REFORM Talk Notice-Congo-February 27, 2012 UPDATED

By on 2-27-2012 in Congo, International Adoption, REFORM Talk Notice, Unethical behavior

REFORM Talk Notice-Congo-February 27, 2012 UPDATED

Once again, we are doing the job that DOS won’t do. Discussions of “Child trafficking, abuse, and exploitation of children” and agency intimidation for coming forward with concerns are going on in the DRC (Congo) adoptive parent community… enough for us to give a warning to not proceed with a DRC adoption at this time.


See Alama ya Kitumaini “Sign of Hope” for what prospective adoptive parents should be DEMANDING from their agencies.

They include asking about how money is spent in DRC; expedited fees; money use in orphanage and by orphanage director; investigations of corruption; and reunification of child to original/extended family efforts.

REFORM Puzzle Pieces

Update March 7, 2012: DOS follows with an alert dated March 5, 2012 on the issue of orphanages not releasing children
See here :
“Notice: Release of Adopted Children from Orphanages

Prospective adoptive parents considering adopting in the Democratic Republic of the Congo (DRC) should be aware that the U.S. Embassy has received reports that a number of legally adopted children, including those with valid immigration visas to the United States, have not been promptly released by the orphanages to their new adoptive U.S. citizen parents or their legal representatives. In most cases, the orphanages have eventually released the children into the care of their adoptive parents or legal representatives. Police intervention has been reported in some cases at the request of both orphanages and adoptive parents.

The U.S. Embassy has limited authority to intervene in these situations, but encourages adoptive parents in such a situation to notify the Consular Section”

Update 2: PEAR issues an alert on December 29, 2012. See their announcement here.
Update 3: DOS issues a notice on February 7, 2013. See here and pasted below:

“Notice: Changes at Embassy Kinshasa for adoption-related immigrant visa processingDue to the increase in the volume of intercountry adoptions from the Democratic Republic of the Congo (DRC) by U.S. citizen families, U.S. Embassy Kinshasa announces several changes to its procedures for adoption related immigrant visa processing.  On January 31, 2013, Embassy Kinshasa held a teleconference with U.S. offices of adoption service providers (ASPs) operating in the DRC, to announce these changes.  A meeting will take place February 7 at the U.S. Embassy in Kinshasa with local ASP representatives to share the same information.  This notice summarizes the information shared in those meetings.Embassy Kinshasa will now conduct the required field investigation after the approved I-600 petition is electronically received from U.S. Citizenship and Immigration Services (USCIS), or, for petitions filed in the DRC, upon receipt of the petition.  The Embassy will notify the petitioner, their ASP, and their designated representative to schedule a visa interview only once the field investigation is complete.  The Embassy will not schedule the interview until the field investigation is complete.  Adoptive families should be advised that field investigations may take approximately 3-6 months to complete, possibly longer if the case originates from an area experiencing civil unrest.  This change is effective immediately, but does not affect any appointments already scheduled.

Because of the security situation in the country, Embassy Kinshasa discourages U.S. citizens from traveling to the DRC solely for the purpose of filing the I-600 petition, and recommends that anyone considering travel to the DRC first review the Department of State’s travel warning for the DRC.  The option of filing the I-600 petition at Embassy Kinshasa is intended primarily for U.S. citizens resident in the DRC.  Residents of the United States should file their I-600 petition directly with USCIS National Benefits Center.  Petitions filed at Embassy Kinshasa may be filed by either spouse listed on the petition.  The absent spouse must sign the I-600 petition before it is submitted, but the petition does not need to be notarized.  The child’s Congolese passport is no longer required by Embassy Kinshasa to file the I-600 petition.  It must, however, be ready before the immigrant visa application and interview.

As a courtesy, the Embassy has gathered information about processing passport and exit visa paperwork with the Congolese government; however, please be advised that these processes are solely administered by the Congolese government and are subject to change.  The processing time for an application with the Ministry of Foreign Affairs (MFA) for a Congolese passport for an adopted child is approximately 2 weeks.  The fee for the Congolese passport is$170.  The processing time for an exit permit with the Direction Generale de Migration (DGM) is approximately 1 week.  There is no fee for the exit permit.  The MFA and DGM conduct their own investigations to ensure Congolese procedures have been followed.  Embassy Kinshasa will not make calls to expedite processing of either the passport or the exit permit.

Embassy Kinshasa received reports that some individuals have paid “expediting fees” to various Congolese offices in order to receive services related to adoption more quickly.  The Embassy strongly discourages this practice, as these “fees” can be seen as bribes that encourage corruption.”

See the following and pasted below

“The U.S. Department of State recently received several reports that children adopted in the Democratic Republic of Congo have reportedly been taken from orphanages by a birth parent or relative after the adoption decree and certificate of non-appeal was issued by Congolese courts. This information reportedly has been presented to adoptive families by their agencies either following the Form I-600 petition approval, or immediately prior to filing the Form I-600 petition.

While there is a specific legal procedure through the Congolese courts for a biological parent or relative to reclaim an abandoned or relinquished child prior to any adoption judgments, once a certificate of non-appeal is issued, the adoption judgment can generally no longer be the subject of appeal or objection. Congolese courts are able to dissolve an adoption at the request of the adoptee or the adoptive parent in exceptional circumstances, but only through appropriate legal processes. Adoptive parents who have already received adoption decrees and certificates of non-appeal, but learn that their child was removed from an orphanage by a birth parent or relative, may wish to seek independent legal counsel in the Democratic Republic of the Congo to learn their legal rights as the adoptive parents under Congolese law.

The U.S. Embassy in Kinshasa maintains a list of attorneys who have identified themselves as willing to assist U.S. citizen clients. Placement on this list does not constitute endorsement or assessment of an individual attorney’s qualifications by the U.S. Embassy in Kinshasa or the U.S. Department of State.”

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