INTERNATIONAL ADOPTION

BELIZE

1995

DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.

NOTE: BELIZEAN LAW PROHIBITS THE ISSUANCE OF AN ADOPTION ORDER UNLESS THE APPLICANT AND INFANT RESIDE IN BELIZE AND THE INFANT IS A BELIZEAN CITIZEN. RESIDENCE HAS BEEN DEFINED IN THE PAST AS EITHER PHYSICALLY RESIDING IN BELIZE FOR A MINIMUM OF SIX MONTHS OR POSSESSION OF BELIZEAN CITIZENSHIP.

GENERAL: U.S. citizens attempting to adopt a Belizean child must comply with Belizean law, U.S. Immigration law, and any state pre-adoption requirements (including home studies and finger print checks). Prospective adoptive parent(s) should exercise due diligence to ensure that they are dealing with reputable agencies and lawyers. Adopting parents should thoroughly investigate the background of the prospective adoptive child to ensure that they are not unknowing accessories to any wrong-doing. The Embassy is on constant guard against child-trafficking and urges adopting parent(s) to do likewise. The American Embassy and the Department of State stand ready to assist adoptive parents, within the limits of our authority. Reports to the American Embassy or the Department of State about successes or problems with foreign adoptions are very useful and any assistance adoptive parents can provide in this regard is much appreciated.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

BELIZEAN ADOPTION PROCEDURES:

Orphans in Belize may only be adopted through the judicial process. There are no private adoptions or adoptions through extrajudicial processes.

Judicial adoptions do not require a court decree declaring that the infant has been abandoned. Since adoptions occur before a Supreme Court Judge, only local attorneys may function for the prospective parent(s). Those persons wishing information on the forms and procedures to follow for adoptions should contact a Belizean attorney.

AGE AND CIVIL STATUS REQUIREMENTS:

An adoption order cannot be made unless the applicant or, in the case of joint application, one of the applicants is at least twenty-five years old and is at least twenty-one years older than the infant, unless the court finds extenuating circumstances in favor of the adoption. Single men cannot adopt infant females unless the court finds that special circumstances warrant an exceptional adoption order.

Civil status is not relevant to adoption orders except in the case of males adopting females.

TIME FRAME:

Adoptions in Belize generally take two months.

BELIZEAN FEES:

Attorney fees range from $1,00 to $2,500 U.S. dollars. U.S. citizens adopting a child in Belize should report any exorbitant fees to the American Embassy or to the Department of State.

ADOPTION AGENCIES AND ATTORNEYS:

There are no adoption agencies in Belize. Before sending a first payment to a lawyer or representative, adopting parents should make sure that costs are inclusive and not subject to change. Attorneys in Belize speak English. A list of attorneys is available from the American Embassy or the Department of State.

BELIZEAN EMBASSY AND CONSULATES IN U.S.:

Embassy of Belize
Consular Section
2535 Massachusetts Avenue, N.W.
Washington, D.C. 20008
tel: (202) 332-9636

Permanent Mission of Belize
820 2nd Avenue
Suite 922
New York, N.Y. 10017
tel: (212) 599-0233

In addition, Belize has honorary consuls located throughout the United States.

Embassy Interview with Biological Mother:

The Embassy requires that the biological mother be interviewed on the day that she signs the irrevocable release of parental rights over the child. The future petitioner or legal representative must contact the Consular Section at least one day in advance to schedule this interview. Interviews are scheduled from 1:00 p.m. until 4:00 p.m. every workday except Friday. The biological mother must present her birth certificate and social security card or passport. When the interviewing consular officer determines that there are no obstacles to the adoption, the biological mother will sign a certification before the officer which must be presented to the courts during adoption proceedings. The purpose of this procedure is to ensure that the child qualifies for a visa under U.S. law.

Before You Travel to Belize to Receive the Child:

Before you make plane reservations for yourselves or for an escort and the child, make absolutely certain with your lawyer or agency that the Belizean passport has been issued and the BCIS approval cable has reached the U.S. Embassy. It can take up to three weeks to receive the Belizean passport.

Scheduling Appointment With U.S. Consular Officer:

It is advisable to contact the Consular Section of the U.S. Embassy in Belize City at least one day in advance to check that the documents are in order and to set an appointment for the immigrant visa interview. The Embassy cannot guarantee issuance of the visa in advance of the interview. If you are outside the U.S. and the child has completed his medical examination, you will have a preliminary interview with the consular officer in order to complete form I-604 "Request for and Report on Overseas Orphan Investigation". The child must be present at the Embassy for the immigrant visa application. The medical examination must be performed by a physician from an approved list of physicians using a specified form. Unless special circumstances, such as a physical handicap, indicate the child's care will be particularly costly, the adopting parents will not be required to provide further proof of their financial situation, as this information will have already been provided at the time of petition (I-600A or I-600) approval.

What Documents to Bring With You to U.S. Embassy:

Note: Since each case is different, it is possible that the Embassy will request additional documents after a preliminary review of the application of the prospective adoptive parent(s).

For the immigrant visa application the child will need:

1. An original of the child's birth certificate issued by the Registrar indicating the name of both parents if known.

2. If either or both of the birth parents are deceased, an original death certificate issued by Registrar General.

3. The certification of the natural mother signed before a consular officer in those cases where the child has not been declared abandoned by the court.

4. The original Adoption Certificate issued by the Registrar General.

5. The original adoption order signed by a Justice of the Supreme Court of Belize.

6. A valid passport issued in the name of the adopted child.

7. Two 1 3/4 inch color visa photographs.

8. Medical examination (according to Embassy instructions). If the minor has a physical or mental disability, a notarized statement will be required from the prospective adoptive parent(s) in the United States indicating that they are fully aware of the physical or mental disability of the minor and in spite of that fact that they have the intention of finalizing the adoption. This statement can be included in item 19 of form I-600 and also in the home study if more convenient. In that case a separate notarized statement will not be required.

9. In cases where the minor has not been seen or observed in person by the prospective adoptive parent(s), a notarized statement by those parents will be required indicating that although they have not seen or observed the minor in person, they are nevertheless willing to adopt or re-adopt the minor in the United States. Both parties must sign the I-600 after the child has been identified. This means that if one party has gone abroad to arrange the adoption, and the other remained in the U.S., the I-600 must be sent by one spouse to the other with the child's identity information completed and an original signature of the spouse reflecting their concurrence with the procedure. This is generally done by express courier in the interests of time.

10. In the case of a minor taken to the United States by a third party, for example a legal representative or social assistant of an adoption agency or other entity, a notarized statement will be required authorizing that person to take the minor to the United States with the purpose of placing him/her with the prospective adoptive parent(s). This statement can also be included in the Judge's authorization for the child to leave Belize. Note: There are no provisions in BCIS regulations for approving petitions signed by agents with powers of attorney. Consequently, even if an agent is physically accompanying the child to the U.S., the petition itself must be signed by the adoptive parent(s), after the child has been identified.

U.S. FEES:

Medical Examination Fee:

The adopted child must have a medical examination performed by one of the U.S. Embassy or Consulate's panel physicians before the immigrant visa can be issued. The cost of this medical examination is approximately U.S. $50.00 and must be borne by the adoptive parent(s).

U.S. Immigrant Visa Fee: The fee for the immigrant visa is $200.00 and may be paid either in U.S. dollars or local currency. This $200 does not include medical examinations, costs of documents, the petition, etc. The American Embassy does not accept personal checks or credit cards.

ADDITIONAL INFORMATION:

Prospective adopting parents should consult BCIS publication No. M-249, The Immigration of Adopted and Prospective Adoptive Children and the Department of State information flyer International Adoptions.

AMERICAN EMBASSY ASSISTANCE:

Upon arrival in Belize to try to arrange an adoption, U.S. citizens should register at the American Embassy, Consular Section, American Citizens Services. The Embassy will be able to provide information about any outstanding travel advisories and to provide other information about the Bahamas including lists of physicians, attorneys, interpreters and translators. The American Embassy is located at 29 Gabourel Lane, Belize City, Belize, Central America. tel: 011-501-2-35321.

QUESTIONS: Specific questions regarding adoptions in Belize may be addressed to the Consular Section of the U.S. Embassy or Consulate. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818; Phone: 1-888-407-4747; Fax: (202) 312-9743. Recorded information concerning significant changes in adoption procedures is available 24 hours a day at: 1-888-407-4747, or by automated fax (calling from the telephone on your fax machine) at (202) 647-3000. If the country you are interested in is not listed, procedures have not significantly changed. Information on immigrant visas is available from the State Department's Visa Office, at (202) 663-1225. This 24 hour automated system includes options to speak with consular officers during business hours for questions not answered in the recorded material. Application forms and petitions for immigrant visas are available from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security, the nearest office of which is listed in the federal pages of your telephone book.

In addition, the State Department publishes Consular Information Sheets and Travel Warnings. Consular Information Sheets are available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations are sufficiently serious that the State Department recommends U.S. citizens avoid traveling to a country, a Travel Warning is issued. Both Consular Information Sheets and Travel Warnings may be heard 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225 from a touch-tone telephone. The recording is updated as new information becomes available. In addition, this information is available at any of the 13 regional passport agencies, field offices of the U.S. Department of Commerce, and U.S. Embassies and Consulates abroad.