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Adopting from Belize

Revision as of 23:50, 13 February 2014 by Admin (Talk | contribs)

Hague Convention Information

WARNING: Belize is party to the Hague Adoption Convention. If you wish to immigrate your adopted child to the U.S. following the adoption, do not adopt or obtain legal custody of a child in Belize before a U.S. consular officer issues an "Article 5 Letter." See the "How to Adopt" section for more information.

Belize is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Therefore all adoptions between Belize and the United States must meet the requirements of the Convention; the U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA); and the IAA implementing regulations.


All adoptions in Belize must be processed in coordination with Belize’s designated Central Adoption Authority, which is the Belize Department of Human Services, within the Ministry of Human Development. There are no private adoptions in Belize or adoptions through extra-judicial processes. All adoptions in Belize must be processed through the Supreme Court of Belize.


Belizean law requires that prospective adoptive parents complete a one year probationary period of custody of the child before a final adoption decree for purposes of immigration can be issued. Prospective adoptive parents are required to provide quarterly reports on the child’s well-being during this period. Prospective adoptive parents may fulfill this one year period in Belize, or may be authorized by the Supreme Court of Belize to fulfill the probationary period in their country of residence. “Provisional”, “Interim” or “Preliminary” adoption decrees issued by the Supreme Court of Belize before the one year probationary period of custody is fulfilled can be considered permission for the prospective adoptive parents to take the child out of Belize during the probationary period, and to pursue an adoption process in accordance with the laws of their country of residence after fulfillment of the one year probationary period of custody. In such cases, quarterly reports regarding the child’s care and progress must still be provided to the Belize Department of Human Services during the probationary period.


Children adopted by residents of Belize may be documented as lawful permanent residents or U.S. citizens after completion of a two year period of physical and legal custody abroad by either filing an I-130 visa petition or by filing an application for a certificate of citizenship. For more information on these processes direct questions to U.S. Citizenship and Immigration Services (USCIS).

Who Can Adopt

Adoption between the United States and Belize is governed by the Hague Adoption Convention. Therefore to adopt from Belize, you must first be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Read more on Who Can Adopt.

In addition to these U.S. requirements for prospective adoptive parents, Belize also has the following requirements for prospective adoptive parents:


Residency

Belizean law prohibits the issuance of a final adoption order unless the non-Belizean prospective adoptive parent resides in Belize with the Belizean child for 12 months. A social worker will visit periodically to assess the parent-child relationship.

Age of Adopting Parents

At least one of the prospective adoptive parents must be a minimum of 25 years old and no fewer than 12 years older than the child.

Marriage

Both married and single individuals can adopt in Belize. Single men cannot adopt female children. These restrictions can be waived if the court finds that special circumstances warrant it.

Income

While there are no specific income requirements, prospective adoptive parents’ financial status will be included as part of the home study.

Other

A person who is not a citizen of Belize may adopt a Belizean child if he or she does not have a criminal record. He or she must also have a current recommendation concerning his suitability to adopt a child from his country’s probation and welfare office or other competent authority. A social services practitioner must verify this recommendation in writing as well as submit a report of the findings of the inquiry to the court. (Please note that U.S. immigration law requires that in Hague Convention countries like Belize the determination of suitability (home study) must be completed, supervised, or approved by a U.S. based Hague accredited or approved adoption service provider.)

In addition, the court may request a report/recommendation from an additional person or authority that has satisfied the court that his country of origin will respect and recognize the adoption order.

Who Can Be Adopted

Because Belize is party to the Hague Adoption Convention, children from Belize must meet the requirements of the Convention in order to be eligible for adoption. For example, the Convention requires that Belize attempt to place a child with a family in-country (i.e. in Belize) before determining that a child is eligible for intercountry adoption. In addition to Belize’s requirements, a child must meet the definition of a Convention adoptee for you to bring him or her back to the United States.


Belizean law only provides for the adoption of children who are citizens of Belize. A child who is not a Belizean citizen cannot be the subject of an adoption in a Belizean court, although Belizean courts can issue custody orders for any child residing in Belize.


ELIGIBILITY REQUIREMENTS:


Children in Belize may only be adopted through the judicial process. There are no private adoptions or adoptions through extra-judicial processes. Intercountry adoption placements are made on a case-by-case basis. Belizean law requires that prospective adoptive parents complete a one year probationary period of custody of the child before a final adoption decree for purposes of immigration can be issued.


Relinquishment Requirements: Under Belizean law, consents provided by birth parents or legal guardians of the child become irrevocable upon issuance of a provisional adoption order. However, once entered with the court, the consents by the parent or legal custodian are not revocable by the parent or guardian themselves, but are only revocable by court action.


Abandonment Requirements: Determined on a case-by-case basis.


Age Requirements: Determined on a case-by-case basis.


Sibling Requirements: Determined on a case-by-case basis.


Requirements for Special Needs or Medical Conditions: Determined on a case-by-case basis.


Waiting Period: Belizean law requires that prospective adoptive parents complete a one year probationary period of custody of the child before a final adoption decree for purposes of immigration can be issued. Prospective adoptive parents may fulfill this one year period in Belize, or may be authorized by the Supreme Court of Belize to fulfill the probationary period in their country of residence. “Provisional”, “Interim” or “Preliminary” adoption decrees issued by the Supreme Court of Belize before the one year probationary period of custody is fulfilled can be considered permission for the prospective adoptive parents to take the child out of Belize during the probationary period, and to pursue an adoption process in accordance with the laws of their country of residence after fulfillment of the one year probationary period of custody.

How to Adopt

Adoption Authority

The Process

Traveling Abroad

After Adoption

SOURCE

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