VZCZCXRO0879
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHBD #0187/01 1690118
ZNR UUUUU ZZH
R 170118Z JUN 08
FM AMEMBASSY BANDAR SERI BEGAWAN
TO RUEHC/SECSTATE WASHDC 4274
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 03 BANDAR SERI BEGAWAN 000187 
 
SIPDIS 
 
STATE FOR CA/OCS/CI 
 
E.O. 12958: N/A 
TAGS: CVIS CASC CMGT BX
SUBJECT: INTERCOUNTRY ADOPTION - BRUNEI 
 
¶1.  (U) Below please find post's submission for the Intercountry 
Adoption Flyer for Brunei.  We have adhered as closely as possible 
to the model text provided by CA/OCS/CI.  Post would like to 
acknowledge and thank John Groch from Embassy Singapore for his 
valuable support in drafting this message.  Given post's limited 
CONS resources and the extremely low demand for this information, we 
will only update this flyer should there be a significant change in 
adoption law or regulations in Brunei. 
 
¶2. (U) BEGIN ADOPTION FLYER TEXT: 
 
DISCLAIMER: The following is intended as a very general guide to 
assist U.S. citizens who plan to adopt a child from a foreign 
country and apply for an immigrant visa for the child to come to the 
United States.  Two sets of laws are particularly relevant: 1) the 
laws of the child's country of birth govern all activity in that 
country including the adoptability of individual children as well as 
the adoption of children in country in general; and 2) U.S. 
immigration law governs the immigration of the child to the United 
States. 
 
The information in this flyer relating to the legal requirements of 
specific foreign countries is based on public sources and our 
current understanding.  It does not necessarily reflect the actual 
state of the laws of a child's country of birth and is provided for 
general information only.  Moreover, U.S. immigration law, including 
regulations and interpretation, changes from time to time.  This 
flyer reflects our current understanding of the law as of this date 
and is not legally authoritative.  Questions involving foreign and 
U.S. immigration laws and legal interpretation should be addressed 
respectively to qualified foreign or U.S. legal counsel. 
 
INTRODUCTION: Brunei has a zero-tolerance policy on child 
abandonment, and has no orphanages.  The royal family, particularly 
the Sultan's female siblings, often adopts children from less 
fortunate families or the few children who have been abandoned. 
Out-of-wedlock births generally lead to adoption by a family member 
of the mother.  To the best of local authorities' knowledge, there 
has never been a foreign adoption of a Brunei citizen child; 
adoptions of non-citizen Brunei children are possible. 
 
PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: There has 
been no immigration of adopted children to the U.S. from Brunei in 
the past decade. 
 
ADOPTION AUTHORITY IN BRUNEI: The Department of Community 
Development section of the Ministry of Culture, Youth, and Sport is 
the competent authority for local and international adoptions in 
Brunei. 
The Department oversees two separate adoption processes:  the 
Islamic Adoption of Children Order 2001, through Jabatan Mahkamah 
Syariah (Islamic Court for Muslims) and the non-Muslim adoption of 
children through the Brunei High Court. 
 
ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Persons wanting to 
adopt a child must themselves identify the child to be adopted. 
Childless married couples are given top priority to adopt a child. 
Single men or women are also allowed to adopt, but are required to 
adopt a child of the same sex.  At least one of the prospective 
parents is required to be of twenty-five (25) years old at the time 
of the application; additionally, at least one of the prospective 
parents is required to be eighteen (18) years older than the child 
to be adopted.   Muslim prospective parents may adopt non-Muslim 
children, but non-Muslim prospective parents may not adopt Muslim 
children. 
RESIDENCY REQUIREMENTS:  In addition to the regular requirements for 
adoption, U.S. citizens interested in adopting a Brunei child while 
they are living in the living Brunei or in the U.S. must meet the 
following conditions: 
a) Be resident in the Brunei or in the U.S. prior to the filing of 
the adoption petition and maintain such residence until the adoption 
decree is entered by a Jabatan Mahkamah Syariah (Islamic Court for 
Muslims) or Brunei High Court (for non-Muslim); 
b) If the prospective parent(s) reside in the United States, all 
documents must be authenticated or verified by the Brunei Embassy or 
one of the Brunei consulates in the U.S. 
c) Possess a certification of legal capacity to adopt issued by 
appropriate government agency from your state of residence. 
TIME FRAME: Once a child is identified for adoption, the time to 
approval is approximately 2-3 months. 
 
ADOPTION AGENCIES AND ATTORNEYS:  Prospective adoptive 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 adoptive parents contact the Better 
Business Bureau and/or the licensing office of the appropriate state 
government agency in the U.S. state where the agency is located or 
licensed. 
Please see 
 
http://travel.state.gov/family/ 
 
BANDAR SER 00000187  002 OF 003 
 
 
adoption_resources_05.html 
 
at the Department of State Bureau of Consular Affairs web site 
travel.state.gov. 
 
ADOPTION PROCEDURES:  If prospective adoptive parent(s) have 
identified a Muslim child to be adopted, they must go to Jabatan 
Mahkamah Syariah and get a form entitled Perintah Pengangkatan 
Kanak-Kanak Dalam Islam, 2001, Jadual Bab [2]; if they have 
identified a non-Muslim child to be adopted, they must go to the 
Brunei High Court at Bandar Seri Begawan and get a form entitled 
Registration of Adoption Act, Chapter 123.  In either case, they 
must submit their approval letter to adopt a child (MMS/91), letter 
of consent from child's biological parent(s), Statutory Declaration 
of agreement between the biological and prospective adoptive 
parent(s), photocopied passport of the adopted child, birth 
certificate of the adopted child, marriage certificate of the 
adopted child's parents. 
 
The completed Jadual Bab [2]s, Islamic Adoption of Children Order 
2001 (for Muslim) or Brunei High Court, Registration of Adoption 
Act, Chapter 123 (for non-Muslim) is forwarded by the appropriate 
court to the Department of Community Development.  Social workers of 
the Department of Community Development then investigate the 
prospective adoptive parents, and their report is analyzed during a 
monthly meeting attended by senior officers of Families section of 
the Department of Community Development as well as by the social 
workers who prepared the report.  The completed forms of the 
successful applicants are returned back to Jabatan Mahkamah Syariah 
or to Brunei High Court with the written memorandum; the officers in 
charge of child adoption in Jabatan Mahkamah Syariah or Brunei High 
Court, Registrar General then grants adoption certificates to 
successful adopted parents.  Unsuccessful applicants' forms are also 
returned to Jabatan Mahkamah Syariah or Brunei High Court and the 
reasons for their unsuccessful applications are noted in the forms. 
 
 
DOCUMENTS REQUIRED FOR ADOPTION IN COUNTRY:  Prospective adoptive 
parents are required to submit:  photocopied identity cards; 
certificate of marriage (if applicable); physical and medical 
evaluation reports; psychological evaluation by a duly licensed 
psychiatrist or psychologist; name of a character reference who has 
known the prospective parent(s) for at least five years; and salary 
slips.  Prospective adoptive parents must demonstrate that they are 
financially solvent and have no criminal record. 
 
AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  The language 
describing the process of authenticating U.S. documents to be used 
abroad is currently under review. Please click on the following link 
for more information until the new language is finalized: 
http://www.travel.state.gov/law/info/ 
judicial/judicial_701.html. 
 
COUNTRY OF ORIGIN EMBASSY AND CONSULATE IN THE US: 
Embassy of Brunei Darussalam 
3520 International Court, NW 
Washington D.C. 20008 
Tel: (202) 237-1838 
Fax: (202) 885-0560 
 
U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are 
strongly encouraged to consult USCIS publication M-249, The 
Immigration of Adopted and Prospective Adoptive Children, as well as 
the Department of State publication, International Adoptions.  The 
USCIS publication is available at the USCIS web site. The Department 
of State publication International Adoption can be found on the 
bureau of Consular Affairs web site, travel.state.gov, under 
intercountry adoption.  Before completing an adoption abroad, 
prospective adoptive parents are strongly encouraged to read the 
requirements for filing Form I-600, Petition to Classify Orphan as 
an Immediate Relative.  Please see the flyer "How Can Adopted 
Children Come to the United States" at the U.S. Department of State, 
Bureau of Consular Affairs web site travel.state.gov. 
 
U.S. EMBASSY IN COUNTRY: Americans living or traveling abroad are 
encouraged to register with the nearest U.S. Embassy or Consulate 
through the State Department's travel registration website, 
https://travelregistration.state.gov/, and to obtain updated 
information on travel and security within the country of travel. 
Americans without Internet access may register directly with the 
nearest U.S. Embassy or Consulate.  By registering, American 
citizens make it easier for the Embassy or Consulate to contact them 
in case of emergency. 
 
The Consular Section is located at: 
Embassy of the United States of America 
Consular Section 
3rd Floor Teck Guan Plaza 
Jalan Sultan 
Bandar Seri Begawan BS8811 
Brunei Darussalam 
 
BANDAR SER 00000187  003 OF 003 
 
 
 
APPLYING FOR A VISA AT THE U.S. EMBASSY IN BRUNEI:  The U.S. Embassy 
in Brunei does not issue immigrant visas.  Immigrant visas for 
citizens or non-citizen residents of Brunei are processed in 
Singapore or Kuala Lumpur. 
 
ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition 
of U.S. citizenship for adopted children is currently under review. 
Until the new language is finalized, please click on the following 
link for further information: http://travel.state.gov/family/ 
adoption/info/info_457.html. 
 
ADDITIONAL INFORMATION: Specific questions about adoption in Brunei 
may be addressed to; 
Embassy of the United States of America 
Consular Section 
3rd Floor Teck Guan Plaza 
Jalan Sultan 
Bandar Seri Begawan BS8811 
Brunei Darussalam 
 
General questions regarding intercountry adoption may be addressed 
to the Office of Children's Issues, U.S. Department of State, 
CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 
20520-4818, toll-free Tel: 1-888-407-4747. 
 
------------------------ 
Other Useful Information 
------------------------ 
 
Telephone: 
-- Toll Free - For information on intercountry adoption and 
international parental child abduction, call Overseas Citizens 
Services at 1-888-407-4747. This number is available from 8:00 a.m. 
to 8:00 p.m. Eastern Standard Time, Monday through Friday (except 
U.S. federal holidays). Callers who are unable to use toll-free 
numbers, such as those calling from overseas, may obtain information 
and assistance during these hours by calling 1-202-501-4444. 
 
-- U.S. Department of State Visa Office - recorded information 
concerning immigrant visas for adopting children, (202) 663-1225. 
-- U.S. Citizenship and Immigration Services - recorded information 
for requesting immigrant visa application forms, 1-800-870-FORM 
(3676). 
--------------- 
Internet 
---------------- 
 
-- Adoption Information Flyers: The U.S. Department of State, Bureau 
of Consular Affairs web site at: http://travel.state.gov/ contains 
intercountry adoption information flyers like this one and the 
International Adoptions brochure. 
 
-- Consular Information Sheets: The State Department has general 
information about hiring a foreign attorney and authenticating 
documents that may supplement the country-specific information 
provided in this flyer. In addition, the State Department publishes 
Consular Information Sheets (CIS's) for every country in the world, 
providing information such as location of the U.S. Embassy, health 
conditions, political situations, and crime reports. If the 
situation in a country poses a specific threat to the safety and 
security of American citizens that is not addressed in the CIS for 
that country, the State Department may issue a Public Announcement 
alerting U.S. citizens to local security situations. If conditions 
in a country are sufficiently serious, the State Department may 
issue a Travel Warning recommending that U.S. citizens avoid 
traveling to that country. These documents are available on the 
Internet at: http://travel.state.gov/ or by calling the State 
Department's Office of Overseas Citizen Services Toll Free at 
1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. 
Eastern Time, Monday through Friday (except U.S. federal holidays). 
Callers who are unable to use toll-free numbers, such as those 
calling from overseas, may obtain information and assistance during 
these hours by calling 1-202-501-4444. 
 
-- USCIS web site - http://uscis.gov/. 
 
END ADOPTION FLYER TEXT. 
 
 
FRIEDMAN