Please go to the website of the U.S. State Department, at
http://travel.state.gov. Click on "Children and Family" at the top of the page. Then click on "Country Specific Information" under "International Adoption." Then click on "Tunisia." This will give you information regarding adoption from Tunisia.
One thing you will quickly see is that you have to be a Muslim to adopt from Tunisia. If you are Muslim, you can contact the Tunisian Embassy in the U.S. for more specific information on adopting a child. The State Department website gives the necessary contact information.
An experienced American immigration/adoption lawyer, who is familiar with issues regarding adoption from Islamic countries, should probably be able to help you complete an adoption from Tunisia. However, it will not be an easy matter.
In general, adoption from Islamic countries is often difficult, even for Muslims living in the U.S. The main reason is that Islam does not have the same view of adoption as Western society, and as American immigration law.
Under American law, adoption means that a child is totally and permanently relinquished by his/her birthparents, and takes on all the legal rights and responsibilities of a child born to the adoptive family. Shaaria, or Islamic law, forbids such a relationship. Instead of adoption, Shaaria supports a concept that Westerners would call guardianship or foster care.
In other words, Shaaria supports the notion that, even if birthparents cannot care for a child, they should remain his/her legal parents. The child should retain the birthparents' name and inheritance rights, and should receive guidance from his/her birthparents with regard to religious instruction and other matters. The child should also have the right to return to his/her birthparents, if circumstances change.
The person who takes in a child, under Shaaria, is honored. However, he/she is not considered the true parent of the child, in the way that he/she would be in the West. He/she is simply a guardian or foster caregiver, providing a home and an education for a child, but not having full parental rights.
As a result, some Muslim adoptions do not pass the tests required for a child to immigrate to the U.S. In general, the U.S. requires proof that the relationship with the birthparents has been severed and that the adoptive parents are, or will become, the full legal parents of the child.
However, the USCIS and State Department HAVE worked with some of the more liberal Muslim countries on arrangements that would allow certain children to be released to an American family under a decree of guardianship, for adoption in the U.S. This is probably what has happened with Tunisia, but you will need to work closely with a lawyer who understands this delicate issue, to make such an adoption happen.
In addition, some Muslim countries are not totally comfortable with the level of observance of people living abroad who purport to be Muslims. As an example, some of the countries that are governed strictly by Islamic law say that Muslim clerics in the U.S. are too liberal, and that it is too hard to raise a child as a true Muslim in this country. As a result, they will not allow Americans to adopt.
At the very least, you should understand that a judge in a more moderate Islamic country could require you to have references from Muslim clerics, who can speak to your level of observance, and whose credentials will be acceptable to the country.
As the State Department points out, not all children available for adoption in Tunisia -- or in any other country -- are eligible for immigration into the U.S. They must meet the requirements of U.S. law, in order to obtain an adoption visa.
As a result, you should become familiar with U.S. requirements by reading information on the USCIS website. You will quickly learn that any child must be considered an "eligible orphan", which means that he/she cannot have been residing with or cared for by two parents who are either married or living in a common-law relationship recognized by the country. He/she may have been abandoned, totally relinquished to an orphanage, or in the care of a single parent who cannot provide for the child at a level considered normal in the country.
Again, however, if you are working with an experienced immigration/adoption attorney, you should be able to ensure that any child who is identified for you will be able to meet U.S. immigration requirements.
Sharon