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.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S. based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: U.S. citizens wishing to adopt a Guatemalan child must comply with Guatemalan law, U.S. immigration law, and any state pre-adoption requirements (including home studies and fingerprint checks). There have been problems with adoptions in Guatemala, including pressure on the birth mothers to relinquish against their will. Prospective adoptive parents should exercise due diligence to ensure that they are dealing with reputable agencies and lawyers. Adoptive parents should thoroughly investigate the background of the prospective adoptive child to ensure that they are not unknowing accessories to any wrongdoing. The Embassy investigates all direct relinquishment cases for possible problems and urges adoptive parents to report any instances of unethical or illegal behavior on the part of your Guatemalan attorneys. If you encounter a problem with your adoption, please inform either the Embassy or the State Department immediately.

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

FY-1996: IR-3 immigrant visas issued to Guatemalan orphans adopted abroad - 99
IR-4 immigrant visas issued to Guatemalan orphans adopted in the U.S. - 327
FY-1997: IR-3 Visas - 233, IR-4 Visas - 552
FY-1998: IR-3 Visas - 220, IR-4 Visas - 749
FY-1999: IR-3 Visas - 283, IR-4 Visas - 719
FY-2000: IR-3 Visas - 435, IR-4 Visas - 1083

GUATEMALAN ADOPTION AUTHORITY: Responsibility for adoption in Guatemala rests with a variety of government entities including Social Services, the Procuraduria General de la Nacion (roughly the equivalent of the Solicitor General's office) and the courts.

GUATEMALAN ADOPTION PROCEDURES: There are two ways to adopt a child in Guatemala. The first is through a notarial process using an attorney (private adoption/extrajudicial process); the second is through the courts using a Guatemalan Government-recognized adoption agency or orphanage in Guatemala (public adoption/judicial process).

Private Adoption: The private (extrajudicial) route is much more common. Under this procedure, the biological parent makes a declaration to an attorney that she/he gives her/his unconditional consent to release her/his child for adoption. The attorney usually represents both the biological parent and the adoptive parents. The only Guatemalan Government role in a routine case of this nature is a review of the documents by the Solicitor General's (Procuraduría General) office, and a court-ordered social worker's report on the biological parent and adoptive parents. With a power of attorney, a lawyer or legal firm undertakes to locate a child or to do the legal work on a child already identified. The lawyer will need the adoptive parents' documents as early as possible. The basic Guatemalan documents are the child's birth certificate and the irrevocable consent of relinquishment of parental rights of the child's remaining biological parent-usually the mother. If parents are alive, an irrevocable release is insufficient for U.S. immigration purposes and the child must be declared abandoned by a Guatemalan court.

Once the lawyer has a child assigned and receives the basic documents he asks the family court to assign a social worker to perform a "social study" of the biological mother, family circumstances, and the child. The social worker also analyzes the American home study. He must also submit documentation to the Immigration and Naturalization Service at the U.S. Embassy (see requirements below). Upon approval of the documentation, the Embassy will schedule a DNA test to be conducted on the birth mother and child. Following a positive result, the INS will approve the orphan status of the child. Upon approval of the case, the attorney submits the case to the Procuraduría General (Solicitor General) de la Nación for review. If the Procuraduría General de la Nación approves the case, the lawyer then draws up the final notarial decree of adoption, obtains a new birth certificate in the adoptive parents' names, and obtains a Guatemalan passport in the child's new name. Important: Once the notarial decree is completed, the adoptive parent(s) are the legal parents of the child under Guatemalan law and are required to care for that child until she/he reaches the age of 18, whether or not the U.S. Embassy issues a visa. Parents who choose not to accept a child after this point can be held legally (i.e. criminally) responsible under Guatemalan law, if they abandon her/him.

Public Adoption: Public judicial adoptions require a court decree declaring the child to have been abandoned. The process grants considerable discretion to the judges, both in terms of the time that the process takes and the basis on which the decision is made, and normally takes over a year. Thus, the judicial process is normally used when the parents are known to have died or deserted the child rather than when a parent wishes to give up a child. Occasionally this process has been used when the Embassy has been unable to declare the child an orphan for other reasons such as a doubt about the real birth mother.

The process of adopting an abandoned baby will include many of the same steps as an extrajudicial adoption, such as a home study, social study, and presentation of documents. In addition, there is the process necessary to confirm abandonment, which requires the court first to search for living relatives who are qualified and willing to care for the child.

AGE AND CIVIL STATUS REQUIREMENTS: Married or single persons 25 years or older may adopt under the laws of Guatemala.

ADOPTION AGENCIES AND ATTORNEYS: Before sending the first payment to either an attorney or an agency, adoptive parents should have confirmed in writing that costs are inclusive and not subject to change. A list of English-speaking attorneys is available from the U.S. Embassy or the Department of State but we do not have a list of "recognized" or "approved" adoption attorneys.

The Department of State and the Embassy assume no responsibility for the professionalism or caliber of any private adoption agency or facilitator. This is not an exhaustive list. Numerous private U.S. based adoption agencies not listed here have extensive experience with Guatemalan adoptions. The Government of Guatemala has recognized the following Guatemalan adoption agencies.

A.G.A.N.D. (Asociacion Guatemalteca de Ayuda para el Nino Desamparado) (abandonment cases only)
15 Calle 5-20
Zona 11
Guatemala City, Guatemala
Tel: (502) 473-1880

Hogar Campestre Adventista "Los Pinos" (abandonment cases only)
Director: Alcyon Ruth Fleck
15 Avenida 19-62
Zona 13 Apartado Postal 35-C
Guatemala City, Guatemala
Tel: (502) 331-0056, 331-6197

Hogar Rafael Ayau
Tel: (502) 232-6747
(502) 232-1789
(502) 232-2140

GUATEMALAN DOCUMENTARY REQUIREMENTS: Adopting parents should use their full names in all documents. A woman, if married, should be sure to indicate her maiden name as well as her married name wherever her name appears.
· Certified copy of marriage certificate (if applicable)
· Certified copy of home study
· Power of attorney, if dealing with an attorney; application, if dealing with an agency, with the name of the child to be adopted
· Two or three letters of recommendation
· Police clearance from prospective adoptive parents' town of residence
· Passport-size photos of adoptive parents
· Clearance from medical doctor
· Proof of economic solvency (income, employment, savings, mortgage, etc.

TRANSLATION REQUIREMENTS: All English-language documents must be accompanied by a certified Spanish translation.

AUTHENTICATION REQUIREMENTS: In addition, all foreign (U.S.) documents, including the translation certificate, must be authenticated.

Generally, U.S. civil records, such as birth, death, and marriage certificates, must bear the seal of the issuing office and then be authenticated by the appropriate State Secretary of State in the U.S., the U.S. Department of State's Authentication's Office, and the Guatemalan Embassy or nearest Consulate.

Tax returns, medical reports and police clearances should likewise be authenticated, beginning with the seal of a notary public in the United States, or some appropriate issuing office. The clerk-of-court of the county where the notary is licensed, or some similar authority should authenticate the notary's seal. The document should then be authenticated by the appropriate State Secretary of State in the U.S., the U.S. Department of State's Authentication's Office, and the Guatemalan Embassy or nearest Consulate.

The U.S. Department of State's Authentication's Office is located at 518 23rd Street, NW, State Annex 1, Washington, D.C. 20522, tel: (202) 647-5002. Walk-in service is available from 7:30 a.m. to 11:00 a.m. Monday-Friday, except holidays. The Department charges $5.00 per document for this service, payable in the form of a check drawn on a U.S. bank or money order made payable to the Department of State.

It is advisable to bring several copies of the authenticated documents with you to Guatemala.

U.S. IMMIGRATION REQUIREMENTS

A Guatemalan child, even if adopted by an American citizen, must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Immigration and Naturalization Service (INS) having jurisdiction over their place of residence. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Guatemala. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Guatemala City for more information.

An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

The adoptive or prospective adoptive parent must be an American citizen;

The child must be under the age of 16 at the time an I-600 Petition is filed with the INS on his or her behalf;

If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;

If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;

The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by INS can be found on INS's web site at http://www.ins.usdoj.gov .

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Immigration and Naturalization Service (INS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Immigration and Naturalization Service (INS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Guatemala City .

Detailed information about filing these forms can be found on INS's web site at http://www.ins.usdoj.gov . Americans who have adopted or hope to adopt a child from Guatemala should request, at the time they file these forms, that INS notify the US Embassy in Guatemala City as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an INS office in the United States.

II. The Orphan Investigatio

One part of the petition process that INS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by U.S. immigration law. A consular officer performs this investigation at the time of the child's immigrant visa interview.

Before You Travel to Guatemala to Receive the Child: Before you make airline reservations for yourselves, or for an escort and the child, make absolutely certain with your attorney/agency that a Guatemalan passport has been issued for the child, the INS has approved your case, and the consular section has received your pre-adoption approval (advanced processing application) cable from INS. It is not recommended that you travel before verifying this information. Once you have received final INS approval your attorney/agency will be provided an adoption appointment packet. This packet asks you to bring the following: medical report, two passport sized color photographs of the child, the child's Guatemalan passport, Affidavit of Support, parents' passports, and forms I-600, OF-230 and 9003 which are included in the packet. There is no fixed interview schedule, once you have completed the requirements in the adoption appointment packet you may come to the embassy for both your INS and consular interview at 8:30 a.m. Monday through Thursday.

What Documents to Bring with You to the U.S. Embassy: All Spanish language documents submitted to INS must be translated into English.

*Since each case is different, it is possible that the Embassy will request additional documents after an Orphan is adopted abroad, who has been in the custody of the adoptive parents less than two years, requires an orphan petition for U.S. immigrant visa processing to enter the United States*

DNA Testing of the Birth Mother: As of October 1, 1998, the Embassy requires all birth mothers and children to undergo DNA testing to confirm the parental relationship. This test should be conducted prior to the completion of the final adoption. In order to go ahead with DNA testing, a preliminary review of the application of the prospective adoptive parent(s). For approval of your I-600 the child will need:

1. Certified copy of child's birth certificate issued by the civil registrar indicating the names of both parents, if known
2. If the birth father, mother, or both are deceased, a certified copy of death certificate(s) issued by civil registrar
3. Relinquishment of parental rights executed before the appropriate Guatemalan authority, or the declaration of abandonment issued by the "Juzgado de Menores"
4. The biological mother's consent for INS approval in those cases where the child has not been declared abandoned by a court
5. Certified copy of the decree of the Procuraduría General de la Nación approving the adoption
6. Certified copy of the final decree authorizing the adoption

For your consular interview you will need:

1. Valid Guatemalan passport of the birth mother
2. Affidavit of Support (Form I-864) and income taxes for the last three years (W-2 and 1040 forms)
3. Two 1 3/4-inch color visa photographs of the child
4. Medical examination. If the child has a physical and/or mental disability, a statement notarized in the U.S. will be required from the prospective adoptive parents. This statement must indicate that the prospective parents are fully aware of the physical and/or mental disability of the child, and in spite of the disability, intend to finalize the adoption. A separate notarized statement will not be required if a statement is included in item 19 of form I-600 or in the home study.

*Note: The Embassy medical examination is not a complete physical, and primarily focuses on medical ineligibilities. Adoptive parents who desire a complete physical examination of their child should make such arrangements privately*

Both parents must sign the I-600 after the child has been identified. This means that if one parent has gone abroad to arrange the adoption, and the other has remained in the U.S., the I-600 must be sent by one spouse to the other with the child's identity information completed. An original notarized signature of the spouse in the U.S. reflecting his or her concurrence with the procedure must be obtained. In the interest of time, an express courier generally does this.

In the case of a child taken to the U.S. by a third party escort (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 child to the U.S. for the purpose of placing her/him with the prospective adoptive parent(s). This statement can also be included in the judge's authorization for the child to leave Guatemala. Note: There are no provisions in INS 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 and notarized by the adoptive parent(s) after the child has been identified. Furthermore, in escort cases, any affidavits must be signed and notarized in the United States by the adoptive parents. Escorts are not authorized to sign affidavits even if they are given an otherwise plenary power of attorney. A power of attorney must be presented in original with one additional copy to the consular officer.

U.S. EMBASSY ASSISTANCE: Upon arrival in Guatemala to try to arrange an adoption, U.S. citizens should register at the U.S. Embassy Consular Section, American Citizens Services Unit. The Embassy will be able to provide information about any existing travel warnings as well as other information about Guatemala including lists of physicians, attorneys, interpreters, and translators. The American Embassy is located at 7-01 Avenida de la Reforma, Zone 10, Guatemala City, Guatemala, Tel: (502) 331-1541, fax: (502) 331-0564.

GUATEMALAN EMBASSIES AND CONSULATE GENERALS IN THE U.S.:
Embassy of Guatemala
Consular Section
2220 R St., NW
Washington, DC 20008
Tel: (202) 745-4952

Guatemala also has Consulates in Los Angeles, California; San Francisco, California; Coral Gables, Florida; Chicago, Illinois; New York, New York; Houston, Texas.

In addition, Guatemalan Honorary Consuls are located throughout the United States.

TIME FRAME: Private adoption in Guatemala generally takes three to six months. Public adoption takes on average one to two years.

U.S. FEES: INS Fees for I-600 and I-600A Petitions: There is an INS fee of $460 for filing an I-600 or I-600A petition. If you have a valid I-600A and file an I-600 within 18 months of the approval of the I-600A, no fee will be charged for the I-600, provided you are only petitioning for one child or for siblings. If you are petitioning for more than one child and the children are not siblings, the I-600 fee will be charged.

U.S. State Department Authentication Fee: If you are having documents authenticated by the Department of State's Authentication's Office, there is a fee of $5 per document.

Medical Examination Fee: The adopted child must have a medical examination performed by one of the U.S. Embassy's panel physicians before the immigrant visa can be issued. The cost of this medical examination is approximately $35 and must be borne by the adoptive parent(s).

U.S. Immigrant Visa Fee: The fee for the immigrant visa is $325 and may be paid either in U.S. dollars or local currency. This $325 does not include medical examinations, costs of documents, the petition, etc. All fees paid at the Embassy must be paid in cash, either in U.S. dollars or Guatemalan quetzales.

GUATEMALAN FEES: Attorneys' fees range from $5,000 too as high as $18,000 per case. U.S. citizens adopting a child in Guatemala should report fees above these limits to the U.S. Embassy or the Department of State.

ADDITIONAL INFORMATION: Prospective adoptive parents should consult INS publication M-249Y, The Immigration of Adopted and Prospective Adoptive Children, and the Department of State's information flier, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Guatemala may be addressed to the Consular Section of the U.S. Embassy in Guatemala. You may also contact the Office of Children's Issues, U.S. Department of State, SA-1, Rm. L-127, 2401 E. Street, N.W., Washington, D.C. 20522, telephone (202) 736-7000.

Information is also available 24 hours a day from several sources:

Telephone -Office of Children's Issues - recorded information regarding changes in adoption procedures and general information, (202) 736-7000.-State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225.-Immigration and Naturalization Service - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Automated Fax - contains the full text of the office's international adoption information fliers and general information brochure, International Adoptions. From the telephone on your fax machine, call (202) 647-3000.

Internet - the Consular Affairs web site, at: http://travel.state.gov contains international adoption information fliers and the International Adoptions brochure.

INS web site- http://www.ins.usdoj.gov contains information on adoption, your child's citizenship, and downloadable INS forms.

Other information

Consular Information Sheets - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situation, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the internet web site, as above.

© June 2001