Adopting a child can be one of the most rewarding experiences for prospective adoptive parents, but it’s also a journey that involves understanding the specific legal requirements in the country from which you’re adopting. Guyana, with its unique blend of cultures and legal structures, has a newly-defined adoption process that helps protect both the rights of the child and the adoptive family.

Per the U.S. Department of State, on February 5, 2019, Guyana deposited its instrument of accession to the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). The Convention entered into force for Guyana on June 1, 2019, though international adoptions have yet to resume to the US while Guyana is undergoing the development of a Hague compliant internal and legal restructure of the entire process.  It is expected to resume international adoptions to the US before the end of 2024.

At Hopscotch Adoptions, we are here to help guide you through the key legal considerations involved in a future adoption from Guyana, as well as highlighting essential steps to make sure you experience a smooth and successful adoption process.

Understanding Guyana’s Adoption Process

Guyana’s adoption process is influenced by both local laws and international agreements, as required by Hague, aiming to make sure that children are placed in stable, loving homes. It’s essential for adoptive parents to familiarize themselves with these legal frameworks and check that they meet all the necessary requirements.

Adoption in Guyana can be classified under two main categories: domestic adoption (where the adoptive parents are Guyanese citizens and permanently residing in Guyana) and international adoption (involving Guyanese citizens and non-Guyanese citizens adoptive parents residing outside of Guyana or residing temporarily in Guyana). For an international adoption, parents must work with both Guyanese authorities and Hague accredited adoption service providers in their state of residence for a home study service and with any Hague accredited adoption service provider (also known as a Primary Provider) located anywhere in the US which has an authorized program registered with the Department of State to guarantee all ethical and legalities are adhered to.

Eligibility Requirements for Adoptive Parents

One of the first things adoptive parents need to know is whether they meet the eligibility criteria to adopt from Guyana. The government of Guyana has set forth certain requirements for adoptive parents to make certain that children are placed in safe and supportive homes.

These requirements include:

  • Age Requirement: Prospective adoptive parents must be at least 25 years old. Additionally, there should be at least a 21-year age difference between the adoptive parent and the child.
  • Marital Status: Both single individuals and married couples can adopt. However, in the case of couples, both parties must jointly meet the adoption requirements.
  • Health and Financial Stability: Adoptive parents are required to show evidence of good health and financial stability. This ensures that the adoptive family can provide a nurturing and secure environment for the child.
  • Home Study Requirement: A Hague compliant home study is required, involving a thorough evaluation of the prospective parents’ home environment, background, and suitability to care for a child.
  • Choose a Hague Accredited Primary Provider, like Hopscotch Adoptions, Inc as your placing agency.

Legal Framework: Domestic and International Guyana Adoption

Adoptions in Guyana are governed by the Adoption of Children (Amendment) Act of 2021 which outlines the legal process for both domestic and international adoptions. As of 2019, Guyana is a party to the Hague Adoption Convention (the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption), meaning that international adoptions follow the Hague’s international standards.

The government of Guyana has implemented a stringent system to protect the rights of children and maintain transparency in adoption proceedings.

The Adoption Process in Guyana

For prospective parents looking to adopt a child from Guyana, it’s important to understand the specific steps involved in the adoption process. Working with a Hague accredited adoption service provider, also known as a Primary Provider, such as Hopscotch Adoptions. The Primary Provider will help guide families through each stage to maintain legal and ethical compliance.

Here’s a breakdown of the typical Guyana adoption process:

  1. Selecting a Hague Accredited Adoption Agency: As international adoptions require detailed paperwork and compliance with both local and foreign laws, prospective parents must work with a Hague accredited agency. Hopscotch Adoptions is well-versed in the Hague process and the adoption processes in Guyana and can provide the necessary guidance and ensure compliance with USCIS and Hague standards required of every international adoption.
  2. Home Study: A Hague compliant home study is mandatory and involves a thorough assessment of the adoptive family’s home environment, financial situation, and readiness to adopt. This report will be submitted to the appropriate authorities in Guyana as part of the adoption application.
  3. Matching with a Child: Once the home study is approved, the next step involves being matched with a child. The child must be legally available for adoption, meaning that by USCIS’s definition of an orphan whose parents have abandoned them, had their parental rights terminated or have been voluntarily relinquished by their biological parents.
  4. Receive the Article 16: This step includes the receipt of a formal referral of the child to a specific prospective adoptive family and includes the child’s medical and social history, original birth certificate, and abandonment, or parental right termination evidence.
  5. Consult with an International adoption pediatric specialist: This medical evaluation is to assist the prospective adoptive parents to discern if they are best suited to parent the proposed child.
  6. Apply to USCIS for the Child to be Found Provisionally Eligible for Immigration to the United States as a Convention Adoptee (Form I-800) and Receive U.S. Agreement to Proceed with the Adoption (Art. 5/17 letter)
  7. Adopt the Child in Guyana: After receipt of the Article 5, the actual adoption must be finalized through Guyana’s legal system. The court process involves a thorough review of the prospective parents’ background, the home study report, and the child’s circumstances. The adoption order is granted once the court is satisfied that the adoption is in the best interest of the child.
  8. Issuance of Adoption Order: After the legal proceedings are complete, the court issues an adoption order, granting full parental rights to the adoptive parents. This legally recognizes the adoptive family as the child’s permanent family. The child will be issued a new birth certificate which names the adoptive parents and orders the child’s last name to match the adoptive parents. The child will be issued an adoption decree and a new passport from Guyana.
  9. Apply for a U.S. Immigrant Visa for Your Child and Bring Your Child Home: Once the adoption is finalized, the adoptive family will need to apply for the appropriate visa to bring the child home. U.S. citizens, for example, must apply for an immigrant visa for the child at the U.S. Embassy, which requires submitting all relevant adoption paperwork and complying with U.S. immigration laws.

Post-Adoption Requirements

Like all Hague convention countries, post-adoption reports are required to verify the child’s well-being after the resides in the US with their adoptive family. These reports must be submitted at regular intervals to both the Guyanese authorities to confirm that the child is adjusting well and receiving appropriate care.

Challenges in the Guyanese Adoption Process

While the process is clearly outlined, adoptive parents should be prepared for potential challenges. As with many international adoptions, legal timelines can vary, and delays in court proceedings are not uncommon. Additionally, because Guyana is new to the Hague Convention, certain procedures may lead to longer wait times or additional legal steps  they codify their new legal process.

Cultural sensitivity is also a crucial factor in adopting from Guyana. It’s important to remember that adoption is not only a legal process but also an emotional one for the child. Understanding and respecting Guyana’s diverse cultural heritage will help foster a smoother transition for the child into their new home.

Adopt from Guyana with Hopscotch Adoptions: Your Trusted Partner in the Process

Adopting a child from Guyana offers a life-changing opportunity to provide a loving home to a child in need, but it also requires expert guidance to navigate the complexities of the legal process. By partnering with a reputable Hague accredited adoption agency like Hopscotch Adoptions, families can confidently move through each step, from eligibility to finalization. Hopscotch Adoptions brings years of experience and compassionate support to help make your adoption journey as smooth and successful as possible.

Whether you’re just beginning your adoption journey or are already familiar with the steps involved, working with Hopscotch Adoptions will give you the support and expertise for the legal process and steps you need to create your forever family. Contact Hopscotch Adoptions today to start your path toward adoption! Children are waiting. Let’s get started, today!