Guinea-Bissau is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). However, under the Intercountry Adoption Universal Accreditation Act of 2012 (UAA), which became effective on July 14, 2014, the requirement that adoption service providers be accredited or approved, and therefore meet the accreditation standards, which previously only applied in Convention cases, also applies in non-Convention (“orphan”) cases under section 101(b)(1)(F) of the Immigration and Nationality Act (INA). The UAA requires that an accredited or approved adoption service provider act as the primary provider in every non-Convention intercountry adoption case, and that adoption service providers providing any adoption services, as defined at 22 CFR Part 96.2, on behalf of prospective adoptive parents be accredited or approved, or be a supervised or exempted provider. See additional Department of State guidance and U.S. Citizenship and Immigration Services (USCIS) guidance for limited situations when a primary provider may not be required. Intercountry adoptions of children from non-Convention countries continue to be processed under the Orphan Process with the filing of the Forms I-600A and I-600. However, adoption service providers should be aware of the information on the USCIS website on the impact of the UAA on Form I-600A and Form I-600 adjudications, including the requirement that all home studies, including home study updates and amendments, comply with the home study requirements listed at 8 CFR 204.311, which differ from the orphan home study requirements that were in effect before July 14, 2014. Please see the USCIS adoption webpages for more information about the orphan adoption process.
U.S. citizens interested in adopting children from Guinea-Bissau should contact the adoption authority of Guinea-Bissau to inquire about applicable laws and procedures. U.S. citizen prospective adoptive parents living in Guinea-Bissau who would like to adopt a child from the United States or from a third country should also contact Guinea-Bissau’s adoption authority. See contact information below.
General Adoption Steps
If you receive permission from the adoption authority of Guinea-Bissau to pursue an intercountry adoption, below is the limited adoption information the Department has obtained from the adoption authority of Guinea-Bissau.
The PAPs must then adopt or obtain legal custody of the child in his or her country of residence in accordance with all applicable laws and regulations before filing the immigrant visa petition (Form I-600) with USCIS.
There are two types of adoptions in Guinea-Bissau: 1) simple adoption (adopcao restrita) and 2) full adoption (adopcao plena). While both simple adoption and full adoption are permissible in Guinea-Bissau, only children subject to a full and final adoption are generally eligible for an IR-3 visa. Prospective adoptive parents should be aware a child must also meet the definition of orphan under U.S. immigration law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.
Please see the USCIS adoption webpages for more information about the non-Convention (or orphan) adoption process.
Caution: Although U.S. citizens generally must follow the orphan adoption process to adopt a child from a non-Convention country, the Family-Based Petition Process (Form I-130) may be an option for U.S. citizens and lawful permanent residents to petition for their adopted child. There are significant differences between the orphan and the Family-Based Petition Process. For more information about specific Form I-130 requirements for adopted children, see the USCIS website and the USCIS Policy Manual, Vol. 5.
PLEASE NOTE: The United States does not have an embassy in Guinea-Bissau. All U.S. consular services are handled by U.S. Embassy Dakar.
