Bermuda 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). Please see more detail below in the Who Can Adopt, Who can be adopted, and How to adopt for more details on the intercountry adoption steps involving Bermuda.

The Bermuda courts have jurisdiction to issue a full and final adoption order if:

a. The child to be adopted is a resident of Bermuda, was born in Bermuda or possesses Bermudian status, is deemed to possess Bermudian status or holds a Bermuda permanent resident certificate.

b. The person having parental responsibility for the child is a resident of Bermuda or possesses Bermudian status, is deemed to possess Bermudian status, is a spouse of a person who possesses Bermudian status or holds a Bermuda permanent resident certificate.

c. The prospective adoptive parent is a resident of Bermuda who possesses Bermudian status, is deemed to possess Bermudian status, is a spouse of a person who possesses Bermudian status or holds a Bermuda permanent resident certificate.

If the prospective adoptive parent is a U.S. citizen but is not a resident of Bermuda or does not possess Bermudian status, the Bermuda courts have the jurisdiction to release the child for the purpose of emigration and adoption in a foreign jurisdiction.

We are aware there are also prospective adoptive parents who reside abroad who wish to adopt a child from the United States. Please see our section on Adoptions from the United States for more information on the process for adopting a child from the United States.

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.

To bring an adopted child to the United States from Bermuda, you must meet certain suitability and eligibility requirements. USCIS determines who is suitable and eligible to adopt a child from another country and bring that child to live in the United States under U.S. immigration law. For more information, please see USCIS webpages on suitability determinations and USCIS policy guidance on adoptive parent suitability determinations.

Additionally, a child must meet the definition of an orphan under U.S. immigration law in order to be eligible to immigrate to the United States with an IR-3 or IR-4 immigrant visa.

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.

In addition to being found suitable and eligible to adopt by USCIS, prospective adoptive parents seeking to adopt a child from Bermuda must meet the following requirements:

• Minimum Residency: No minimum time is given, but non-residents of Bermuda or those without Bermudian status are not able to complete a full and final adoption in Bermuda.
• Age of Adopting Parents: Minimum of 18 years
• Marriage: A married couple who have been living together for a continuous period of at least one year immediately prior to their application or a single person may adopt.
• Minimum Income: None

Under the INA 101(b)(1)(F), a child can be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents, or in the case where there is a sole or surviving parent who is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption.

In addition to qualifying as an orphan under U.S. immigration law, the child must also meet the following requirements of Bermuda:

• Eligibility for adoption: Bermuda requires that a child be in the care of Bermuda’s Child & Family Services before they can be adopted. Bermuda may consider granting non-Bermuda residents custody to the child. However, for the child to obtain immigration benefits based on a custody order, it must be clear that the order irrevocably releases the child for emigration and adoption. Bermuda has an extremely low number of children eligible to be adopted; the majority of children who are adopted are adopted by their stepparents.
• Age of Adoptive Child: No minimum age, but the adoption must be completed before the child turns 18. Please note that for a child to meet the definition of an orphan under U.S. immigration law, a Form I-600, Petition to Classify Orphan as an Immediate Relative, must be filed on the child’s behalf while the child is under the age of 16 (or under the age of 18 if the child is the birth sibling of another adopted child who meets the age and other requirements to immigrate based on adoption by the same adoptive parent(s)). Please see the USCIS website and Form I-600 instructions for special rules on filing dates for children aged 15-16 or siblings under 18.

Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are eligible for adoption. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to the adoption of their child(ren).

Bermuda’s Adoption Authority
Bermuda Child & Family Services

The Process
The process for adopting a child from Bermuda generally includes the following steps:

1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider
2. Apply to USCIS to be Found Suitable and Eligible to Adopt (Form I-600A) (or file a Form I-600 combination filing to have USCIS review both your suitability and eligibility as an adoptive parent and the child’s status as an orphan at the same time)
3. Apply to Bermuda’s Authorities to Adopt, and to be Matched with a Child
4. Adopt the Child in Bermuda or Obtain Legal Custody of the Child for Purposes of Emigration and Adoption
5. Apply for Your Child to be Found Eligible to Immigrate to the United States as an Orphan (Form I-600)
6. Secure a U.S. Immigrant Visa if You Intend to Reside with Your Child in the United States
7. Obtain U.S. Citizenship for Your Child

1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider that has been authorized by the Government of Bermuda

The accredited agency or approved person you identify as the primary provider is responsible for:

• Ensuring that all six adoption services defined at 22 CFR 96.2 are provided consistent with applicable laws and regulations;
• Supervising and being responsible for any supervised providers, and otherwise complying with the requirements regarding the provision of adoption services using other providers.  (see 22 CFR 96.14); and
• Developing and implementing a service plan in accordance with 22 CFR 96.44.

Only accredited agencies, approved service providers, supervised providers, exempted providers, public domestic authorities, and public foreign authorities may provide intercountry adoption services and that has been authorized by the Government of Bermuda.

For more information on primary providers and the UAA, please see Universal Accreditation Act of 2012. See additional guidance for limited situations when a primary provider may not be required. Learn more about Agency Accreditation.

2. Apply to USCIS to be Found Suitable and Eligible to Adopt (or file a Form I-600 combination filing to have USCIS review both your suitability and eligibility as an adoptive parent and the child’s status as an orphan at the same time)

In order to adopt a child from Bermuda, you will need to meet the requirements of the Government of Bermuda and U.S. immigration law.

To meet U.S. immigration requirements, you may choose to file a Form I-600A, Application for Advance Processing of an Orphan Petition, with USCIS, to be found suitable and eligible to adopt. Please see the USCIS website for more information about filing options. If you have already identified the child you wish to adopt, you may alternatively choose to file the Form I-600 petition for the child and include all the required supporting documentation for the Form I-600A application (i.e. an approved home study) so USCIS can make a determination on your suitability and eligibility to adopt before reviewing the child’s eligibility as an orphan. Please see USCIS webpages on suitability determinations and USCIS policy guidance on adoptive parent suitability determinations. Unless an exception applies, the home study must be prepared by a person who is authorized under 22 CFR 96 to prepare home studies and who holds any license or other authorization required by the law of the jurisdiction where the home study is conducted (unless a public domestic or public foreign authority). The home study must comply with the requirements in 8 CFR 204.311 and USCIS policy.

3. Apply to Bermuda’s Authorities to Adopt, and be Matched with a Child

If you are found suitable and eligible to adopt under U.S. immigration law, Bermuda requires you to submit an adoption application to the Child and Family Services of Bermuda to be found eligible to adopt by Bermuda.

No less than 24 months before the child’s 18^th birthday, the following must occur:

a. Make a request in writing for permission to the Director of Child & Family Services to place a child overseas for adoption

b. Prospective adoptive parents must register in Bermuda’s Adopters Register (security vetting required) and complete an Adoption Package. The Adoption Package contains the following documents and must be returned to the Director of Child & Family Services:

• The Pre-Home Study Information
• Getting to Know You Document
• Medical Report on Prospective Adoption Parents(s)
• Financial Report on Prospective Adoption Parent(s)
• Three Reference Letters for Prospective Adoptive Parent(s)
• Medical Report of Child of Prospective Adoptive Parent(s), if application
• Release of Information – Prospective Adoptive Parent(s)

c. The Director shall request a public authority or accredited body in the country in which the prospective adoptive parents are resident for the assistance of that authority to complete a home study and investigation.

The competent adoption authority or other authorized entity in Bermuda will review your adoption dossier and, if an appropriate match is found, may provide you with a referral. We encourage families to consider consulting with a medical professional and their adoption service provider to understand the needs of the specific child, but you must decide for yourself whether you will be able to meet the needs of and provide a permanent home for a specific child. You must also ultimately adhere to the USCIS’ suitability determination (i.e. typically the Form I-600A approval notice) with respect to the number of children you are approved to adopt and the characteristics of the child(ren) (such as age, gender, nationality, and/or special need, disability, and/or impairment) that you are approved to adopt. Learn more about Health Considerations

The child must be eligible to be adopted according to Bermuda’s requirements, as described in the Who Can Be Adopted section. The child must also meet the definition of an orphan under U.S. immigration law.

4. Adopt the Child in Bermuda or Obtain Legal Custody of the Child for Purposes of Emigration and Adoption

• Role of Child and Family Services: Accepts the adoption application and coordinates with ASPs to complete necessary home studies and investigations. Counseling services are provided through the Counseling and Life Skills Department of Bermuda’s Child & Family Services or through a referral to private therapists.
• Role of the Court: Approves or denies the final adoption application and issues the adoption decree. Prospective adoptive parents who do not possess Bermudan residence or status must apply to Bermuda’s Family Court for a court order granting them permission to transfer the child overseas for the purpose of adoption, personally appear in court for the hearing, submit three placement reports to the Director of Child & Family Services over a six month period or every two months until the adoption order is finalized, and provide Bermuda’s Family Court a certified copy of the final adoption order not later than three months from the date of the adoption order.
• Role of Accredited or Approved Adoption Service Providers: As noted above, any agency or person providing an adoption service on behalf of prospective adoptive parents in any non-Convention intercountry adoption case must be accredited or approved or be a supervised or exempted provider.
  
  Adoption service means any one of the following six services, 22 CFR 96.2 Definitions:
  • Identifying a child for adoption and arranging an adoption;
  • Securing the necessary consent to termination of parental rights and to adoption;
  • Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study;
  • Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child;
  • Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or
  • When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement.

Note: See additional guidance for limited situations when a primary provider may not be required.

• Time Frame: Intercountry adoptions in Bermuda may take approximately six months or more to complete.
• Adoption Fees: We encourage prospective adoptive parents to obtain detailed receipts for all fees and donations paid, either by them directly or through their U.S. adoption service provider, and to raise any concerns regarding any payment that you believe may be contrary to U.S. law, or the law of Bermuda with your adoption service provider, and, when appropriate, through the Complaint Registry. Improper payments violate applicable law, or create the appearance of buying a child, and could put all future adoptions in Bermuda at risk. The Foreign Corrupt Practices Act, for instance, makes it unlawful to make payments to foreign government officials to assist in obtaining or retaining business. Further, the UAA and IAA make certain actions relating to intercountry adoptions unlawful, and subject to civil and criminal penalties. These include offering, giving, soliciting, or accepting inducement by way of compensation intended to influence or affect the relinquishment of parental rights, parental consent relating to adoption of a child, or a decision by an entity performing functions as a competent authority, or to engage another person as an agent to take any such action.
  
  In the adoption services contract that you sign at the beginning of the adoption process, your adoption service provider will itemize the fees and estimated expenses related to your adoption process.
  
  Documents Required:
• Insurance card
• Birth certificates for all parties
• Marriage certificate (where applicable)
• Divorce certificate (where applicable)
• Bank account and credit card statements
• Bank reference letter
• Verification of medical and life insurance
• Verification of home/renter’s insurance
• Criminal history check and child abuse clearance check for all countries resided in from age 18 to current

Note: Additional documents may be requested.

• Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. The U.S. Department of State’s Authentications Office has information on the subject.

5. Apply for Your Child to be Found Eligible to Immigrate to the United States as an Orphan

After you finalize the adoption in Bermuda, USCIS must determine if the child meets the definition of an orphan under U.S. immigration law in order for the child to immigrate to the United States. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative, on behalf of the child and unless a limited exception applies, you must identify a primary provider.

If you have a valid Form I-600A approval, you may file your Form I-600 petition in the United States with the USCIS National Benefits Center, or at the U.S. Consulate in Hamilton, Bermuda. Please see the USCIS website for more information about filing options.

When a Form I-600 petition is adjudicated by USCIS in the United States, the consular section in Hamilton, Bermuda, must complete a Form I-604, Determination on Child for Adoption (sometimes informally referred to as an orphan determination), to verify the child’s orphan status.

When a Form I-600 petition is filed with the Consulate’s consular section, the consular officer must complete the Form I-604, Determination on Child for Adoption, to verify the child’s orphan status.

Conducting the Form I-604 determination is a critical part of the non-Convention adoption process. It can take months to complete, depending upon the circumstances of your case. Consular officers appreciate that families are eager to bring their adopted child home as quickly as possible. Some of the factors that may contribute to the length of the process include prevailing fraud patterns in the country of origin, civil unrest or security concerns that restrict travel to certain areas of the country, and the number of determinations performed by available staff. Consular officers make every effort to conduct them as quickly and thoroughly as possible. You are advised to keep your travel plans flexible while awaiting the results.

6. Secure a U.S. Immigrant Visa if You Intend to Reside with Your Child in the United States

Once your adoption is complete and the Form I-604 determination has been completed, finding that your child meets the legal definition of an orphan for immigration purposes, there are a few more steps to take before your child can enter the U.S.

Your child will need an immigrant visa if you intend to reside in the United States with your child. If instead you intend to continue residing overseas with your child but still seek naturalization of your child by application (Form N-600K), you will not need an immigrant visa, but you may need a different type of visa to complete the process. Please discuss this with the consular officer handling your case and consult the USCIS website for more information.

You need to obtain three documents before you secure a visa so your child can travel to the United States:

Birth Certificate
You will need to obtain a new or updated birth certificate for your child.

If you have finalized the adoption in Bermuda, you will first need to apply for a new birth certificate for your child with your name on it.

If you have been granted legal custody for the purposes of emigration and adoption of the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name.

To obtain a Bermuda birth certificate for your child, send the request to:

Bermuda Registry General
30 Parliament Street
Hamilton HM 12
Bermuda

Bermuda Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Bermuda.

To obtain a Bermuda passport for your child, contact:

Bermuda Department of Immigration
30 Parliament Street
Hamilton HM 12
Bermuda

U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child and you have filed Form I-600, you will then need to apply for a U.S. immigrant visa for your child from the U.S. Consulate in Hamilton if you intend to bring your child to reside in the United States with you. This immigrant visa allows your child to travel home with you and be admitted to the United States as your child. As part of this process, you must provide the consular officer with the Panel Physician’s medical report on the child. Read more about the Medical Examination.

You must complete an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC) after receiving a letter from the National Visa Center (NVC) confirming receipt of the provisionally approved Form I-800 petition and assignment of a case number and an invoice ID number. Print and bring the DS-260 confirmation page to the visa interview. Review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact NVC at NVCAdoptions@state.gov if you have questions about completing the online DS-260 form.

Upon receipt of the case at post, the Consular Section generally notifies the petitioner. Visa issuance after the final interview generally takes 24 hours. It is not usually possible to provide the visa to adoptive parents on the same day as the immigrant visa interview. You should verify current processing times with the U.S. Consulate in Hamilton before making final travel arrangements. Additional information on immigrant visa processing can be found on our website.

If you will reside outside the United States with your child, you should contact the adoption authority or competent authority where you reside for additional information about how to bring your child to that country.

7. Obtain U.S. Citizenship for Your Child

If you obtain an immigrant visa for your child, USCIS will mail your child either a permanent resident card (green card), or a Certificate of Citizenship, after your child enters the United States. If you plan to reside outside the United States with your child (and, therefore, may not benefit from an immigrant visa for your child), please see the relevant section below.

For adoptions finalized abroad before the child’s admission into the United States:
A child who was adopted abroad and has satisfied Immigration and Nationality Act (INA) 101(b)(1)(E), INA 101(b)(1)(F), or INA 101(b)(1)(G) requirements, who is residing in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence generally will acquire U.S. citizenship after admission if the child is under the age of 18 when these conditions are met.

Depending on the visa your child receives, their age, and the other INA 320 requirements, you may not need to take any additional action for your child to acquire U.S. citizenship. However, if your child does not meet the requirements of INA 320 at the time of admission into the United States, you may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met. More information is available on the USCIS website.

For adoptions not finalized until after the child’s admission to the United States:
If the adoption is not finalized before the child is admitted to the United States, the child’s adoptive parent(s) must complete the adoption (or re-adoption or obtain judicial recognition of the foreign adoption) in the United States before the child turns 18 for the child to automatically acquire U.S. citizenship (if the child otherwise meets the requirements of INA 320). You may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met. More information is available on the USCIS Fact Sheet: Securing U.S. Citizenship for Your Child.

If you reside outside the United States with your child, you may file a Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322 with USCIS to obtain a Certificate of Citizenship for your child if your child satisfies the requirements of INA 322. Note: If you are a military service member or U.S. government employee who chooses to seek an immigrant visa for your child versus completing the Form N-600K process, you may need to use Form N-600 to apply for a Certificate of Citizenship. Please note, however, that USCIS cannot mail Certificates of Citizenship abroad for children who acquire citizenship under INA 320.

Read more about INA 320 and 322 in the USCIS Policy Manual and USCIS website U.S. Citizenship for an Adopted Child.

Applying for Your U.S. Passport
U.S. citizens are required to enter and depart the United States on a valid U.S. passport. Once your child acquires U.S. citizenship, s/he will need a U.S. passport for international travel. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.

Getting or renewing a passport is easy. The Department of State’s Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print all in one place.

Obtaining a Visa to Travel to Bermuda
In addition to a U.S. passport, you may also need to obtain a visa. Where required, visas are affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Bermuda, see the Department of State’s country page.

Staying Safe on Your Trip
Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country.  The Department of State provides country information for every country in the world about various issues, including health conditions, crime, currency or entry requirements, and any areas of instability.

Staying in Touch on Your Trip
When traveling abroad during the adoption process, we encourage you to enroll with the Department of State through our Smart Traveler Enrollment Program (STEP) to receive important information from the U.S. Embassy about safety conditions in your destination country.  Enrollment makes it possible for the U.S. Embassy or Consulate in Bermuda, to contact you in an emergency, whether natural disaster, civil unrest, or family emergency.  Whether there is a family emergency in the United States or a crisis in Bermuda, enrollment assists the U.S. Embassy or Consulate in reaching you.

Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).

Post-Adoption Resources
Many adoptive parents find it important to find support after the adoption. There are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. You may wish to take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services.  Your primary provider can provide or point you to post- placement/post-adoption services to help your adopted child and your family transition smoothly and deal effectively with the many adjustments required in an intercountry adoption.

The U.S. Department of Health and Human Services maintains a website, the Child Welfare Information Gateway, which can be a useful resource to get you started on your support group search. In particular you may find the pages on  Parenting After Adoption - Child Welfare Information Gateway and Post Adoption and Permanency Support Services - Child Welfare Information Gateway useful.

COMPLAINTS

If you have concerns about your intercountry adoption process, we ask that you share this information with the Consulate in Hamilton, particularly if it involves possible fraud or misconduct specific to your child’s case. The Department of State takes all allegations of fraud or misconduct seriously.  Our Adoption Comment Page provides several points of contact for adoptive families to comment on their adoption service provider, their experience applying for their child’s visa, or about the Form I-600/A process.

The Complaint Registry is an internet-based registry for filing complaints about U.S. accredited or approved adoption service providers. If you think your provider's conduct may not have been in compliance with accreditation standards, first submit your complaint in writing directly to your provider. If the complaint is not resolved through the provider's complaint process, you may file the complaint through the Complaint Registry.

U.S. Consulate in Bermuda
16 Middle Road
Devonshire DV 03, Hamilton
Tel: (441)295-1342
Fax: (441)295-1592
Email: hamiltonconsulate@state.gov

Bermuda Child & Family Services
Victoria Place
Address: 61-63 Victoria Street, Hamilton HM 12, Bermuda
Tel: (441)293-7575

Bermuda is an Overseas Territory of the United Kingdom, and their representation in the United States is through the Foreign Office of the United Kingdom.

Embassy of The United Kingdom
3100 Massachusetts Avenue, NW
Washington DC 20008
USA
Tel: +1 202 588 6500
For consular enquiries use: gov.uk/contact-consulate-washington
Internet: British Embassy Washington - gov.uk

The United Kingdom also has consulates in:

• Atlanta
• Boston
• Chicago
• Houston
• Los Angeles
• Miami
• New York
• San Francisco

Office of Children’s Issues
U.S. Department of State
CA/OCS/CI
SA-17, 9^th Floor
Washington, D.C.  20522-1709
Tel:  1-888-407-47477
Email: Adoption@state.gov
Internet: adoption.state.gov

U.S. Citizenship and Immigration Services (USCIS)
For questions about a pending Form I-600A application, Form I-600 petition or related supplements:
USCIS
Tel: 1-877-424-8374 (toll free); 1-913-275-5480 (local); Fax:1-913-214-5808
Email: NBC.Adoptions@uscis.dhs.gov

For other USCIS-related questions:
USCIS Contact Center
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
Internet:  uscis.gov