INTERCOUNTRY ADOPTION

October 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. 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: Under Guyanese law only Guyanese nationals, former Guyanese nationals or non-Guyanese domiciled in Guyana may adopt Guyanese children.


PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Guyanese orphans:

Fiscal Year       Number of Immigrant Visas Issued
FY 2005                                    26
FY 2004                                    36
FY 2003                                    24
FY 2002                                    16
FY 2001                                    17


ADOPTION AUTHORITY IN GUYANA: Adoption Board, Ministry of Labor, Human Services and Social Security. Office hours are Monday – Friday 8-Noon and 1-4:30.  The office closes at 3:30 on Fridays. 

1 Water and Cornhill Streets
Georgetown, Guyana
Phone: 592-225-7450
Fax: 592-227-1308


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Adoption in Guyana is governed by the Adoption of Children Act, Chapter 46:04.  To adopt a child the applicant, or in the case of a joint application one of the applicants, must be 25 years old and be at least 21 years older than the child (18 years older if the child is a relative).   Single persons may adopt in Guyana.


RESIDENCY REQUIREMENTS:  Guyanese law dictates that Guyanese children can only be adopted by a person domiciled in Guyana; a Guyanese national who is resident outside Guyana; or a former Guyanese national who has acquired, by registration or other voluntary and formal act (including marriage), the citizenship of another country.  Non-Guyanese nationals who are not domiciled in Guyana cannot adopt Guyanese children.


TIME FRAME:  Adoptions in Guyana typically take 1 year to complete.


ADOPTION AGENCIES AND ATTORNEYS:   There are no private adoption agencies in Guyana.  A list of attorneys who can provide legal services related to adoption can be obtained from the U.S. Embassy in Georgetown or via the Embassy’s web site at: http://georgetown.usembassy.gov.  Please click on U.S. Citizen Services, then Region Specific Information to access a list of lawyers in Guyana.

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 GUYANA:  Attorneys determine the fees for adoption services rendered and may vary significantly among different attorneys.  No government fees are required.


ADOPTION PROCEDURES:  Prospective adoptive parents must apply in person to the Adoption Board (“the Board”).  Contact information for the Board is listed above.

The application form, First Schedule, consists of two parts, Form A and Form B.  Form A is completed and signed by the prospective adoptive parents and consists of biographical data for the applicants and prospective child and references for the prospective adoptive parents.  Form B is a medical certificate for the child or children to be adopted, which must be completed by a duly qualified medical practitioner.  Prospective adoptive parents must obtain these forms in person from the Board.

When the prospective adoptive parents file the First Schedule, they will receive an acknowledgement slip with an appointment date for the initial adoption interview.   The prospective adoptive parents, child, and biological parents must appear before the Board at the interview.  The appointments are usually scheduled within 4-6 weeks after the application is filed.  The Board will undertake a request for an expedited appointment but it is not guaranteed. 

In the event that the child's biological parents are deceased, proof must be provided to the Board in the form of a death certificate.  At the interview the child's birth certificate and most recent school records must be presented.  The prospective adoptive parents must provide their birth certificates, marriage certificate (if married) and national identity card or passport if non-Guyanese. Other documents such as a death certificate (in case of the death of a spouse) as well as divorce papers may also be required depending on the circumstances of each particular case. 

Consent of each birth parent or guardian of the child is required unless the birth parent or guardian has abandoned, neglected or mistreated the child, cannot be found or is incapable of giving consent.  In cases where the biological parent(s) cannot be found, advertisement of the pending adoption must be placed for three consecutive Saturdays in a daily newspaper.

A social worker interviews the birth parents, prospective adoptive parents, and children separately at the initial adoption interview.  At the conclusion of the interview, assuming a signed and witnessed consent is obtained from the biological parents, or, if absent, the Board is satisfied that the birth parent(s) cannot be located, the prospective adoptive parents are given an informational letter from the Board.  This letter provides instructions for the prospective adoptive parent’s attorney to begin preparing the court papers for the adoption process.  Two copies of this letter must also be filed in the High Court by the attorney for the applicants, along with an application to appoint the Board guardian ad litem of the child.  Obtaining the order may take up to six months depending on the attorney’s skill and the court calendar.

After the ad litem (or first order as it is also called) is granted, the Board conducts a more thorough investigation of the case, including a visit by an officer of the Board to the home of the prospective adoptive parents to ensure that the welfare of the child is being met.  In cases where the child does not live with the prospective adoptive parents, a probationary period is allowed for bonding between the two parties.  The bonding period must take place in Guyana.   A report of the investigation is prepared for the Board. 

In addition to the investigation by the Board the parents must obtain a home study.  The home study may be done locally or overseas by a certified social worker.

After the investigation is complete and the home study received by the Board, the case is placed on the Adoption Board’s calendar.  Cases are usually scheduled 2-3 months in advance.  The prospective adoptive parents, children, and birth parents are required to be present for the meeting.  The prospective adoptive parents must also be physically present in Guyana at least one month prior to the Board meeting.  The Adoption Board meets on the last Wednesday of every month, except December, at 1:30 pm.  The social worker’s report based on the investigation and home study is discussed and the Board seeks a consensus.  A decision in favor of the prospective adoptive parents would be followed within a week by a recommendation (Form C) of the case to the High Court for the making of a Final Order.  The Board can defer a case until it is fully convinced about the competence of the applicant, or can reject it because there are no justifiable grounds for the adoption.  At a later date the parties involved will be given notice to attend court before a judge in chambers for the issuance of the Final Order.  Once the Final Order is issued, a copy of the child’s Adoption Certificate can be obtained from the office of the Registrar General.

Chapter 46 on the Adoption of Children in the Laws of Guyana provides that children may be taken abroad for adoption pursuant to a license issued by any magistrate of the Georgetown Magisterial District.  While Chapter 46 also states that the Minister of Labour may make rules with respect to the application for and grant of licenses under this section, the Adoption Board reports that no such rules have been issued and no license has ever been granted for a child to be adopted abroad. 

Prospective adoptive parents should note that their presence is required at most stages during the process.


DOCUMENTS REQUIRED FOR ADOPTION IN GUYANA: Prospective adoptive parents are required to present certified copies of birth and marriage certificates, bank statements, employment verification, police clearance and a home study, and national identity cards or passports, if non-Guyanese.


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 AND CONSULATES OF GUYANA IN THE U.S.:

Embassy of Guyana
2490 Tracy Place, N.W.
Washington, D.C. 20008
Tel: (202) 265-3834
(202) 265-6900
Fax: (202) 232-1297

Consulate General of Guyana
370 7th Avenue, Room 402
New York, N.Y. 10001
Tel: (212) 947-5115
(212) 947-5116
Fax: (212) 947-5163

In addition, Guyana has honorary consuls in Los Angeles, California; Miami, Florida; East Chicago, Indiana; and Waco, Texas.


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 Adoptions 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 GUYANA: 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:

99/100 Young & Duke Streets
Kingston, Georgetown

Phone:  592 225 7965/7966
Fax:  592 227 0221
Email:   visageorge@state.gov
Website: http://georgetown.usembassy.gov


APPLYING FOR A VISA AT THE U.S. EMBASSY IN GUYANA:  The following is a guideline for U.S. citizens adopting a child in Guyana, with the intent of applying for an immigrant visa for the child to enter the United States. This process involves complex foreign 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 parent(s), and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Guyana 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.

U.S. Embassy Guyana: Prospective adopting parents should contact the U.S. Embassy in Georgetown by phone 592 225 7965/7966 or email – visageorge@state.gov as soon as they begin the adoption process to obtain information on applying for the visa. The Consular Section tries to work with adopting parents to schedule an appointment as expeditiously as possible, but we cannot guarantee an appointment if the adopting parents have not contacted us before they travel to Guyana. Once parents contact the Consular Section, they are sent a tip sheet on assembling documents for the visa appointment. These documents include: birth, marriage, and divorce certificates for adopting parents, a recently issued birth certificate for the child, Guyanese police certificate for children over age 16 (please note that children over the age of 16 are unlikely to meet the definition of an orphan as defined by the U.S. Immigration and Nationality Act, unless the child was adopted prior to age 16), visa photos for child, $335 for each visa, medical exams for the child, and I-864 Affidavit of Support from parents who will adopt the child in the U.S. (children adopted abroad by American citizens qualify for the Child Citizenship Act and do not require the I-864).

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


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 Guyana may be addressed to the U.S. Embassy in Kingston.  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 CSI 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/ .