INTERCOUNTRY ADOPTION


GUINEA


January 2008


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: IV's cannot be issued in Guinea, however, U.S. citizens are encouraged to contact the U.S. Consular officials in Dakar, Senegal.

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 licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Guinea and applying for an immigrant visa for the child to come to the United States. This process involves complex Guinean and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parents(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Dakar, Senegal before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect that four immigrant visas have been issued to Guinean orphans in the last five fiscal years.

GUINEAN ADOPTION AUTHORITY: Adoption petitions are submitted to a Tribunal of First Instance or a Justice of the Peace. The Court of Appeals is the second resort. The Ministry of Justice grants their authority.

GUINEAN ADOPTION PROCEDURES: Those seeking to adopt should retain an attorney who is a member of the Guinean bar association. There are two types of adoptions in Guinea - perfect adoption and simple adoption. Both are open to Guineans and non-Guineans. A perfect adoption is irrevocable and should be advantageous to the child. In perfect adoptions, the adoptive relationship takes precedence over any biological relationship. In a simple adoption, the child may continue to have ties to his/her biological family and it is revocable. In both kinds of adoption, if the parents are alive, their consent is required. If both parents are dead, consent needs to be granted by the remaining family members (le Conseil famille). The initial request is made to the Tribunal of First Instance or a Justice of the Peace. The judgement is given after inquiry and debate in court chambers.

AGE AND CIVIL STATUS REQUIREMENTS: Anyone at least 35 years old may adopt another person if the difference in age between the two is at least 15 years. A couple may seek to adopt a minor child if one of the adopters is at least 35 years old and without children. Those seeking to adopt should not have a serious medical condition.

ADOPTION AGENCIES AND ATTORNEYS: There are no adoption agencies or groups that specialize in adoption in Guinea. The Embassy maintains a list of numerous attorneys practicing in Guinea.

DOCTORS: The U.S. Embassy in Conakry maintains current lists of doctors and sources for medicines, should either you or your child experience health problems while in Guinea

GUINEAN DOCUMENTARY REQUIREMENTS: The final request for adoption should include a copy of the child's birth certificate, identification for the prospective parents and the child, written justification for the adoption and a "certificate of domicile" verifying the potential prospective parent's place of residence.

U.S. IMMIGRATION REQUIREMENTS

A Guinea child, even if adopted by an American citizen, must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child . Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) having jurisdiction over their place of residence. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Dakar, Senegal. (The U.S. Embassy in Conakry does not issue immigrant visas). American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Conakry, Guinea or the U.S. Embassy in Dakar, Senegal for more information.

An Orphan . If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

  • The adoptive or prospective adoptive parent must be an American citizen;
  • The child must be under the age of 16 at the time an I-600 Petition is filed with the USCIS on his or her behalf;
  • If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;
  • If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;
  • The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by USCIS can be found on USCIS's web site at http://www.uscis.gov.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) office having jurisdiction over their place of residence in the United States. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Dakar, Senegal. .

Detailed information about filing these forms can be found on USCIS's web site at http://www.uscis.gov. Americans who have adopted or hope to adopt a child from Guinea should request, at the time they file these forms, that USCIS notify the U.S. Embassy in Dakar, Senegal as well as the U.S. Embassy in Conakry, Guinea as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an USCIS office in the US.

II. The Orphan Investigation

One part of the petition process that USCIS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. This investigation is performed by a consular officer at the time of the child's immigrant visa interview.

GUINEAN EMBASSY IN THE UNITED STATES:
Guinea Embassy
2112 Leroy Place NW
Washington, DC 20008
Tel: 202-483-9420
Fax: 202-483-8688.

U.S. EMBASSY IN GUINEA :
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:

Street address
2nd Blvd and 9th Ave
Kaloum, Conakry

Mailing Address
American Embassy
BP 603
Conakry, Guinea
Tel: (224) 41-15-20/1/3
Fax: (224) 41-15-22

Note: Visa issuance after the final interview now generally takes 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.

ADDITIONAL INFORMATION: 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 .

QUESTIONS: Specific questions regarding adoption in Guinea may be addressed to the Consular Section of the U.S. Embassy in Conakry. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, telephone 1-888-407-4747 with specific questions.

Information is also available 24 hours a day from several sources:
Telephone - Office of Children's Issues - Recorded information regarding changes in adoption procedures and general information, 1-888-407-4747.- State Department Visa Office - Recorded information concerning immigrant visas for adoptive children, (202) 663-1225.- Bureau of Citizenship and Immigration Services in the Department of Homeland Security - Recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet - The Consular Affairs web site , at: http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

USCIS internet web site

Other information:
Country Specific Information - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225.