DOS Determines It Cannot Process Hague Convention Adoptions From Guyana

On April 25, 2019, we discussed Guyana's becoming the 100th country to become party to the Hague Adoption Convention [see blog]. The Hague Convention entered into force in Guyana on June 1, 2019.

On June 3, 2019, the U.S. Department of State (DOS) determined it will not be able to process intercountry adoptions from Guyana initiated on or after June 1, 2019 [PDF version]. This is because “Guyana does not yet have implementing legislation giving authority to the designated Central Authority to carry out its responsibilities under the [Hague] Convention.” Thus, “consular officers will be unable to issue Hague Convention Certificates or Custody Certificates, and U.S. Citizenship and Immigration Services (USCIS) cannot approve Form I-800, Petitions to Classify Convention Adoptees as an Immediate Relative, for a child from Guyana.”

The DOS has advised families interested in adopting children from Guyana that they may not file the Form I-800 for a child from Guyana until the DOS determines and announces that Hague Certificates may be approved for children from Guyana on a case-by-case basis. Until the DOS makes such a determination, the USCIS will reject any Form I-800 petitions filed for children by Guyana.

The DOS has not yet determined whether Guyana will continue to process cases “in which a U.S. citizen filed a Form I-600A, Application for Advance Processing of an Orphan Petition, or a Form I-600, Petition to Classify Orphan as an Immediate Relative, prior to June 1, 2019, or in which a final adoption was completed prior to June 1, 2019.” The DOS will post a notice on its website once it determines the disposition of those pending cases. The USCIS will not, however, process a Form I-600 or Form I-600A for any child from Guyana filed after June 1, 2019.

We will update the website with more information about the changing situation for adoptions from Guyana as it becomes available. To learn more about international adoption generally, please see our growing selection of articles on site [see category].

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