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Reissued after periodic review without changes.
Exercise normal precautions in Tonga.
Read the Country Information page for additional information on travel to Tonga.
If you decide to travel to Tonga:
Tonga is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. (Hague Adoption Convention or Convention). Please see more detail below in the Who Can Adopt, Who can be adopted, and How to adopt for more details on the intercountry adoption steps involving Tonga.
Tonga is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). Please see more detail below in the Who Can Adopt, Who can be adopted, and How to adopt for more details on the intercountry adoption steps involving Tonga.
Tongan law states that prospective adoptive parents must reside with the child for a period of at least six months prior to the application for adoption of that child. In addition, under Tongan law, only illegitimate children may be adopted.
We are aware there are also prospective adoptive parents who reside abroad who wish to adopt a child from the United States. Please see our section on Adoptions from the United States for more information on the process for adopting a child from the United States.
Under the Intercountry Adoption Universal Accreditation Act of 2012 (UAA), which became effective on July 14, 2014, the requirement that adoption service providers be accredited or approved, and therefore meet the accreditation standards, which previously only applied in Convention cases, also applies in non-Convention (“orphan”) cases under section 101(b)(1)(F) of the Immigration and Nationality Act (INA). The UAA requires that an accredited or approved adoption service provider act as the primary provider in every non-Convention intercountry adoption case, and that adoption service providers providing any adoption services, as defined at 22 CFR Part 96.2, on behalf of prospective adoptive parents be accredited or approved or be a supervised or exempted provider. See additional Department of State guidance and U.S. Citizenship and Immigration Services (USCIS) guidance for limited situations when a primary provider may not be required. Intercountry adoptions of children from non-Convention countries continue to be processed under the Orphan Process with the filing of the Forms I-600A and I-600. However, adoption service providers should be aware of the information on the USCIS website on the impact of the UAA on Form I-600A and Form I-600 adjudications, including the requirement that all home studies, including home study updates and amendments, comply with the home study requirements listed at 8 CFR 204.311, which differ from the orphan home study requirements that were in effect before July 14, 2014.
To bring an adopted child to the United States from Tonga, you must meet certain suitability and eligibility requirements. USCIS determines who is suitable and eligible to adopt a child from another country and bring that child to live in the United States under U.S. immigration law. For more information, please see USCIS webpages on suitability determinations and USCIS policy guidance on adoptive parent suitability determinations.
Additionally, a child must meet the definition of an orphan under U.S. immigration law in order to be eligible to immigrate to the United States with an IR-3 or IR-4 immigrant visa.
Caution: Although U.S. citizens generally must follow the orphan adoption process to adopt a child from a non-Convention country, the Family-Based Petition Process (Form I-130) may be an option for U.S. citizens and lawful permanent residents to petition for their adopted child. There are significant differences between the orphan and the Family-Based Petition Process. For more information about specific Form I-130 requirements for adopted children, see the USCIS website and the USCIS Policy Manual, Vol. 5.
In addition to being found suitable and eligible to adopt by USCIS, prospective adoptive parents seeking to adopt a child from Tonga must meet the following requirements:
Under the INA 101(b)(1)(F), a child can be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents, or in the case where there is a sole or surviving parent who is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption.
In addition to qualifying as an orphan under U.S. immigration law, the child must also meet the following requirements of Tonga:
Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are eligible for adoption. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to the adoption of their child(ren).
Waiting Period: Prospective adoptive parents must reside with and provide for the needs of the prospective adoptive child before letters of adoption can be approved by the chief justice of the supreme court.
The Tongan Legal Guardianship Act of 2004 makes it possible for Tongan authorities to grant legal guardianship of legitimate children under age 18. However, Tongan law is silent about (neither prohibits nor approves) whether such children may be removed from Tonga to be adopted in another country. American citizens interested in pursuing legal guardianship of a Tongan child for the purposes of an adoption in the U.S. should consult a Tongan attorney for the latest information.
Tonga’s Adoption Authority
Tonga Supreme Court
The Process
The process for adopting a child from Tonga generally includes the following steps:
1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider that has been authorized by the Government of Tonga
The accredited agency or approved person you identify as the primary provider is responsible for:
Only accredited agencies, approved persons, supervised providers, exempted providers, public domestic authorities, and public foreign authorities that have been authorized by the Government of Tonga may provide adoption services in intercountry adoption cases.
For more information on primary providers and the UAA, please see Universal Accreditation Act of 2012. See additional guidance for limited situations when a primary provider may not be required. Learn more about Agency Accreditation.
2. Apply to USCIS to be Found Suitable and Eligible to Adopt (or file a Form I-600 combination filing to have USCIS review both your suitability and eligibility as an adoptive parent and the child’s status as an orphan at the same time)
In order to adopt a child from Tonga, you will need to meet the requirements of the Government of Tonga and U.S. immigration law.
To meet U.S. immigration requirements, you may choose to file a Form I-600A, Application for Advance Processing of an Orphan Petition, with USCIS, to be found suitable and eligible to adopt. Please see the USCIS website for more information about filing options. If you have already identified the child you wish to adopt, you may alternatively choose to file the Form I-600 petition for the child and include all the required supporting documentation for the Form I-600A application (i.e. an approved home study) so USCIS can make a determination on your suitability and eligibility to adopt before reviewing the child’s eligibility as an orphan. Please see USCIS webpages on suitability determinations and USCIS policy guidance on adoptive parent suitability determinations. Unless an exception applies, the home study must be prepared by a person who is authorized under 22 CFR 96 to prepare home studies and who holds any license or other authorization required by the law of the jurisdiction where the home study is conducted (unless a public domestic or public foreign authority). The home study must comply with the requirements in 8 CFR 204.311 and USCIS policy.
3. Apply to Tonga’s Authorities to Adopt, and be Matched with a Child
If you are found suitable and eligible to adopt under U.S. immigration law, Tonga requires you to submit an adoption application to the Supreme Court of Tonga to be found eligible to adopt by Tonga.
Prospective adoptive parents can contact the Supreme Court in Tonga by telephone at (676) 23 599 for guidance about filing an adoption application with the Senior Magistrate Court. The adoptive parents must have an approved Form I-600A, Home Study Report, statement of consent from the child’s biological mother, and any additional documents that would support the adoption application, such as original birth and marriage certificates of the adoptive parents and original birth certificate of the child.
The competent adoption authority or other authorized entity in Tonga will review your adoption dossier and, if an appropriate match is found, may provide you with a referral. We encourage families to consider consulting with a medical professional and their adoption service provider to understand the needs of the specific child, but you must decide for yourself whether you will be able to meet the needs of and provide a permanent home for a specific child. You must also ultimately adhere to the USCIS’ suitability determination (i.e. typically the Form I-600A approval notice) with respect to the number of children you are approved to adopt and the characteristics of the child(ren) (such as age, gender, nationality, and/or special need, disability, and/or impairment) that you are approved to adopt. Learn more about Health Considerations.
The child must be eligible to be adopted according to Tonga’s requirements, as described in the Who Can Be Adopted section. The child must also meet the definition of an orphan under U.S. immigration law.
4. Adopt the Child in Tonga
The process for finalizing the adoption in Tonga generally includes the following:
Note: See additional guidance for limited situations when a primary provider may not be required.
Adoption Fees: The Tongan government fee is around US$17 per child, up to a maximum of US$25 if adopting more than one child. Tongan attorney fees generally range between US$300 and US$400 per child.
It is customary for Tongans who wish to adopt a child to contribute to the child's maintenance between the time of the request to the biological mother and the issuance of letters of adoption. All other payments are prohibited. The sworn affidavit of declaration from prospective adoptive parents must declare any payments made towards the welfare of the child.
We encourage prospective adoptive parents to obtain detailed receipts for all fees and donations paid, either by them directly or through their U.S. adoption service provider, and to raise any concerns regarding any payment that you believe may be contrary to U.S. law, or the law of Tonga, with your adoption service provider, and, when appropriate, through the Complaint Registry. Improper payments violate applicable law, or create the appearance of buying a child, and could put all future adoptions in Tonga at risk. The Foreign Corrupt Practices Act, for instance, makes it unlawful to make payments to foreign government officials to assist in obtaining or retaining business. Further, the UAA and IAA make certain actions relating to intercountry adoptions unlawful, and subject to civil and criminal penalties. These include offering, giving, soliciting, or accepting inducement by way of compensation intended to influence or affect the relinquishment of parental rights, parental consent relating to adoption of a child, or a decision by an entity performing functions as a competent authority, or to engage another person as an agent to take any such action.
In the adoption services contract that you sign at the beginning of the adoption process, your adoption service provider will itemize the fees and estimated expenses related to your adoption process.
Documents Required: Prospective adopting parents must provide the following documents when submitting an application for adoption to the Tonga Supreme Court:
Note: Additional documents may be requested.
5. Apply for Your Child to be Found Eligible to Immigrate to the United States as an Orphan
After you finalize the adoption in Tonga, USCIS must determine if the child meets the definition of an orphan under U.S. immigration law in order for the child to immigrate to the United States. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative, on behalf of the child and unless a limited exception applies, you must identify a primary provider.
If you have a valid Form I-600A approval, you may file your Form I-600 petition in the United States with the USCIS National Benefits Center, or at U.S. Embassy Suva. Please see the USCIS website for more information about filing options.
When a Form I-600 petition is adjudicated by USCIS in the United States, U.S. Embassy Suva’s consular section must complete a Form I-604, Determination on Child for Adoption (sometimes informally referred to as an orphan determination), to verify the child’s orphan status.
When a Form I-600 petition is filed with the U.S. Embassy Suva’s consular section, the consular officer must complete the Form I-604, Determination on Child for Adoption, to verify the child’s orphan status.
Conducting the Form I-604 determination is a critical part of the non-Convention adoption process. It can take approximately 15 to 30 working days to complete, depending upon the circumstances of your case. The adoptive parents will be notified about the immigrant visa process once the I-604 determination is completed. Consular officers appreciate that families are eager to bring their adopted child home as quickly as possible. Some of the factors that may contribute to the length of the process include prevailing fraud patterns in the country of origin, civil unrest or security concerns that restrict travel to certain areas of the country, and the number of determinations performed by available staff. Consular officers make every effort to conduct them as quickly and thoroughly as possible. You are advised to keep your travel plans flexible while awaiting the results.
6. Secure a U.S. Immigrant Visa if You Intend to Reside with Your Child in the United States
Once your adoption is complete and the Form I-604 determination has been completed, finding that your child meets the legal definition of an orphan for immigration purposes, there are a few more steps to take before your child can enter the United States.
Your child will need an immigrant visa if you intend to reside in the United States with your child. If instead you intend to continue residing overseas with your child but still seek naturalization of your child by application (Form N-600K), you will not need an immigrant visa, but you may need a different type of visa to complete the process. Please discuss this with the consular officer handling your case and consult the USCIS website for more information.
You need to obtain three documents before you secure a visa so your child can travel to the United States:
Birth Certificate
You will need to obtain a new or updated birth certificate for your child.
If you have finalized the adoption in Tonga, you will first need to apply for a new birth certificate for your child with your name on it
If you have been granted legal custody for the purposes of emigration and adoption of the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name.
During the adoption process, the PAP will advise the Supreme Court of their wish to have the child’s name changed and the PAP’s names added to the child’s birth certificate. After the adoption process is finalized, the adoptive parents are issued an adoption order. They will take the adoption order to the Office of the Registrar General in Nukualofa to register the adoption and request issuance of a new birth certificate for the adopted child. The new birth certificate will include the PAP’s names as legal parents and other particulars for the adopted child.
Tonga Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Tonga.
With the child's new birth certificate and adoption order, the adoptive parents can apply for a passport for the child at the Office of the Ministry of Foreign Affairs, Immigration Department, Tel: +676 26969/ 26970 Fax: +676 26971
Current Tongan law places restrictions on the issuance of Tongan passports to Tongan children adopted by foreigners. The children may obtain Tongan passports, but only in their birth (rather than adoptive) names. It is advisable that applicants for letters of adoption confirm that their prospective adoptive child already has a Tongan passport before the adoption order is granted. American adoptive parents do not have legal standing to apply for a Tongan passport for a minor child. The biological parent or a Tongan legal guardian must consent to the passport application. Tongan law clearly states, "The adopted person shall bear the name of and be deemed to be of the same nationality as the person to whom Letters of Adoption have been granted by the Court."
U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child and you have filed Form I-600, you will then need to apply for a U.S. immigrant visa for your child from U.S. Embassy Suva if you intend to bring your child to reside in the United States with you. This immigrant visa allows your child to travel home with you and be admitted to the United States as your child. Please contact U.S. Embassy Suva by email at suvaiv@state.gov to schedule your child’s immigrant visa appointment. As part of this process, you must provide the consular officer with the Panel Physician’s medical report on the child. Read more about the Medical Examination.
You must complete an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC) after receiving a letter from the National Visa Center (NVC) confirming receipt of the approved Form I-600 petition and assignment of a case number and an invoice ID number. Print and bring the DS-260 confirmation page to the visa interview. Review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact NVC at NVCAdoptions@state.gov if you have questions about completing the online DS-260 form.
Please note that U.S. Embassy Suva processes immigrant visas for non-U.S. citizens located in Tonga. Additional information concerning immigrant visa processing at U.S. Embassy Suva can be found on U.S. Embassy Suva’s website.
Upon receipt of the case, U.S. Embassy Suva generally notifies the petitioner. Visa issuance after the final interview generally takes 24 hours. It is not usually possible to provide the visa to adoptive parents on the same day as the immigrant visa interview. You should verify current processing times with U.S. Embassy Suva before making final travel arrangements. Additional information on immigrant visa processing can be found on our website.
If you will reside outside the United States with your child, you should contact the adoption authority or competent authority where you reside for additional information about how to bring your child to that country.
7. Obtain U.S. Citizenship for Your Child
If you obtain an immigrant visa for your child, USCIS will mail your child either a permanent resident card (green card), or a Certificate of Citizenship, after your child enters the United States. If you plan to reside outside the United States with your child (and, therefore, may not benefit from an immigrant visa for your child), please see the relevant section below.
For adoptions finalized abroad before the child’s admission into the United States: A child who was adopted abroad and has satisfied Immigration and Nationality Act (INA) 101(b)(1)(E), INA 101(b)(1)(F), or INA 101(b)(1)(G) requirements, who is residing in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence generally will acquire U.S. citizenship after admission if the child is under the age of 18 when these conditions are met.
Depending on the visa your child receives, their age, and the other INA 320 requirements, you may not need to take any additional action for your child to acquire U.S. citizenship. However, if your child does not meet the requirements of INA 320 at the time of admission into the United States, you may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met. More information is available on the USCIS website.
For adoptions not finalized until after the child’s admission to the United States: If the adoption is not finalized before the child is admitted to the United States, the child’s adoptive parent(s) must complete the adoption (or re-adoption or obtain judicial recognition of the foreign adoption) in the United States before the child turns 18 for the child to automatically acquire U.S. citizenship (if the child otherwise meets the requirements of INA 320). You may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met. More information is available on the USCIS Fact Sheet: Securing U.S. Citizenship for Your Child.
If you reside outside the United States with your child, you may file a Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322 with USCIS to obtain a Certificate of Citizenship for your child if your child satisfies the requirements of INA 322. Note: If you are a military service member or U.S. government employee who chooses to seek an immigrant visa for your child versus completing the Form N-600K process, you may need to use Form N-600 to apply for a Certificate of Citizenship. Please note, however, that USCIS cannot mail Certificates of Citizenship abroad for children who acquire citizenship under INA 320.
Read more about INA 320 and 322 in the USCIS Policy Manual and USCIS website U.S. Citizenship for an Adopted Child.
Applying for Your U.S. Passport
U.S. citizens are required to enter and depart the United States on a valid U.S. passport. Once your child acquires U.S. citizenship, s/he will need a U.S. passport for international travel. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.
Getting or renewing a passport is easy. The Department of State’s Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print all in one place.
Obtaining a Visa to Travel to Tonga
In addition to a U.S. passport, you may also need to obtain a visa. Where required, visas are affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Tonga, see the Department of State’s country page.
Staying Safe on Your Trip
Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The Department of State provides country information for every country in the world about various issues, including health conditions, crime, currency or entry requirements, and any areas of instability.
Staying in Touch on Your Trip
When traveling abroad during the adoption process, we encourage you to enroll with the Department of State through our Smart Traveler Enrollment Program (STEP) to receive important information from the U.S. Embassy about safety conditions in your destination country. Enrollment makes it possible for the U.S. Embassy or Consulate to contact you in an emergency, whether natural disaster, civil unrest, or family emergency. Whether there is a family emergency in the United States or a crisis in Tonga, enrollment assists the U.S. Embassy or Consulate in reaching you.
Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).
Post-Adoption Resources
Many adoptive parents find it important to find support after the adoption. There are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. You may wish to take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services. Your primary provider can provide or point you to post- placement/post-adoption services to help your adopted child and your family transition smoothly and deal effectively with the many adjustments required in an intercountry adoption.
The U.S. Department of Health and Human Services maintains a website, the Child Welfare Information Gateway, which can be a useful resource to get you started on your support group search. In particular you may find the pages on Parenting After Adoption - Child Welfare Information Gateway and Post Adoption and Permanency Support Services - Child Welfare Information Gateway useful.
COMPLAINTS
If you have concerns about your intercountry adoption process, we ask that you share this information with U.S. Embassy Suva, particularly if it involves possible fraud or misconduct specific to your child’s case. The Department of State takes all allegations of fraud or misconduct seriously. Our Adoption Comment Page provides several points of contact for adoptive families to comment on their adoption service provider, their experience applying for their child’s visa, or about the Form I-600/A process.
The Complaint Registry is an internet-based registry for filing complaints about U.S. accredited or approved adoption service providers. If you think your provider's conduct may not have been in compliance with accreditation standards, first submit your complaint in writing directly to your provider. If the complaint is not resolved through the provider's complaint process, you may file the complaint through the Complaint Registry.
The U.S. Embassy that has jurisdiction over the Kingdom of Tonga is located in Suva, Fiji. The Consular Section is located at:
U.S. Embassy Suva
31 Loftus Street
P.O. Box 21
Suva, Fiji
Tel: (679) 331-4466
Fax: (679) 330-2267
Recorded Information: (679) 330-3888
Email: consularsuva@state.gov
Internet: https://fj.usembassy.gov/
Tongan Adoption Authority
P. O. Box 11
Nuku'alofa, Tonga
Tel: (676) 23599
Embassy of Tonga
Embassy of the Kingdom of Tonga
250 East 51st Street,
New York, NY 10022
Tel: (917) 369-1136
Fax: (917) 369-1024
Office of Children’s Issues
U.S. Department of State
CA/OCS/CI
SA-17, 9th Floor
Washington, D.C. 20522-1709
Tel: 1-888-407-4747
Email: Adoption@state.gov
Internet: adoption.state.gov
U.S. Citizenship and Immigration Services (USCIS)
For questions about a pending Form I-600A application, Form I-600 petition or related supplements:
USCIS
Tel: 1-877-424-8374 (toll free); 1-913-275-5480 (local); Fax:1-913-214-5808
Email: NBC.Adoptions@uscis.dhs.gov
For other USCIS-related questions:
USCIS Contact Center
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
Internet: uscis.gov
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