INTERCOUNTRY ADOPTION


BOTSWANA
June 2006

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. Federal 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.

PLEASE NOTE:  Local law and practice requires a lengthy period of residence in Botswana for both adoptive children and parents during the process.  Parents must remain resident with the child in Botswana during a period of foster care and the adoptive child must remain resident in Botswana for one year following issuance of an adoption decree.  

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics indicate that only one immigrant visa to an orphan from Botswana has been issued in the last five fiscal years.

ADOPTION AUTHORITY IN BOTSWANA:

Ministry of Labour and Home Affairs
Private Bag 002
Gaborone, Botswana
Tel: +267 3611100
Fax: +267 3613584

Local magistrate’s courts are delegated responsibility for overseeing the adoption process.  Social workers submit their reports to the court for evaluation and the magistrate is designated the responsibility of executing the adoption order at the end of the process.

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Prospective adoptive parents must be 25 years old to adopt and if the child is over sixteen (16), the adopting parent(s) must be at least 25 years older than the child.  The law permits single individuals to adopt children as well as married couples.  Note: U.S. immigration law requires an orphan be under the age of sixteen to qualify for an immigration visa.

RESIDENCY REQUIREMENTS:  While it is not a pre-requisite to be a resident of Botswana, the law requires prospective adoptive parents to reside with the child in Botswana for a period of foster care lasting several months at minimum, but often over a year.  The exact period of foster care that must take place in Botswana is at the discretion of local magistrate’s courts and is determined on a case-by-case basis.  Following a final adoption order, the child must remain resident in Botswana for a period not less than one year.  As a result, the parents must also be resident.  Adoptive parents need not be citizens of Botswana; however, they must have lawful resident status in the country during the process. 

TIME FRAME:  Adoptions in Botswana are not final until the adoptee has lived with the prospective parents in Botswana.  It is common for magistrate’s courts to require at least a one-year period of foster care, and thus residency in Botswana.  Prospective adoptive parents must be present in Botswana to petition the court for an adoption order.  Accounting for other residency requirements, it would be unlikely for an adoption to be finalized and a United States visa issued to the adopted child in less than two (2) years from the time a child is identified.

ADOPTION AGENCIES AND ATTORNEYS: The law does not require the services of an adoption agency to locate a child or take part in the adoption process.  Though not required, an attorney may be hired for representation before a local magistrates’ court.  A list of attorneys in Botswana may be found on the US Embassy, Gaborone web page at http://gaborone.usembassy.gov.  No attorneys on this list specialize in adoption.

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 Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES IN BOTSWANA: The fees involved in the adoption process vary too greatly to be quantified with accuracy.  Most costs would be incurred as a result of court and administrative fees by national and local government and would be determined by the length of time the court requires “foster care” by prospective parents.  Local courts have the discretion to evaluate each case uniquely.         

ADOPTION PROCEDURES:
  1. Adoptive family identifies a child to be adopted.  This is most commonly accomplished by surveying orphanages.  Botswana does not have a formal agency that is responsible for placing orphans or matching children with prospective parents.  An adoptive child’s family or guardian must give written consent for the child to be adopted.
  2. Adopting family applies to the local magistrates’ court for the legal adoption proceedings to begin. Private individuals and foreign residents or citizens are all permitted to petition the court.  Anyone applying to the court can also do so through legal representation.
  3. Magistrate’s court decrees a period of “foster care” during which time the adoptee lives with the prospective adoptive family in Botswana.  While the law does not prescribe a minimum or maximum, this period commonly lasts from a few months to two years and is at the discretion of the magistrate’s court.  During the “foster period,” social workers from the local city council will make home visits to chart the progress of the relationship and standard of care provided to the child.  Magistrate’s courts are located in most localities throughout Botswana.
  4. At the completion of the foster care period, the social workers must submit their reports to the magistrate’s court.  The court then makes a final ruling on whether or not the child may be adopted by the prospective family.  If the decision is favorable to the prospective parents, the court issues a final adoption decree.
  5. After the magistrate approves the adoption, the child must live in Botswana in the custody of the adopting family for one year.  The child may leave on vacation during that time with the consent of the court and/or the Minister of Local Government.  The child may also be issued a passport in his or her birth name unless the adoptive parents have petitioned the court for a change of surname and received a favorable ruling. 
  6. At the end of the one-year residency period in Botswana, the child and adopting family may relocate permanently outside of Botswana.

DOCUMENTS REQUIRED FOR ADOPTION IN BOTSWANA:

There is no list of required documents established by the Government of Botswana.   However, magistrate’s courts may request certain documents at will.  Those seeking to adopt in Botswana should be prepared with standard U.S. civil documents such as birth certificates, marriage certificates, divorce decrees and related court documents, and police records for places of residence.  All U.S. documents would need to be certified by local officials in the U.S. or by a U.S. consular officer abroad.  Botswana is not a party or signatory to the Hague Legalization Convention on adoptions.

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

EMBASSY OF BOTSWANA IN THE UNITED STATES:

Embassy of the Republic of Botswana
1531 New Hampshire Avenue, NW
Washington, DC  20008
Tel: +1 (202) 244-4990
Fax: +1 (202) 244-4164
http://www.botswanaembassy.org/

         
                     U.S. IMMIGRATION REQUIREMENTS

Prospective adopting parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting 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 “International 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 BOTSWANA: 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 of the U.S. Embassy in Gabarone is located at:

Embassy Enclave, (off Khama Crescent)
consulargaboro@state.gov
+267 3953982 x5324/532

APPLYING FOR A VISA AT THE U.S. CONSULATE GENERAL IN JOHANNESBURG, SOUTH AFRICA: 

The United States Embassy in Gaborone, Botswana does not process or issue immigrant visas, though it does accept the I-130 petitions necessary to begin the immigrant visa process for those resident in Botswana.  Immigrant visas and I-600A Applications for Botswana are processed at the U.S. Consulate General in Johannesburg, South Africa. 
Petitions can be filed at the Embassy in Botswana and will be forwarded to Johannesburg USCIS office for processing. If approved, the case is referred to the consular section in Johannesburg. The applicants will receive a phone call with the next steps. A series of forms, called the Packet 3, must be completed. Once the applicant has completed all the requirements in the Packet 3, he or she must call the Consulate to schedule an appointment. A consular officer conducts the immigration interview and, if approved, issues the visa. At the time of the interview the orphan and new parents must appear in Johannesburg. The entire process takes some time. Processing can take several months. All adoption cases must include full documentation regarding the child’s eligibility for adoption and immigration abroad.

Consulate General of the United States of America
1 River St
Killarney

P.O. Box 1762
Houghton, 2041
South Africa
Tel: (27-11) 644-8000
Fax: (27-11) 646-6916
Email: consularjohannesburg@state.gov


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 Botswana may be addressed to the Consular Section at the U.S. Embassy in Gabarone.  Immigrant visa questions may be addressed to the U.S. Consulate General in Johannesburg, South Africa.  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.

Useful information is also available from several other sources:

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.
• Country Specific Information: 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 Country Specific Information 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 Country Specific Information for that country, the State Department may issue a Travel Alert 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/.