Adopting from Ghana

Ghana Adoption Alert

Alert: Guidance on Processing of Emergency Adoption Cases during Ghana’s Suspension (October 15, 2013)

On April 30, 2013, the Government of Ghana suspended processing of all adoption cases, including intercountry adoptions, pending Ghana’s review of its current adoption procedures. This alert provides additional information on how the Ghanaian Department of Social Welfare (DSW) is implementing the suspension and how the suspension impacts processing of related Forms I-600, Petition to Classify Orphan as an Immediate Relative.

Cases Subject to the Suspension

All adoption cases that received final approval by the Ghanaian Department of Social Welfare (DSW) or were filed with a court before April 30, 2013, are not subject to this suspension. For cases filed with a court on or after April 30, 2013, only emergency cases may proceed to final adoption in Ghana. Emergency cases include children who have special needs or medical conditions, children who could “age out” of adoption eligibility, and children adopted by biological relatives. These emergency cases must be submitted to the Acting Director of DSW for approval before being submitted to a Ghanaian court.

We strongly encourage prospective adoptive parents not to proceed with an adoption in Ghana unless you meet the suspension exceptions described above. If you wish to pursue an adoption in another country due to the suspension, please see the U.S. Citizenship and Immigration Services (USCIS) website for more information at www.uscis.gov/adoption.

Guidance Regarding Form I-600 Petition Processing

When filing any Form I-600 petition, U.S. prospective adoptive parents must establish that the adoption or grant of custody took place in accordance with the law of the child’s country. For all Form I-600 petitions filed on behalf of a child from Ghana USCIS and the Consular Section at the U.S. Embassy in Accra require evidence that the Minister or Acting Director of DSW has approved the adoption case filed with the court after April 30 to ensure it was completed in accordance with the regulated exceptions to the suspension. In an effort to efficiently process these cases, USCIS Accra will continue to contact the DSW directly for petitions filed in Accra, when necessary, to confirm whether the case was approved by DSW. Prospective adoptive parents may also choose to obtain this evidence directly from DSW and submit it with their Form I-600 petition. The address for the Acting Director of the Department of Social Welfare is P.O. Box MB 230, Accra, Ghana.

Please note there is no fee by DSW or USCIS for confirmation that a specific case was approved by the DSW. If prospective adoptive parents are unable to obtain this information from the DSW, please notify USCIS Accra at uscis.accra@uscis.dhs.gov.

The Department of State and USCIS will continue providing updated information on adoption.state.gov as it becomes available. If you have any questions about this notice, please contact the Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AdoptionUSCA@state.gov.

Alert: All Adoption Cases with the Ghanaian Department of Social Welfare are Subject to Suspension (May 20, 2013)

The Government of Ghana has temporarily suspended processing of all adoption cases, including intercountry adoptions, pending Ghana's review of its current adoption procedures. All adoption cases which have not received final approval by the Ghanaian Department of Social Welfare are subject to this suspension.

At this time, adoption cases which have completed processing with the Ghanaian Department of Social Welfare, and are either before a Ghanaian court or have a completed adoption order, are unaffected by the suspension. Urgent or emergency cases subject to the suspension can be referred directly to the Ghanaian Director of Social Welfare in Accra for consideration. The U.S. Embassy will continue accepting orphan petitions and approving qualified visa applications of those cases not subject to the suspension.

The Department of State will continue providing updated information on adoption.state.gov as it becomes available. If you have any questions about this notice, please contact the Office of Children's Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AdoptionUSCA@state.gov.

Hague Convention Information

Ghana is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(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).

The Ghanaian Department of Social Welfare has the sole legal authority to process adoptions in Ghana. The Department of Social Welfare Head Office has oversight authority for all adoptions throughout Ghana. Adoptions should be processed in the region of origin of the child. Except under special circumstances, children should not be transported to another region for the purpose of processing an adoption. There are no government fees for adoption in Ghana; however, adoptive parents pay for services rendered, such as court filing fees, the cost of obtaining official forms and reports, and legal fees, etc.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Ghana, 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. immigration 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 Ghana:

Residency

Prospective adoptive parents must be resident in Ghana for a minimum of three months prior to the adoption of a child. The prospective adoptive parents may request a waiver of the residency requirement through the court. The courts may approve a waiver of the residency requirement with the recommendation of the Ministry of Social Welfare if it finds that to do so is in the best interests of the child.

Age of Adopting Parents

Adopting parents must be 25 years of age and at least 21 years older than the child.

Marriage

Generally, only married couples may adopt in Ghana. A single person may adopt only if that person is a citizen of Ghana. Single males may not adopt unless the child to be adopted is his child or the courts determine that special circumstances apply. Same-sex couples may not adopt from Ghana.

Income

Applicants must be gainfully employed.

Other

The Department of Social Welfare in Ghana requires that applicants must be of sound mind and must undergo a medical exam as part of the pre-approval process. Applicants must also prove their ability to care for a child that may be socially and culturally different from themselves and who may have experienced trauma due to family deaths, institutionalization, neglect, etc.

Who Can Be Adopted

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

The Department of Social Welfare determines whether or not a child is eligible for adoption under Ghanaian law. For a child to be eligible, he or she must meet at least one of the below criteria:

1. There is no known family for the child,

2. No family is available or capable of taking care of the child,

3. The child’s family is unwilling to take care of the child, or

4. The courts have terminated parental rights for reasons of abuse or neglect.

In cases where the family is unwilling or incapable of caring for the child, parents must relinquish their parental rights under the Ghanaian legal system. In cases where the family of the child is unknown, reasonable efforts must be made to locate the family for a period of at least three months. If the family remains unknown after three months, the Department of Social Welfare may determine that the child is eligible for adoption.

NOTE: In Ghana, birth parents who relinquish or abandon their child(ren) may change their mind at any point in the adoption process prior to the final adoption order, and in such cases it is possible that the Department of Social Welfare and the Ghanaian court will reverse their adoptability finding and/or adoptive placement decisions.

Relinquishment: The Department of Social Welfare determines the validity of a relinquishment. The relinquishment of parental rights means the parent(s) decide they do not want to or cannot take care of the child and have decided to let the Department of Social Welfare find other parent(s). Whatever the reason, they are taken through a series of counseling sessions to ensure they understand the implications of the decision. If the birth parents decide to continue with the relinquishment, they must execute an affidavit providing consent for their decision to have the child adopted. In some cases a pregnant mother will notify the Department of Social Welfare of an unwanted pregnancy and ask to give the child up for adoption after delivery. These mothers have the right to change their minds after they give birth, but if they decide to relinquish the child, they are also required to give formal consent before a notary public.

Abandonment: In the Ghana, legal abandonment means the parent(s) voluntarily leaves the child and does not return.

Age of Adoptive Child: In Ghana, a child is adoptable until he or she becomes an adult at 18 years of age.

Sibling Adoptions: The Department of Social Welfare makes every effort to ensure siblings are adopted together. It discourages splitting siblings for adoption, except under special circumstances.

Special Needs or Medical Conditions: The Department of Social Welfare determines whether children with special needs or medical issues are available for adoption. In these cases, it may be easier to waive the three-month trial period, particularly if there is a need for immediate medical attention.

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

After Adoption

SOURCE

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