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Botswana 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). 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, now 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 Convention or 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 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 U.S. Citizenship and Immigration Services (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.
Intercountry adoption of a child from Botswana is rare because of the significant amount of time prospective adoptive parents must spend with the child in Botswana. While the U.S. Embassy in Gaborone continues to engage with the Government of Botswana on intercountry adoption issues, prospective adoptive parents (PAPs) may face significant bureaucratic hurdles and delays when attempting to adopt in Botswana.
The Ministry of Local Government and Rural Development maintains a list of prospective adoptive families, including residents and non-residents of Botswana. Currently, more people wish to adopt than there are children available. According to Ministry officials, the approximate time to conclude an adoption is six months for non-citizens (to allow for investigation and clearance from their home countries). However, the process can take much longer.
Although not required by law, prospective adoptive parents are expected to foster a prospective adoptive child for a period of six months in Botswana before they may conclude a full and final adoption. The purpose of the foster period is to provide opportunities for the parents and child to bond and to allow a social worker to observe the family. Once a child is legally adopted in Botswana, the child may not be removed from Botswana for a period of 12 months. Parents who attempt to remove a child without written consent from the Minister of Local Government and Rural Development may be charged by Botswanan officials with criminal activities. Because of these protective measures, intercountry adoptions from Botswana are extremely difficult for anyone other than long-term residents.
In traditional Tswana culture, adoption is neither common, nor a preferred option for orphans or abandoned children. Extended families usually assume guardianship roles in such cases.
To bring an adopted child to the United States from Botswana, 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.
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.
In addition to being found suitable and eligible to adopt by USCIS, prospective adoptive parents seeking to adopt a child from Botswana must meet the following requirements:
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 Botswana:
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).
Botswana’s Adoption Authority
Ministry of Local Government and Rural Development
The Process
The process for adopting a child from Botswana 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)
3. Apply to Botswana’s Authorities to Adopt and to be Matched with a Child
4. Adopt the Child in Botswana
5. Apply for Your Child to be Found Eligible to Immigrate to the United States as an Orphan
6. Apply for a U.S. Immigrant Visa for Your Child and Bring Your Child Home
1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider
Before taking steps to adopt a child from Botswana, you should select a U.S. accredited or approved adoption service provider to be the primary provider in your case. Your primary provider is responsible for:
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.
The Embassy is not aware of any laws prohibiting U.S. providers from providing adoption services in Botswana, though Botswana has not formally recognized any U.S. adoption service providers. Note that “private adoptions” outside of government regulations are not recognized in Botswana.
2. Apply to USCIS to be Found Suitable and Eligible to Adopt
In order to adopt a child from Botswana, you will need to meet the requirements of the Government of Botswana 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. If you have already identified the child you wish to adopt, you may also 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 revieiwing the child’s eligibility as an orphan. Please see the USCIS website for more information about filing options. 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 must comply with the requirements in 8 CFR 204.311.
3. Apply to Botswana’s Authorities to Adopt, and be Matched with a Child
If a child is eligible for intercountry adoption, the competent adoption authority or other authorized entity in Botswana will review the PAPs’ adoption dossier and, if an appropriate match is found, will provide a referral. We encourage families to consult with a medical professional and their adoption service provider to understand the needs of the specific child but each family must decide for itself whether it will be able to meet the needs of, and provide a permanent home for a specific child, and must conform to the recommendations in the home study submitted to USCIS for the number of children and capacity to deal with any special needs of an adoptive child. Learn more about Health Considerations.
If you are found suitable and eligible to adopt under U.S. immigration law, Botswana requires you to file an adoption application with the Magistrate’s Court for the child you wish to adopt. If you do not have a particular child you are adopting and wish to be matched with a child, you will need to go to a District Council and express your interest to a social worker who will assess your eligibility to adopt. If you are found eligible, the social worker will put your name on the adoption register in the Council. Information on the Adoption of Children in the Magistrate’s Court is available from the Government of Botswana’s Administration of Justice website.
All District Councils carry out social investigations pertinent to the adoption processes and submit a social enquiry report to the Magistrate’s Court. Information can be obtained from the Social and Community Development Offices or on the Government of Botswana’s website, listed under Local Authorities.
The child must be eligible to be adopted according to Botswana’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.
Note: The Ministry of Local Government and Rural Development maintains a list of families (currently over 200 families, both citizens and foreigners) who wish to adopt children. This list is much longer than the number of eligible children, and families can wait many months or years before being matched. Ministry officials say there may be children with disabilities or HIV available for adoption.
4. Adopt the Child in Botswana
The process for finalizing the adoption in Botswana generally includes the following:
Starting July 14, 2014, unless an exception applies, there must be a U.S.-accredited or approved adoption service provider acting as the primary provider in every case. Also, any agency or person providing an adoption service on behalf of prospective adoptive parents in any Convention or non-Convention case must be accredited or approved, or be a supervised or exempted provider.
Adoption service means any one of the following six services:
o Identifying a child for adoption and arranging an adoption;
o Securing the necessary consent to termination of parental rights and to adoption;
o Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study;
o Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child;
o Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or
o 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. 22 CFR 96.2 Definitions.
Note: While the Ministry of Local Government and Rural Development has oversight of the entire process, local Magistrate’s Courts are the only authorities that issue binding legal decisions regarding children’s issues. Magistrate’s Courts are referred to as Children’s Courts when they hear cases involving children. They give priority to children’s cases, and, therefore, custody and adoption cases are not mixed with other matters before the court. While the court is under no legal obligation to involve social workers in children’s issues, they typically do. However, social workers have described rare cases in which custody has been granted solely at the judge’s discretion.
Note: See additional guidance for limited situations when a primary provider may not be required.
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 Botswana, 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 Botswana 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: Documentary requirements will be provided by the social worker assigned to the case. Requested documents will relate to the prospective parent’s employment and ability to be located, and, therefore, may include a request for salary payment slips, birth certificate, marriage certificate, and rental contract or deed/certificate of ownership of residential property.
Note: Additional documents may be requested.
Authentication of Documents: The United States and Botswana are parties to the Hague Apostille Convention. U.S. public documents may be authenticated with Apostilles by the appropriate U.S. Competent Authority
5. Apply for Your Child to be Found Eligible to Immigrate to the United States as an Orphan
After you finalize the adoption in Botswana, 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 an 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 Johannesburg, South Africa. 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 Gaborone, Botswana 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 Embassy’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 several months to complete, depending upon the circumstances of the 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. Apply for a U.S. Immigrant Visa for Your Child and Bring Your Child Home
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, you need to apply for three documents before your child can travel to the United States:
Birth Certificate
You will need to obtain a birth certificate for your child.
After you have finalized the adoption in Botswana, you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate.
First, you will need to obtain an order from the High Court stating the exact name change and any other details regarding the birth certificate. With this order, you can then go to any of the three Registrar of Births and Deaths offices in Gaborone. The birth certificate will be issued while you wait, and it costs 20 pula (about $2.00).
The Laws of Botswana, Chapter 28-01 Section 13, say, “When an order has been made for the adoption of a child whose birth has been registered in Botswana, the Register of Births, Marriages and Deaths shall on the application of the adoptive parent and on production of the order of adoption or of a certified copy thereof and on payment of the prescribed fee, cause the fact of adoption and a statement whether the name of the adoptive parent was or was not conferred upon the child by virtue of the adoption, to be recorded on the original birth information form and against any entry of the birth in the births register of the district Registrar of Births and Deaths in which the birth was recorded.”
Please go to the website of the Government of Botswana for information on birth certificates.
Botswana Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Botswana. With the court order of adoption, you may apply for a Botswana passport at any Immigration office. The passport will cost 100 pula (about $10). Please refer to the Ministry of Labour & Home Affairs’ website for more information.
U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child and you have filed Form I-600 , you then need to apply for a U.S. immigrant visa for your child from the U.S. Consulate in Johannesburg, South Africa. This immigrant visa allows your child to travel home with you As part of this process, you must provide the consular officer with the Panel Physician’s medical report on the child.
Before coming for your child’s immigrant visa interview, please complete an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC). If you filed a Form I-600 petition in the United States, you should receive a letter from the National Visa Center (NVC) confirming receipt of the petition and assignment of a case number and an invoice ID number. You will need this information to log into CEAC to file the DS-260 for your child. You should fill out these forms in your child's name. Answer every item on the form. If information is not applicable, please write “N/A” in the block. 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 or +1-603-334-0700 if you have questions about completing the online DS-260 form.
Please note that the U.S. Consulate General in Johannesburg processes immigrant visas for non-U.S. citizens located in Botswana. Additional information concerning immigrant visa processing at the U.S. Consulate General in Johannesburg can be found on the U.S. Consulate General in Johannesburg’s website.
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 General in Johannesburg before making final travel arrangements. Additional information on immigrant visa processing can be found on their website.
Child Citizenship Act
For adoptions finalized abroad prior to the child’s admission into the United States: An adopted child 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 automatically if the child otherwise meets the requirements of the Child Citizenship Act of 2000, including that the child is under the age of eighteen.
Read more about the Child Citizenship Act of 2000.
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 Botswana
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 Botswana, 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 Embassy about safety conditions in your destination country. Enrollment makes it possible for the U.S. Embassy in Botswana 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 Botswana, enrollment assists the U.S. Embassy in reaching you.
Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).
Post-Adoption Reporting Requirements
We urge you to comply with Botswana’s post-adoption requirements in a timely manner. Your adoption service provider may be able to help you with this process. Your cooperation will contribute to Botswana’s positive experiences with U.S. citizen adoptive parents. Adoptive parents must remain in Botswana with the adopted child for 12 months following the finalization of the adoption. In addition, social workers will continue to conduct check-in visits with you for two years following the adoption, approximately two to three times per year.
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 adoptions.
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.
COMPLAINTS
If you have concerns about your intercountry adoption process, we ask that you share this information with the Embassy in Gaborone 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. Embassy in Botswana
Physical Address: Embassy Drive, Government Enclave, Gaborone, Botswana
Mailing Address: P.O. Box 90 Gaborone, Botswana
Tel: (+267) 373-2222 or 395-3982
Fax: (+267) 318-0232
Email: ConsularGaborone@State.Gov
Internet: bw.usembassy.gov
Botswana’s Adoption Authority
Ministry of Local Government and Rural Development
Department of Social Protection
Private Bag 097 Gaborone, Botswana
Tel: (+267) 397-1916
Internet: gov.bw/en/Ministries--Authorities/Ministries/Ministry-of-Local-Government-MLG1/
Embassy of the Republic of Botswana
Address: 1531-1533 New Hampshire Ave., NW Washington, DC 20036
Tel: 202-244-4990
Fax: 202-244-4164
Email: info@botswanaembassy.org
Internet: botswanaembassy.org
Office of Children’s Issues
U.S. Department of State
CA/OCS/CI
SA-17, 9th Floor
Washington, D.C. 20522-1709
Tel: 1-888-407-4747
Email: Adoption@state.gov
Internet: adoption.state.gov
U.S. Citizenship and Immigration Services (USCIS)
For questions about filing a Form I-600A application or a Form I-600 petition with the
USCIS National Benefits Center (NBC):
Tel: 1-877-424-8374 (toll free); 1-913-275-5480 (local); Fax:1- 913-214-5808
Email: NBC.Adoptions@uscis.dhs.gov
For general questions about immigration procedures:
USCIS Contact Center
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
Internet: uscis.gov
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