Nigeria Adoption Story Showcases the Visa Strong-Arming Adoption Issue UPDATED

Nigeria was the 10th most sending country to the US in FY2010 with 189 children placed, up from 110 in FY2009. It has quadrupled since the 2003 adoption law passage detailed in this 39-page pdf.

The Department of State says this about eligibility to adopt from Nigeria (red emphasis Rally) :

To bring an adopted child to United States from Nigeria, you must be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). In addition to these U.S. requirements for prospective adoptive parents, Nigeria also has the following eligibility requirements for prospective adoptive parents:

• RESIDENCY REQUIREMENTS: Nigerian law requires that a parent-child relationship be established before the court decision can be considered final. Each state determines the length of time it takes to establish the parent-child relationship.
• AGE REQUIREMENTS: In Abia, Akwa-Ibom, Anambra, Bayelsa, Cross River, Ebonyi, Enugu, Imo and Rivers, prospective adoptive parents must be at least 25 years of age and 21 years older than the child. For married couples, at least one parent must meet the age requirements.
• MARRIAGE REQUIREMENTS: Both single individuals and married couples may adopt. Note that a single person will not be allowed to adopt a child of the opposite sex, except in extraordinary circumstances. In most states, married couples must adopt jointly.
• INCOME REQUIREMENTS: Nigeria does not have any income requirements for intercountry adoptions.
• NIGERIAN HERITAGE: While the law is inconsistently applied among different Nigerian states, Nigerian law says that non-Nigerians may not adopt in Nigeria.

Nigeria is not party to the Hague regulations.

“Somewhere between the story of how the family ran out of money in Nigeria and when the congressman in the living room started talking about the finer points of the international adoption market, little Joseph Craig nodded off.”  Excuse me, the story is already hard to stomach.

They ran out of money while in Nigeria adopting a 13-month old? And then the knight in shining armor, a US congressman, strode in to save the day?  Uh, huh. Nothing suspicious here. Just move along…

“That journey included two trips to Africa, piles of paperwork, navigating the sometimes frustrating bureaucracy of the Nigerian government and the United States Consulate, not to mention the anxiety of knowing that the future of their family rested on decisions made by people they never met.”

Oh here comes the red tape/bureaucracy excuse again….

“But the Craigs also were fortunate to have a connection with U.S. Rep. Bruce Braley, D-Iowa, whose son, Paul, is friends with Kayla’s brother, Nathan, in Waterloo.

Braley’s office helped the Craigs in their effort to bring Joseph to the United States and adopt him as their son.

“International adoptions are always complicated because not only are you dealing with international treaties, but you’re dealing with the domestic law of the country, and there are legitimate concerns of the problem of child trafficking,” said Braley, who traveled Monday to the Craigs’ Des Moines home to give Joseph a flag that was flown in his honor over the United States Capitol on Sept. 9.

“Embassies are appropriately concerned to make sure the domestic law has been followed so there are no questions later on about the legitimacy of the adoption,” Braley said.

That’s what happened in the case of Joseph.

Essentially, Jonathan explained, the Nigerian government signed off on the adoption, but the U.S. Consulate wasn’t quite satisfied that everything was followed to the letter of the law.”

And now the downplaying of meeting the definition of an orphan because the Nigerian government signed off on it. And the WRONGLY implied notion that if you are able to obtain a visa, then everything was ethical and there would be “no questions later on about the legitimacy of the adoption”? I guess you never have heard of Vietnam, Guatemala and Nepal.

““We fought for him like any parents would for their child,”Kayla said.”

Possession is nine-tenths of the law, I guess.  And it is not a “fight” but an attempt to verify the story that clearly didn’t initially contain all the obvious proof of meeting orphan status.

“There’s still some paperwork to be filled out before Joseph is fully-adopted and becomes a full U.S. citizen, but the Craigs said the biggest hurdles are behind them. ”

Adoption is not in the culture of Nigeria. They were granted guardianship and the child traveled on an IR-4 visa. The biggest hurdles are most definitely NOT behind them.

Braley visits family he helped with adoption
[Wuad City Times 9/26/11 by Mike Wiser]

Does ANYONE really believe that the Congressman did anything other than strongarm a visa for his constituent? I doubt that he went and investigated what was questionable. This type of process circumvention is neither helpful for this child or future adoptions. But hey, they got their baby…

Stay tuned this week for more about red flags in adoption and considerations on what to do if you suspect that your child was trafficked.

REFORM Talk’s previous Nigerian trafficking story.

REFORM Puzzle Pieces

Update: DOS issues a notice on January 29, 2013 warning agencies and PAPs about how several regons do not recognize adoptions nor do they allow nonNigerians to adopt, which is what we said in September 2011. See here and pasted below:

“Nigeria

January 29, 2013

Notice: Adoption Notice for Nigeria

Adoption and guardianship decrees from Nigerian states that lack adoption laws, and adoptions by persons of non-Nigerian heritage, may not be allowable under Nigerian law or acceptable for purposes of U.S. immigration.

The Department of State is aware of instances in which U.S. citizens have sought or are seeking to pursue adoptions in Nigerian states that lack adoption laws.  These states include all northern states, with the exception of Plateau State and Nasarawa State.  It is unclear whether any adoption or guardianship orders originating in these states can legally occur.  Therefore, such orders presented to the U.S. Consulate General in Lagos, as part of an adoption petition filing or visa application, will likely require further investigation.  More information on adoption investigations conducted by the U.S. Consulate General, including approximate wait times, can be found here.

Adoption laws in Nigeria are complex.  Even in states in which adoption laws exist, specific requirements can differ from state to state.  All Nigerian states that have adoption laws, with the sole exception of Lagos State, require the prospective adoptive parent(s) to be of Nigerian heritage.  As a result, non-Nigerians are not allowed to adopt in most states.

The Department advises U.S. citizens interested in pursuing an adoption from Nigeria to research U.S. immigration laws and the relevant Nigerian federal and state laws and procedures by consulting with a reputable, licensed agency or experienced facilitator in the United States, and with the appropriate state social welfare office (usually named the State Ministry of Women’s or Family Affairs) in Nigeria. ”

 Yet in FY2012, Nigeria was the 8th largest placing country to the US with 197 adoptions, so how much does DOS really care when they continue to issue large quantities of visas .