Factsheet, Page 2
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ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Any adult may adopt children. There are no marriage requirements or specific age requirements. The place of birth and residence of the adoptive parent are not determining factors.
RESIDENTIAL REQUIREMENTS: At least one adopting parent must travel to Sierra Leone to attend the court hearing for the adoption. In these cases, the High Court of Sierra Leone grants legal custody or leave to adopt to the adopting parents and permission for the child to immigrate to the United States for eventual adoption in a State court.
TIME FRAME: There are no fixed time lines or constraints on the Court’s processing of adoptions.
ADOPTION AGENCIES AND ATTORNEYS: The U.S. Embassy in Freetown maintains a list of local solicitors (attorneys). There are no registered adoption agencies in Sierra Leone. There are organizations registered as non-governmental organizations (NGO) or private voluntary organizations (PVO) that provide assistance to children and facilitate international adoptions. The U.S. Embassy cannot recommend the services of any specific attorney or organization.
Prospective adopting 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 adopting parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located.
Please see Important Notice Regarding Adoption Agents and Facilitators at our Web site travel.state.gov.
ADOPTION FEES IN SIERRA LEONE: Official government fees associated with adoptions in Sierra Leone are minimal and consist mainly of court filing costs. Such filing fees normally are less than $10 USD. The cost of employing local counsel varies, but the adoptive parents can expect to pay several hundred dollars at a minimum for an attorney.
ADOPTION PROCEDURES: Most adoptive parents go through an adoption agency in the U.S., which in turn liaises with an orphanage or organization in Sierra Leone prior to going through the adoption process. The organization in Sierra Leone must be registered with the Ministry of Social Welfare, Gender and Children’s Affairs, and with the Ministry of Development and Economic Planning.
If the adoptive parents do not want to go through a local organization, they should write to the Chief Social Development Officer indicating their name and address and period of relationship between them and the child. The letter should also state the period and nature of the relationship between them and biological parents and their occupation and financial status. If adoptive parents are married, a copy of their marriage certificate should be produced. All documents mentioned will be forwarded to a solicitor (attorney). Affidavits from the adoptive parents to be filed with the High Court registry before the adoption is pronounced by the High Court will be prepared by the solicitor in Sierra Leone and transmitted or delivered to the adoptive parents for signature. All affidavits must be notarized.
Under any scenario, the presence of at least one of the adoptive parents in court during adoption proceedings is now mandatory. In other words, anyone adopting a Sierra Leonean child must make at least one trip to Sierra Leone to appear before the judge. The old practice of waiving personal appearance of adoptive parents has ended.
The solicitor in Sierra Leone will write a letter to the Social Development Officer in Freetown and it will be annexed to other documents in order to initiate an adoption.
A petition for the adoption must be filed with the High Court. The petition must contain the name, age, residence, and marital status of the petitioners. The name, date and place of birth of the child, the date and manner in which the petitioners acquired custody of the child, facts (if any) that render consent of either parent unnecessary, the petitioners' desire to adopt the child, and the child's change of name, should also be contained in the petition. The Court will also require written consent by the biological parents. If the child was born in wedlock, the consent of both parents is required. If the child was born out of wedlock, only the mother must consent. If the child is 16 years of age or older, only the child must consent to the adoption. Please note that the Immigration and Nationality Act does not consider a person who is 16 years old or older a “child” and therefore they will be ineligible to immigrate to the United States.
Parental consent is not required if the parents have abandoned the child, if the parental rights have been legally terminated, if the parents are deceased, or if a legal guardian has been appointed. The biological parents, during the proceedings, may withdraw consent with the Court’s permission.
Following the filing of the petition, the Court serves notice on all interested parties and orders an investigation by an investigator, who is appointed by the Court. A written report of the investigation must be filed with the Court within 30 days of issuance of the investigation order. Upon receipt of the investigation, the Court schedules the hearing and serves notice on all interested parties. The petitioners and children are required to attend the hearing. The court may waive the appearance of the child for good cause, but this must be stated in the order of adoption. Again, at least one adopting parent must appear in person under current practice. All hearings are confidential and held in closed court. The Court must be satisfied that the "moral and temporal interests" of the child will be served by the adoption. Upon this showing, the court either issues a full and final adoption, or leave to adopt. There are no fixed time-lines or constraints on the Court’s processing adoptions.
While the adoption proceedings may be based on sworn statements or affidavits, which will be mentioned in Court and read out to the judge in the absence of the makers of these statements, the High Court may require natural parents to appear in court to confirm their statements.
Credits: U.S. Department of State
