Adopting Belizean Children: Options For Americans

Adopting a child from Belize is a complex process that requires careful consideration and adherence to specific requirements and procedures. The adoption process is governed by the Hague Adoption Convention, which outlines the necessary steps for intercountry adoptions. Both the United States and Belize are parties to this convention, ensuring that adoptions between the two countries follow a specific process designed to meet the Convention's requirements.

To adopt a child from Belize, prospective parents must first be found eligible by the U.S. Government, specifically the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). This involves meeting certain requirements, including criminal background checks, fingerprinting, and a home study. Additionally, prospective parents must also meet their home state's requirements for adoptive parents.

Once deemed eligible by the U.S. Government, the adoption process involves several steps, including choosing an accredited adoption service provider, being matched with a child, applying for the child's eligibility for immigration to the U.S., finalizing the adoption or gaining legal custody in Belize, and bringing the child home. It is important to note that a child who is not a Belizean citizen cannot be adopted in a Belizean court, although Belizean courts can grant custody for any child residing in the country.

The adoption process in Belize typically involves the Belize Central Authority, which reviews applications and determines the suitability of prospective parents under Belizean law. The Supreme Court of Belize also plays a crucial role, as all intercountry adoptions must be decided by a Supreme Court Judge. The entire process can vary in duration, depending on the circumstances of each case.

It is essential for prospective parents to thoroughly research the adoption process and work closely with relevant authorities in both the U.S. and Belize to ensure compliance with all necessary requirements and procedures.

The process for Americans adopting Belizean children

Adopting a child from another country can be a complex process, and it is no different when adopting from Belize. Here is a detailed, step-by-step guide on the process for Americans adopting Belizean children:

Choose an Accredited Adoption Service Provider:

The first step is to select an accredited or approved adoption service provider in the United States. These agencies and attorneys are authorised to provide adoption services between the United States and Belize. It is important to research any adoption agency or facilitator thoroughly before making a decision.

Apply to be Found Eligible to Adopt:

Once you have chosen an adoption service provider, you need to apply to be found eligible to adopt (Form I-800A) by the U.S. Government, specifically the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). They will determine if you are "eligible" and "suited" to adopt by conducting background checks, fingerprinting, and a home study. Only after the U.S. government deems you eligible can you move forward with the adoption process in Belize.

Be Matched with a Child:

The central adoption authority in Belize will determine if a child is available for intercountry adoption and provide a referral for a child if both the United States and Belize determine that you are eligible to adopt. It is important to note that only Belizean children can be adopted by non-Belizean citizens in a Belizean court.

Apply for the Child to be Found Eligible for Immigration to the United States:

After accepting a match with a child, you will need to apply to the U.S. Government, specifically the USCIS, for provisional approval of a petition to immigrate the child through adoption (Form I-800). The USCIS will determine if the child is eligible under U.S. law to be adopted and enter the country. After provisional approval, the case file is transferred to the U.S. Department of State's National Visa Center, which then forwards the file to the U.S. Embassy in Belize.

Adopt the Child in Belize:

Before finalising the adoption or gaining legal custody of the child in Belize, you must have completed the previous four steps. The process of finalising the adoption in Belize involves the following:

• The Adoption Authority processes the adoption application and forwards the dossier to the Supreme Court of Belize.
• The Supreme Court of Belize determines the adoptability of the child and issues the final adoption decree. The court may postpone the determination and instead issue a provisional adoption order, giving custody of the child to the applicant for a probationary period, typically one year, during which quarterly reports on the child's care and progress must be submitted.
• All consents required for a full and final adoption order are also required for an interim adoption order. These consents become irrevocable upon issuance of a provisional adoption order and can only be revoked by court action.

Bringing Your Child Home:

Even after the adoption is finalised in Belize, there are still a few more steps before you can return to the United States:

• Apply for a birth certificate so that you can later apply for a passport for your child.
• Obtain a travel document or passport from Belize for your child.
• Apply for a U.S. immigrant visa from the United States Embassy for your child. After the adoption is granted, visit the U.S. Embassy for a final review and approval of the child's I-800 petition and to obtain the immigrant visa.

This process can be lengthy and complex, and it is important to be aware of the specific requirements and procedures involved in adopting a child from Belize.

The eligibility requirements for Americans adopting Belizean children

To adopt a Belizean child, prospective parents must meet the eligibility requirements of both the United States and Belize. Here is a detailed overview of the eligibility requirements for Americans adopting Belizean children:

U.S. Requirements

The U.S. federal agency that determines eligibility for adopting a foreign-born child and bringing them to the United States is the U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security. The basic requirements include:

• The prospective parent(s) must be a U.S. citizen(s).
• If unmarried, the prospective parent must be at least 25 years old.
• If married, both spouses must jointly adopt the child, even if separated but not divorced. The spouse must also be a U.S. citizen or have legal status in the United States.
• Criminal background checks, fingerprinting, and a home study are required to determine suitability as a prospective adoptive parent.
• The prospective parent(s) must meet the requirements of their home state for adoptive parents.

Belize Requirements

Belize has its own set of requirements for prospective adoptive parents. These include:

• Minimum Residency: Belizean law requires that non-Belizean prospective parents reside in Belize with the Belizean child for 12 months before a final adoption order can be issued. A social worker will periodically assess the parent-child relationship during this period.
• Age of Adopting Parents: At least one prospective parent must be a minimum of 25 years old and no fewer than 12 years older than the child. There is no maximum age limit, but appointing a guardian is recommended if the parent(s) are elderly.
• Marriage: Both married and single individuals can adopt in Belize. However, single men cannot adopt female children unless the Supreme Court of Belize waives this restriction due to special circumstances.
• Belizean law only permits the adoption of Belizean citizens. Non-citizen children residing in Belize may be eligible for custody orders, but not adoption.
• Relinquishment: Consents from birth parents or legal guardians become irrevocable upon issuance of a provisional adoption order and can only be revoked by the court.
• Age of Adoptive Child: There are no specific minimum or maximum age requirements. However, for the child to be considered a Convention Adoptee under U.S. immigration law, they must be under 16 (or under 18 if they have a birth sibling who meets the age and other requirements).
• Waiting Period or Foster Care: A one-year probationary period of custody is required before a final adoption decree can be issued. This can be completed in Belize or the prospective parent(s)' country of residence with authorization from the Supreme Court of Belize.

The eligibility requirements for Belizean children to be adopted by Americans

To be eligible to adopt a Belizean child, prospective parents must meet the requirements of the U.S. Government and the Belize Government.

U.S. Government Requirements

The U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security, determines whether prospective parents are eligible to adopt under U.S. law. Basic requirements include:

• The prospective parent(s) must be a U.S. Citizen.
• If unmarried, the prospective parent must be at least 25 years old.
• If married, the spouse must also be a U.S. citizen or have legal status in the U.S., and the couple must jointly adopt the child.
• Prospective parents must meet certain requirements, including criminal background checks, fingerprinting, and a home study.

Belize Government Requirements

The Belize Department of Human Services, within the Belize Ministry of Human Development, is the country's adoption authority. Sections 137 and 141 of Belizean Adoption Law specify the requirements for Non-Belizean citizens wishing to adopt a Belizean child. These include:

• A minimum residency requirement: Belizean law prohibits the issuance of a final adoption order unless the non-Belizean prospective 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. There is no maximum age to adopt.
• Marriage: Both married and single individuals can adopt in Belize. Single men cannot adopt female children unless the Supreme Court of Belize waives this restriction due to special circumstances.
• Prospective parents must complete a one-year probationary period of custody of the child before a final adoption decree for purposes of immigration can be issued. This can be completed in Belize or in their country of residence if authorized by the Supreme Court of Belize.

The application process for Americans adopting Belizean children

Adopting a child from Belize is a complex process with many steps. Here is a detailed guide on the application process for Americans adopting Belizean children:

• Choose an Adoption Service Provider: The first step is to select a U.S. Accredited or Approved Adoption Service Provider, who will act as your primary provider. This provider will be responsible for ensuring that all six adoption services are provided and will supervise any other providers involved in the process.
• Apply to USCIS to be Found Suitable and Eligible to Adopt (Form I-800A): You must submit Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, to the U.S. Citizenship and Immigration Services (USCIS). As part of this application, you will need to undergo a background check, provide biometrics, and submit a home study.
• Apply to the Belize Central Authority to Adopt and be Matched with a Child: After receiving approval from USCIS, your adoption service provider will submit your application, home study, and other required information to the Belize Central Authority. This authority will review your application to determine your suitability and eligibility to adopt under Belize's laws. If approved, the Central Authority may provide you with a referral, or a proposed match with a specific child.
• Apply to USCIS for Provisional Approval for the Child to Immigrate to the U.S. (Form I-800): After accepting a referral, you will need to apply for provisional approval for the child to immigrate to the U.S. by filing Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. USCIS will make a provisional determination regarding the child's eligibility.
• Submit an Immigrant Visa Application: Following provisional approval of Form I-800, you or your adoption service provider will submit a visa application to the consular section of the U.S. Embassy in Belmopan. You will receive a letter from the National Visa Center (NVC) confirming receipt and assigning a case number and invoice ID. Use this information to log in to the Consular Electronic Application Center (CEAC) and file the Electronic Immigrant Visa Application (DS-260) for your child.
• Receive "Article 5/17 Letter" from U.S. Consular Officer: A U.S. consular officer will review your provisionally approved Form I-800 petition and visa application. If all requirements are met, the officer will send an "Article 5/17 Letter" to Belize's Central Authority, indicating that the U.S. agrees with the adoption proceeding.
• Adopt the Child in Belize or Obtain Legal Custody: After completing the above steps, you can finalize the adoption or obtain legal custody for purposes of emigration and adoption in Belize. This involves the Belize Central Authority and the Supreme Court of Belize. The Supreme Court will typically issue a provisional adoption order, giving custody of the child to the applicant for a probationary period, usually one year. During this time, there must be quarterly reports on the child's care and progress.
• Apply for a U.S. Immigrant Visa for Your Child: Once the adoption is complete or you have obtained legal custody, there are a few more steps. You need to obtain a birth certificate or adoption certificate and a Belizean passport for your child. Then, schedule an appointment with the U.S. Embassy in Belmopan for a final review of the case, issuance of necessary certificates, and your child's immigrant visa interview.
• Complete Post-Adoption/Post-Placement Requirements: After bringing your child home, comply with Belize's post-adoption requirements, such as providing quarterly reports during the probationary period. Your adoption service provider can assist with this process.

Please note that the process and requirements may change, and it is important to refer to official sources for the most up-to-date and accurate information.

The documents required for Americans adopting Belizean children

Adopting a child from Belize is a complex process with many steps and requirements. Here is a list of the documents required for Americans adopting Belizean children:

• A valid police certificate.
• An approved home study.
• Proof of approval to adopt from the home government (for U.S. citizens, this is an approved Form I-800A and provisionally approved Form I-800).
• Original or certified birth certificate for the child.
• Photos of the child.
• A medical exam conducted by a panel physician.
• A valid Belize passport issued in the child's name.
• Three 2x2 inch colour passport photographs.
• Medical examination results.
• If the child has a physical or mental disability, a notarized statement from the prospective adoptive parent(s) in the U.S. stating that they are aware of the disability and intend to finalize the adoption.
• If applying for an IH-4 visa, an Affidavit of Support (Form I-864) completed by the adoptive parent(s), along with supplementary documentation such as copies of their most recent federal tax returns and W-2s.
• If the child is to be escorted to the U.S. by a third party, a notarized statement authorizing that person to take the child to the U.S. for placement with the prospective adoptive parent(s).

Please note that additional documents may be requested during the adoption process, and it is important to follow the specific requirements and guidelines provided by the relevant authorities.

Frequently asked questions