Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition through legal sanction. Historically some societies have enacted specific laws governing adoption whereas others have endeavored to achieve adoption through less formal means, notably via contracts that specified inheritance rights and parental responsibilities. Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations.

Requirements for Prospective Parents

· Please note that adopting parents may be married, single, widowed or divorced. Persons in these last three groups may not adopt a child of the opposite sex unless the court grants an exemption.

· Couples should have been married for at least 5 years and be at least 15 years older than the intended adoptee.

· 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 3 children unless a subsequent prospective adoptee is the biological child of one of the parents.

· Parents may not already have more than 2 children when they adopt. No adoptive parent may marry the adopted child.

· Prospective adoptive parents do not need be permanent or long-term residents of the DRC.

· There is medical ineligibility for adoptive parents. An adoptive parent should not be mental disable.

· Homosexual couple or individual are excluded to be adoptive parent.

· As per documents required, the adopting parents must submit copies of their own birth certificates, the birth certificate of the prospective adoptee, police certificates from the adoptive parents place of birth and attestations of good conduct from their city hall or local embassy or consulate.

The Legal Authority for Adoption

In principle, the legal adoption authority in Congo is the Ministry of Justice. However, individual cases are handled by the Tribunal “de Paix” in the city where a prospective adoptive child resides.

The Procedure for Adoption

There is no application form for adoption and prospective parents should apply for permission to adopt by sending a letter to the Tribunal “de Paix” of the city where the adoptee is based. The Lawyer can assist with that.

The Judge from the Tribunal “de Paix” approves foreign adoptive parents for adoption. If the adoptive parents choose the adoptive child at an orphanage, they do so according to their own criteria (age, gender, etc.). A lawyer may represent the adoptive parents, but adoptive parents’ criteria are taken into consideration.

There are 3 steps in the adoption procedure:

More specifically, adopting in Congo requires prospective adoptive parents to obtain consent, attend an adoption hearing, and receive a judgment of adoption.

Obtaining the 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 and over must give his or her own consent.

The hearing

After obtaining the proper consent, the prospective adoptive parents request a hearing in open court at the Tribunal de Paix in the area where the child resides. The lawyers can represent the prospective adoptive parents in court. Along with the request for hearing, the prospective adoptive 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 of the child have been informed of the adoption and have received notice of the court hearing. The adoptive 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 for placement or final adoption have been met and that all documents are legitimate.

The Judgment

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 retroactive to 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. At the time of adoption, choices concerning citizenship will be made by the adoptive parent (in the case of minors) or by the adoptee (if 18 years or older). The adoptive parents or they lawyer must register the judgment at the local city hall or magistrate within one month or the adoption is null and void. This is done either where the adoptive parents live (if they live within the Congo) or where the child resides (if the adoptive parents do not live in the Congo).

The Timeframe for Adoption in Congo

Adoption in Congo can take from a minimum of 3 months to a maximum of six months and our Law firm can assist in carrying out adoption proceedings on urgent base.

After Adoption

The Congo does not have any post-adoption requirements.

 

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ABOUT THE AUTHOR: Dr. Joseph Yav Katshung

Professor of Law at the University of Lubumbashi in the DRC and Attorney at Law in DRC. He is the founder and Managing Partner of a leading Law Firm in the Democratic republic of Congo known as “ YAV & ASSOCIATES LLP”.
He holds a doctorate of Law from the University of Lubumbashi; a Masters degree in Human Rights and Democratisation in Africa (University of Pretoria in South Africa); a Masters in Law (University of Lubumbashi in DRC), a Diploma in Transitional Justice (ICTJ-IJR/Cape Town). He served as the Executive Director of CERDH (Centre for Human Rights, Democracy and Transitional Justice Studies) and Consultant