Revision as of 01:20, 18 February 2014

Hague Convention Information

Botswana is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(the Hague Adoption Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F).

NOTE: The Ministry of Local Government maintains a list of families (currently over 200 families, both citizens and foreigners) who wish to adopt children. Currently, this list is much longer than the number of available children and families can wait many months or years before being matched.

Prospective adoptive parents must foster a prospective adoptive child for a period of six months in Botswana before they may conclude a full and final adoption. Once a child is legally adopted in Botswana, the adoptive parents must remain in Botswana with the child for a period of 12 months before they can legally remove the child to a different country. The Ministry of Local Government will grant exceptions in cases where there is a compelling reason (such as employment or schooling) for the adoptive family to depart Botswana. This legal requirement makes intercountry adoptions from Botswana extremely difficult for anyone other than long term residents. In traditional Setswana culture, adoption is neither common nor a preferred option for orphans or abandoned children. Extended families usually assume the role left to the state in many other countries. The Government of Botswana does not prefer these unofficial arrangements, and is currently re-writing the Adoption Act of 1952 in order to implement clear and compulsory legal procedures for custody, guardianship, and adoption of minors.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Botswana, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines Who Can Adopt under U.S. immigration law.

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

Who Can Adopt

In addition to U.S. immigration requirements, you must also meet the following requirements in order to adopt a child from Botswana:

Residency

While prospective adoptive parents are not required to be permanent residents of Botswana in order to adopt, officials of the Department of Social Work within the Ministry of Local Government will verify work and residency documents before placing a prospective adoptive parent's name on the adoption “wait list.” When matched with a prospective adoptive child, prospective adoptive parents must foster the child first.

Age of Adopting Parents

No person under the age of 25 may adopt a child, either either individually or jointly with their spouse.

Marriage

A married couple, widower, widow, unmarried, separated, or divorced person may adopt a child in Botswana.

Income

Even though there are no set income requirements, social workers will verify that prospective parents have adequate financial resources to care for a child.

Other

While Botswana society is broadly tolerant, the penal code contains provisions that are widely understood to penalize same sex relations and there are no laws that protect the LGBT community from discrimination. The U.S. Embassy is unaware of any successful adoptions of children from Botswana by same sex couples from the United States. Same sex couples contemplating adopting a child from Botswana should seek legal advice in Botswana.

Who Can Be Adopted

In addition to U.S. immigration requirements, Botswana has specific requirements that a child must meet in order to be eligible for adoption:

Relinquishment or Abandonment:

Consent to the adoption must be given by:

• Both parents of the child or, if the child is born out of wedlock, by the mother of the child;
• The guardian of the child if both parents are dead, or in the case of a child born out of wedlock, if the mother is dead;
• By the surviving parent if one parent is dead and by any guardian of the child who may have been appointed by the deceased parent;
• If one parent has deserted the child, by the other parent;
• A guardian of the child appointed by the Minister of Local Government when both parents are dead, have deserted the child, or are incapable by reason of mental disorder or defect of consenting to the adoption.

Age of Adoptive Child:

There is no specific age requirement. However, in order to be eligible to adopt a child over the age of 16, the prospective adoptive parents must be at least 25 years older than the child.

Sibling Adoptions:

Reasonable efforts will be made to prevent the separation of siblings during the adoption process.

Special Needs or Medical Conditions:

Children with special needs can be adopted in Botswana, but special consideration or expedited processing is not possible.

Waiting Period or Foster Care:

Prospective adoptive parents must foster a prospective adoptive child for a period of six months in Botswana before they may conclude a full and final adoption. Once a child is legally adopted in Botswana, the adoptive parents must remain in Botswana with the child for a period of 12 months before they can legally remove the child to a different country. The Ministry of Local Government will grant exceptions where there is a compelling need (such as employment or schooling) for the adoptive family to depart Botswana. This legal requirement makes intercountry adoption from Botswana extremely difficult for anyone other than long term residents.

If prospective adoptive parents wish to leave Botswana for a vacation or due to employment or school requirements during the six months in which they are fostering a prospective adoptive child, the Magistrate (Children’s) court must provide written permission prior to departure. The same permission is required should the adoptive parents wish to temporarily depart Botswana during the 12 month period in which they are required to remain in Botswana after the adoption is finalized. The U.S. Embassy will require both the court order granting custody and notice that the child is free to travel outside of Botswana before issuing a non-immigrant visa to the adoptive or prospective adoptive child. In addition, it must be demonstrated to the satisfaction of the consular officer that the child has sufficient ties to Botswana to compel his/her return after a short visit to the United States.

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

How to Adopt

Adoption Authority

Botswana's Adoption Authority

Ministry of Local Government

While the Ministry of Local Government has oversight of the entire process, the Magistrate Court is the only body which issues binding legal decisions regarding children's issues. The Magistrate Court is referred to as the Children's Court when it hears cases involving children. The Magistrate Court gives priority to children's cases, therefore custody and adoption cases do not queue 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.

The Process

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

1. Choose an adoption service provider
2. Apply to be found eligible to adopt
3. Be matched with a child
4. Adopt the child in Botswana
5. Apply for the child to be found eligible for orphan status
6. Bring your child home

1.Choose an Accredited Adoption Service Provider:

The recommended first step in adopting a child from Botswana is to decide whether or not to use a licensed adoption service provider in the United States that can help you with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. The Department of State provides information on selecting an adoption service provider on its website.

Private adoptions outside of government regulations are not recognized in Botswana. The system is designed in such a way that legal representation or utilization of an adoption agency or broker is not required. While there is no specific law prohibiting their existence, there are currently no adoption service providers recognized in Botswana. Some families retain an attorney believing that to do so may help them navigate the bureaucracy more quickly, but often end up being frustrated that they have spent considerable sums of money for no apparent advantage.

2.Apply to be Found 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. You must submit an application to be found eligible to adopt with the Ministry of Local Government of Botswana.

To meet U.S. immigration requirements, you may also file an I-600A, Application for Advance Processing of an Orphan Petition with U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services to be found eligible and suitable to adopt.

3.Be Matched with a Child:

If you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority or other authorized entity in Botswana will provide you with a referral. Each family must decide for itself whether or not it will be able to meet the needs of and provide a permanent home for a particular child. The child must be eligible to be adopted according to Botswana 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.

The Ministry of Local Government maintains a list of families (currently over 200 families, both citizens and foreigners) who wish to adopt children. Currently, this list is much longer than the number of available children and families can wait many months or years before being matched. If you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in Botswana will match you with a child. Each family must decide whether or not it will be able to meet the needs and provide a permanent home for the child with whom they are matched. Once a child is matched with a family, and the family agrees to the match, the family must submit an application to the Magistrate (Children’s) Court to obtain legal custody and foster the child.

4.Adopt or Gain Legal Custody of the Child in Botswana:

Once a child is matched with a family, the family must submit an application to the Magistrate (Children’s) Court to obtain legal custody and become the child’s foster parents. This is not a long term arrangement, and after six months the family must either terminate custody or begin proceedings to legally adopt the child. During this period, a social worker monitors the family by conducting visits to the home to interview family members and to observe family life and living conditions.

The process for finalizing the adoption (or gaining legal custody) in Botswana generally includes the following:

• Role of Adoption Authority: While the Adoption Act of 1952 provides that the Minister of Local Government acts as the child’s guardian ad litem, in practice the courts assign social workers to act in this capacity. Once the adoption is complete, social workers attempt to make follow-up visits with families.
• Role of the Court: During the actual adoption hearing, the social worker can submit any information to the Children’s (Magistrate) Court that was obtained during the course of their home visits or interviews. Only children over ten years of age are interviewed by social workers regarding custody and adoption issues. The court will not grant the application unless it is satisfied that:

1. The applicant(s) are qualified to adopt the child;

2. The applicant(s) are of good repute and are fit and proper to be entrusted with the custody of the child;

3. The applicant(s) have adequate means to maintain and educate the child;

4. The proposed adoption will serve the best interests and be conducive to the welfare of the child;

5. That consent to the adoption has been given (see relinquishment and abandonment requirements).

• Role of Adoption Agencies: None.
• Adoption Application: Current applications will be provided and explained by the social worker assigned to the case.
• Time Frame: After six months, during which the prospective adoptive parents foster the prospective adoptive child, they may apply to the Magistrate (Children’s) Court for adoption.
• Adoption Fees: An unspecified sum of money sufficient to cover all expenses incurred. Fees are paid directly to the Government of Botswana, through the Ministry of Local Government and/or the Magistrate’s Court.
• Documents Required: Documentary requirements will be provided and explained by the social worker assigned to the case. 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. If so, the Department of State, Authentications Office may be able to assist.

5.Apply for the child to be found eligible for orphan status

After you finalize the adoption (or gain legal custody) in Botswana, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the definition of orphan under U.S. law. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative.

6.Bringing Your Child Home

Once your adoption is complete (or you have obtained legal custody of the child), you need to apply for several documents for your child before you can apply for a U.S. immigrant visa to bring your child home to the United States:

1. Birth Certificate

If 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. If you have been granted custody for the purpose of adopting the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name. This process can be completed at the main office of the Registrar of Births and Deaths located at the Department of Immigration in the Government Enclave in Gaborone.

“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.” (Laws of Botswana, Chapter 28-01 Section 13)

2. Botswana Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from Botswana. You may bring the court order of adoption and apply for a Botswana passport at any Ministry of Home Affairs office. Please refer to the Ministry’s website for more information.

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child and you have filed Form I-600, Petition to Classify Orphan as an Immediate Relative, you then need to apply for an U.S. immigrant visa for your child. This immigrant visa allows your child to travel home with you. The U.S. Embassy in Gaborone does not conduct immigrant visa interviews or make decisions in immigrant visa cases. All immigrant visa applications for citizens of Botswana, including adopted children, are adjudicated by the Consular Section at the U.S. Consulate General in Johannesburg, South Africa. As part of this process, the Consular Officer must be provided the Panel Physician’s medical report on the child.

You can find instructions for applying for an immigrant visa on Consulate General Johannesburg’s website.

NOTE: You must have an approved Form I-600 petition before an IR-3 or IR-4 immigrant visa may be issued. You may file your Form I-600 petition with USCIS in the United States or in person at the U.S. Embassy in Gaborone, provided you have a valid, approved Form I-600A on record. Form I-600 petitions filed at the U.S. Embassy in Gaborone will be forwarded to the USCIS office located at the U.S. Consulate General in Johannesburg, South Africa, for adjudication. If approved, the petition will be referred to the Consular Section in Johannesburg for immigrant visa processing.

U.S. citizen citizens are not required to make appointments with the Consular Section at the U.S. Embassy in Gaborone, but are advised to call in advance (+267 (395-3982) to enable prompt response to their inquiry. The Consular Section is open for routine American Citizen Services Monday, Wednesday, and Friday from 9:30 a.m. until 12:30 p.m., and on Tuesday and Thursday from 1:30 p.m. to 4:30 p.m.

U.S. Embassy Gaborone accepts payments for consular services by cash and most credit cards, in either U.S. dollars or Botswana pula. Payments are only accepted at the Embassy Gaborone’s Consular Section and should not be paid to a third party.

Before traveling to South Africa, please review the Consular Information Sheet for South Africa and be sure to comply with the Government of South Africa’s entry requirements, which stipulate that travelers to South Africa must have at least two blank pages in their foreign passport upon entry.

Once the Consular Section is in receipt of a family’s approved Form I-600 petition, the family will be contacted by the Consular Section concerning their next steps. Immigrant visa applications must complete a series of forms before the immigrant visa interview may take place. Once the family is documentarily ready for the interview, they must call the Consular Section to schedule an appointment for the immigrant visa interview. A consular officer conducts the immigration interview and, if the immigrant visa application is approved, issues the visa. A consular officer must see the adopted child before the immigrant visa may be issued. All adoption cases must include full judicial documentation which constitutes irrevocable release of the child for immigration and adoption as well as permission to depart the country by the court which granted adoption.

Mailing Address:

Consulate General of the United States of America P.O. Box 787197, Sandton, 2146 Johannesburg, South Africa

Physical Address:

1 Sandton Drive, Sandhurst (opposite Sandton City Mall) Johannesburg, South Africa Tel: (27 11) 290-3000 Fax: (27 11) (011) 884-0396 Email: consularjohannesburg@state.gov

NOTE: Visa issuance after the final interview now generally takes at least 24 working hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview. Adoptive parents should not make final travel arrangements before they receive the visa.

Child Citizenship Act

For adoptions finalized abroad prior to the child's entry into the United States: A child will acquire U.S. citizenship upon entry into the United States if the adoption was finalized prior to entry and the child otherwise meets the requirements of the Child Citizenship Act of 2000.

For adoptions finalized after the child's entry into the United States: An adoption will need to be completed following your child’s entry into the United States for the child to acquire U.S. citizenship.

Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.

Read more about the Child Citizenship Act of 2000.

Traveling Abroad

Applying for Your U.S. Passport

U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport. 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 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. A visa is an official document issued by a foreign country that formally allows you to visit. 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 Specific Information.

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 Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.

Staying in Touch on Your Trip

When traveling during the adoption process, we encourage you to enroll with the Department of State. Enrollment makes it possible to contact you if necessary. Whether there is a family emergency in the United States or a crisis in Botswana, 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).

After Adoption

The Department of State is not aware of any post-adoption reporting requirements at this time governing adoptions from Botswana.

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. 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.

Here are some places to start your support group search:

Child Welfare Information Gateway

North American Council on Adoptable Children

Adoption Services Support Groups for Adopting Persons

NOTE: Inclusion of non-U.S. Government links does not imply endorsement of contents.

Contact Information

U.S. Embassy in Botswana

Address: Embassy Drive, Government Enclave Gaborone, Botswana Tel: 267-395-3982 Fax: 267-318-0232 Email: consulargaborone@state.gov Internet: U.S. Embassy in Botswana

Botswana’s Adoption Authority: Ministry of Local Government

Address: Bag 0097, Gaborone, Botswana Tel: 267-397-1916

Embassy of Botswana

Address: 1531 New Hampshire Ave. N.W., Washington, DC 20036 Tel: 202-244-4990 Fax: 202-244-4164 Internet: Embassy of Botswana

U.S. Consulate General in Johannesburg, South Africa

Mailing Address: P.O. Box 787197, Sandton, 2146 Johannesburg, South Africa

Physical Address: 1 Sandton Drive, Sandhurst (opposite Sandton City Mall) Johannesburg, South Africa Tel: (27 11) 290-3000 Fax: (27 11) (011) 884-0396 Email: consularjohannesburg@state.gov

Office of Children’s Issues

U.S. Department of State CA/OCS/CI SA-17, 9th Floor Washington, DC 20522-1709 Tel: 1-888-407-4747 Email: AskCI@state.gov Internet: U.S. Department of State

U.S. Citizenship and Immigration Services (USCIS)

For questions about immigration procedures: National Customer Service Center (NCSC) Tel: 1-800-375-5283 (TTY 1-800-767-1833) Internet: USCIS

For questions about filing a Form I-600A or I-600 petition: National Benefits Center Tel: 1-877-424-8374 (toll free); 1-816-251-2770 (local) Email: NBC.Adoptions@DHS.gov

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information[1]