INTERCOUNTRY ADOPTION


BAHAMAS, THE
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: Bahamian law allows adoption by any person with legal status in The Bahamas (even foreign tourists). However, the number of children is very small and the waiting list for prospective adoptive parents is very long. Therefore, The Bahamas follows an "unofficial regulation" whereby Bahamian citizens or legal residents are given preference in adopting children. Blood relatives of a child are especially given preference.

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 guideline for U.S. citizens who are interested in adopting a child in The Bahamas and applying for an immigrant visa for the child to return to the United States. This process involves complex Bahamian 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 The Bahamas 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 show that there were no immigrant visas given within the last five years.

BAHAMIAN ADOPTION AUTHORITY: The Bahamas Department of Social Services is the government office responsible for adoption.

BAHAMIAN ADOPTION PROCEDURES: The entire adoption procedure requires a minimum of three months and frequently takes longer. The Department of Social Services acts as the representative of the child's interests and a lawyer is required to guide the process through the Supreme Court.

It is not a violation of Bahamian law for a parent or legal guardian to remove a child from The Bahamas for adoption elsewhere. A third party may legally remove the child provided the parent(s) or guardian has given consent.

AGE AND CIVIL STATUS: Children may be adopted by foreigners, if they are orphans (both or only known parent deceased), if they have been abandoned (the court must be satisfied that parents cannot be found), or released for adoption by their parents or legal guardian (if the child was born out-of-wedlock, only the mother needs to release the child for adoption). Children are required to be adopted in The Bahamas, unless the guardian (ad litem) grants permission otherwise. There is no age limit set under the adoption regulations. Single people may adopt, as well as married couples.

ADOPTION AGENCIES AND ATTORNEYS: The Embassy maintains a separate list of Lawyers who practice in the Turks & Caicos Islands.

NOTE : The American Embassy assumes no responsibility for the professional ability or integrity of the persons or firms whose names appear in the attached list. There are many lawyers practicing in The Bahamas; this list includes only those who wish to have their names appear. The names are arranged alphabetically and the order in which they appear has no other significance.

NEW PROVIDENCE ISLAND

K. Neville. Adderley- Chancery Law Associates
P.O. Box N-8199
680 East Bay St.
Nassau, Bahamas
Tel: (242) 356-6108
Fax: (242) 356-6109
Consultation Fee: $250.00 per hour

J. Henry Bostwick- Bostwick, Bostwick & Co.
P. O .Box N-1605
#50 George St.
Nassau, Bahamas
Tel: (242) 322-2038 or (242)322-2039
Fax: (242) 328-2521
Consultation Fee: $500.00 per hour

Chelon M. Carr- Lenox Paton Attorneys-At-Law
P. O. Box N-4875
Devonshire House, Queen St.
Nassau, Bahamas
Tel: (242)328-0563
Fax: 242-328-0566
Consultation Fees: $150- $350 per hour.

Kenred M.A. Dorsett- Lenox Paton Attorneys-At-Law
P. O. Box N-4875 Devonshire House, Queen St.
Nassau Bahamas
Tel: (242) 328 0563
Fax: (242) 328-0566
E-mail address: kdorsett@bahamas.net.bs
Consultation Fees $200. per hour

Desmond Edwards, JP- Desmond Edwards & CO
P. O. Box N-3334
Smith's House, Shirley St.
Nassau, Bahamas
Tel: (242) 325-3822
After Hours Tel: (242) 326-0212
Fax: (242) 322-4389
E-mail address: clekasila@msn.com
Consultation Fee: $150 per hour.

Thomas Arlington Edison Evans, QC- Evans & CO
P. O. Box N- 9298
Samuel H. Evans House, Shirley & Christie St.
Nassau, Bahamas
Tel: (242) 328-8510-1, (242) 322-5178-9
After Hours Tel: (242) 324-1810
Fax: (242) 322-5942
Consultation Fee: $200 per hour

Dr. Dexter Reno Johnson- Legal Affiliates & Associates LTD.
P.O. Box EE 16123
2 nd Floor, The Malcolm Building
Corner of Bay St. & Victoria Ave.
Nassau, Bahamas
Tel: (242) 328-0124
After Hours Tel: (242) 324-3328.
Fax: (242) 326-4752
E-mail address: tereno49@batelnet.bs
Consultation Fee: $200 per hour

Michael H. Kemp- Michael H. Kemp & CO
P.O. Box N-355
East St. South
Nassau, Bahamas
Tel: (242) 325-8730
After Hours Tel: ( 242) 340-7150 (PAGER)
Fax: (242) 328-4908
E-mail address: mikemp@100Jamz.com
Consultation Fee: $150 per hour

Caryl A.E. Lashley- Dupuch & Turnquest &CO
P. O. Box N- 8181
308 East Bay St.
Nassau, Bahamas
Tel: (242) 393-3226-9
After Hours Tel: (242) 327-0377
Fax: (242) 393-6807
E-mail address: clashley@bahamas.net.bs
Consultation Fee: $250 per hour

Frederick A. Mitchell, Jr- Gwendolyn House Chambers
P. O. Box N- 3928
Dowdeswell St.
Nassau, Bahamas
Tel: (242) 356-2038
Fax: (242) 356-2039
E-mail address: gwendhse@batelnet.bs
Consultation Fee: $200 per hour

Lennox M. Paton- Lennox Paton Counsel & Attorneys-At-Law
P.O. Box N-4875
Devonshire House, Queen St.
Nassau, Bahamas
Tel: (242) 328-0563
Fax: (242) 328-0566
E-mail address: info@lennoxpaton.com
Consultation Fee: $400 per hour

Claire L. Hepburn- Graham, Thompson & CO
P.O. Box N-272
Sassoon House, Shirley St. & Victoria Ave.
Nassau, Bahamas
Tel: (242) 322-4130-4
After Hours Tel: (242) 361-4437
Fax: (242) 328-1069, (242) 356-9368, (242) 356-9378
Consultation Fee $300 - $400

Jeanne I. Thompson- Counsel & Attorney-At- Law
P.O. Box N-4375
#42 Queen St.
Nassau, Bahamas
Tel: (242)322-2605, (242)326-5037, (242)322-3954
Fax: (242)356-6667
Consultation Fee: $150 per hour

Edward B. Turner- Butler, Turner, Rose & CO
P.O. Box N-4916
Bay & Deveaux St.
Nassau, Bahamas
Tel: (242)325-1576-7
After Hours Tel: (242)393-3579
Fax: (242)325-1578
Consultation Fee: $250 per hour

Tanya N. Wright- Serville & CO
P.O. Box N-7525
#10 Collins Ave.
Nassau, Bahamas
Tel: (242) 322-8956-7
Fax: (242) 328-8958
Consultation Fee: $175.00 per hour

FAMILY ISLANDS, BAHAMAS

Paul Andrew Wallace- Whitfield- Wallace Whitfield & CO
P.O. Box F-42535
Logwood Rd. & Cedar St.
Freeport, Grand Bahama, Bahamas
Tel: (242) 352-8156
Fax: (242) 352-8159
Consultation Fee $150 per hour

Callenders & CO
P.O. Box F- 40132
Suite C, Regent Center, Mall Dr.
Freeport, Grand Bahama, Bahamas
Tel: (242)352-7458
Fax: (242)352-4000

Bostwick & Bostwick
P. O. Box F-3973
27B Kipling Building
Freeport, Grand Bahama, Bahamas
Tel: (242)352-3848
Fax: 352-3846

Rhonda L.C. Hull - L.C. Hull & Co.
P.O. Box AB-20415
Don Mackay Blvd.
Marsh Harbour, Abaco, Bahamas.
Tel : (242) 367-2030 / 2015
Fax : (242) 367-2018
rhull@LcHull.com
Consultation Fee: $150 per hour

Frederick F. Gottlieb- Frederick F. Gottlieb & CO
P.O. Box AB 20405
Marsh Harbour, Abaco, The Bahamas
Tel: (242) 367-3102
After Hours Tel: (242)367-2216
Fax: (242)367-3118
Consultation Fee: $300 per hour

TURKS & CAICOS ISLANDS

Barry T. Dempsey- Finbar F. Dempsey & CO
P.O. Box 70
Cockburn House, Grand Turk, Turks & Caicos Islands, British West Indies
Tel: (649) 946-2245
Fax: (649) 946-2758
E-Mail address: ffdlawco@tciway.tc

Ariel Misick- Misick & Stanbrook
P.O Box 127
Town Centre Mall, Providenciales, Turks & Caicos Islands, British West Indies
Tel: (649) 946-4732/3
Fax: (649) 946-4734
E-mail address : misick@tciway.tc
Consultation Fees: $150- $300 per hour.

Hugh D. McLean- McLean, McNally
P.O. Box 62
2002 Leeward Highway, Provdenciales. Turks & Caicos Islands, B.W.I
Tel: (649) 946-4217
Fax: (649) 946-4484

Carlos W. Simons- Miller, Simons, and O’Sullivan
P.O. Box 260
Butterfield Square, Providenciales, Turks & Caicos Islands, B.W.I.
Tel: (649) 946-4650/59
After Hours Tel:(649)-946-5566
Fax: (649) 946-4663
E-mail address: mslaw@tciway.tc
Consultation Fee: $225 - $310 per hour

Hugh G. O’Neil- Hugh G. O’Neil & CO
P.O. Box 267
BCN Cape Building
Leeward Highway, Providenciales, Turks & Caicos Islands, B.W.I.
Tel: (649) 946-4514
Fax:(649) 946-4955
E-mail address: peters@tciway.tc
Consultation Fee: $250 - $300 per hour

NOTE: This law firm does not accept instructions in relation to prosecution of narcotics charges of any description; weapons offenses of any description nor defend cases of theft, fraud or embezzlement.

William Kinloch McCollum- McCollum & Newlands
P.O. Box 678
Market Place, Suite C12
Leeward Highway, Providenciales, Turks & Caicos Islands, B.W.I.
Tel: (649) 946-3216
After Hours Tel: (649) 946-5211
Fax: (649) 946-4939
E-mail address: coralie@tciway.tc
Consultation Fee: $300 per hour

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

BAHAMIAN DOCUMENTARY REQUIREMENTS: The following is a list of the required documents that are provided by the local Bahamian attorney, which will include the following:

  • Originating summons
  • Statement of support
  • Affidavit of support application (court order)
  • Summons for appearance
  • Undertakings of Court
  • Order (issued by court)
  • Memo of appearance
  • Report from guardian ad litem
  • Granting of adoption

*The list of documents needed for the prospective adoptive parents to complete the adoption process will be in the hands of the attorneys*

U.S. IMMIGRATION REQUIREMENTS

A Bahamian child 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 1 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 in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Nassau. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Nassau for more information.

1 A child adopted at age 16 or 17 will also qualify, provided he or she was adopted together with a natural sibling who was under age 16.

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 1 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. 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 Nassau. 2

2 If a married couple is adopting the child and only one of the parents will travel to The Bahamas, that parent must be an American citizen. REMEMBER, both parents must still sign the original I-600.

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 The Bahamas should request, at the time they file these forms, that USCIS notify the U.S. Embassy in Nassau 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. 

BAHAMIAN EMBASSY IN THE UNITED STATES:  

Embassy of the Commonwealth of the Bahamas
2201 Wisconsin Ave. NW
Washington, D.C. 20008
Tel: 202-319-2660

U.S. EMBASSY IN THE BAHAMAS:  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:

U.S. Embassy
Queen Street (P.O. Box N-8197)
Nassau, Bahamas
Tel: 242-322-1181 and 242-328-2206

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.

FEES: The lawyer's fee is usually between $1000 - $3000

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 adoptions in The Bahamas may be addressed to the Consular Section of the U.S. Embassy. 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 adoption 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 web site : http://www.uscis.gov.

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 through the Internet web site, as above.

July 2001