US embassy cable - 04KINSHASA1796

UNCLAS SECTION 01 OF 02 KINSHASA 001796 
 
SIPDIS 
 
FOR CA/VO/CI K. DOHERTY; CA/OCS/AF 
 
E.O. 12958: N/A 
TAGS: KOCI, CVIS, CG 
SUBJECT: CONGO-KINSHASA INTERNATIONAL ADOPTION INFORMATION 
 
REF: STATE 194945 
 
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