Adopting from Botswana

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.

1. 1. 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.
   2. Sibling Adoptions: Reasonable efforts will be made to prevent the separation of siblings during the adoption process.
   3. Special Needs or Medical Conditions: Children with special needs can be adopted in Botswana, but special consideration or expedited processing is not possible.
   4. 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.

After Adoption

SOURCE

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