Applicable legislation

• LAW 2005-014 of 07 September 2005 on adoption
• DECREE 2006-596 of 10 August 2006 establishing the terms of application of Law 2005-014 of 07 September 2005 on adoption

General conditions and provisions

International adoption refers to the adoption of a child by two spouses of foreign nationality or normally resident in a foreign country. It creates a parent-child relationship between the adopter and the adoptee, which confers on the latter the status of a legitimate child. International adoption is pronounced by a court decision. All applications for international adoptions must be made through the Malagasy central authority (the Department for the Promotion of the Family with the Ministry of Population and Recreation). International adoption is only permitted if, after national placement and national adoption opportunities have been duly examined, it is determined to be in the better interest of the child.

Conditions to be fulfilled by the adopter

International adoption is open to heterosexual spouses, one of whom is at least thirty years of age, who have no more than three dependent children as at the date of the adoption (including those merely conceived, as defined by Malagasy law). International adoption must be made jointly. No one may adopt more than three children. International adoption is only available to spouses whose national law recognises the institution of full adoption. People applying for an international adoption must have fulfilled the basic conditions as established by their national law.

Conditions to be fulfilled by the adoptee

Only the following may be the subject of an international adoption, provided that they are under twelve years of age:

• Children who are already related to one of the spouses by a parental or marital link;
• Children who have been voluntarily handed over by their biological parents to an approved institution, including a reception centre;
• Abandoned children and children whose father and mother are unknown or deceased

A child placed in an approved institution, including an approved reception centre, may only be adopted if his/her name appears on the list of adoptable children held by the central authority.
If the child has not be abandoned or if his/her father and mother are still alive and are known, the consent of both is required for the adoption to take place. If either the father or the mother is deceased or cannot express his/her wishes, the consent of the other parent will suffice, after the opinion of the family of the deceased parent has been obtained. If both are deceased or cannot express their wishes, consent is to be given by the person who, by law, custom and practice, exercises authority over the child, after the opinion of the family council has been obtained. If there is a difference of opinion, the better interest of the child will prevail.

Procedure

Requests from applicants living abroad who wish to adopt a Madagascan child must be submitted to the central authority of the adoptive parents’ country. This authority will forward the application to the Madagascan Ministry of Foreign Affairs, through the Madagascan consular or diplomatic representatives in the adoptive country, which will ensure that it is delivered to the Madagascan central authority.


Documents required (administrative stage)

Documents may be dated no more than six months prior, with the exception of the approval. They must be drawn up in five copies.

Documents relating to the adopters

• A full adoption application signed by both spouses and duly accompanied by authentication of the signatures;
• Photographs of the family and their living environment;
• An approval issued by a State-approved social services authority;
• A social and psychological vetting report issued by a State-approved authority;
• A certified photocopy of the official family record book;
• A heterosexual marriage certificate;
• Birth certificate of each of the two spouses;
• Criminal record certificate for each of the two spouses;
• Certificate of nationality for each of the two spouses;
• A payslip or income tax return for the spouses;
• A certificate of good moral standing for each of the spouses, drawn up by their employers;
• A certificate of good conduct [certificat de bonnes vie et mœurs] issued by the Mayor or the duly authorised authority of the State concerned;
• Medical certificates for the spouses, drawn up for the purpose of adoption by a State-approved doctor.

Documents relating to the adoptee

• Adoptability report drawn up by the central authority;
• Birth certificate or suppletory birth certificate;
• Certificate of nationality;
• Psycho-social report with nine recent photographs;
• Current residence certificate;
• Medical report drawn up by a State-approved doctor;
• A provisional guardianship order for children placed in approved adoption centres;
• If the child has been declared as abandoned, the file must also contain:
  - an inquiry report;
  - a certificate of unproductive investigations conducted over a period of at least six months;
  - the order issued by the juvenile court judge confirming the abandonment and assigning parental authority to the private individual or the manager of the centre to whom the child has been entrusted.

Documents relating to the biological parents

• Residence certificate of the father and/or mother;
• Birth certificate of the father and/or mother;
• Marriage certificate issued by a Civil Registrar;
• A certificate of widowhood and death certificate or certificate of unmarried status;
• A certificate of destitution or unemployment certificate issued by the mayor;
• A certificate of non-liability for taxes issued by the tax authority;
• The consent to adoption by duly justified order of the juvenile court judge;
• The rescinding order issued by the juvenile court judge, where applicable.