s), if applicable; or evidence that the orphan's sole or surviving parent cannot provide for the orphan's care and has, in writing, forever, and irrevocably released the orphan for emigration and adoption; or evidence that the orphan has been abandoned or deserted by, separated, or lost from both parents; or evidence that the orphan has been unconditionally abandoned to an orphanage.

3. A final decree of adoption that must reflect that both spouses (prospective adoptive parents) were parties to the adoption;

4. Evidence of compliance with all relevant Mozambican regulations; and

5. Report of the child's medical condition from a panel physician

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.

ACQUIRING U.S. CITIZENSHIP:  For information on how an adopted child acquires U.S. citizenship, please click here.

ADDITIONAL INFORMATION:  General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:

• Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services 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 calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.

• U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.

• U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

• Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.

• Consular Information Sheets: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Consular Information Sheets (CISs) 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 Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.

• USCIS web site - http://uscis.gov/.