Guyana working on central authority to handle overseas adoptions

The Guyana Government is currently in the process of setting up a central authority that will be responsible for ensuring a seamless process during inter-country adoption of children.

Guyana signed onto the Hague Convention on Protection of Children and Co-operation in Respect of Inter-Country Adoption in February 2019. However, the country had to update its local adoption laws in order to give effect to the tenets of the Convention.
The Hague Convention provides safeguards for children and families involved in adoptions between participating countries and also works to prevent the abduction, sale, or trafficking of children.
In August 2021, the passage of the Adoption of Children (Amendment) Bill 2021 brought Guyana’s laws into conformity with international best practices under the Convention.
The amendments allow for, among other things, greater protection for children from potential abuse and exploitation during inter-country adoptions, which are to be handled by a central authority.
During the recent episode of the Attorney General and Legal Affairs Ministry’s Simplifying the Law programme, it was disclosed that efforts were underway to have this body established in Guyana.
“The Amendment makes provisions for the Minister of Human Services and Social Security… to establish a central authority to discharge these functions under the Convention. So, this will be the Guyana Central Authority for Hague matters and they will be responsible for carrying out these functions [in compliance with the Convention provisions].
“The Government is currently in the process of setting up the Authority. So, once the order is passed establishing the Authority, we will also have regulations which will be passed that will govern the operation of the Authority as well as the inter-country adoption process,” Ariel Haynes-Bovell explained.
Haynes-Bovell is a Parliamentary Counsel attached to the Office of the Chief Parliamentary Counsel at the Legal Affairs Ministry.
It was noted that the central authority will be headed by the Human Services and Social Security Minister, who will appoint five other members – an Attorney-at-law with five years’ experience, two representatives from the Childcare and Protection Agency (CPA), one public officer from the Home Affairs Ministry and one public officer from the Foreign Affairs Ministry.
According to Haynes-Bovell, the inclusion of the two public officers is particularly important since the Home Affairs Ministry deals with immigration matters and the Foreign Affairs Ministry with other countries – both critical components to the inter-country adoption process.
Meanwhile, State Counsel at the Attorney General’s Chamber, Ocelisa Marks, highlighted some of the important functions of the Central Authority. These include cooperating with authorities in other countries on the implementation and administration of the provisions of the Hague Convention; provide information to each other on accredited adoption agencies; advising on legislation in relation to the Convention; updating each other on the adoption process and taking steps locally to make the inter-country adoption process simpler.
Under the amended adoption laws, there is provision for the issuance of an adoption certificate, which is considered conclusive evidence that the adoption took place in accordance with the Convention and is recognised as a legally-binding document. According to Marks, this certificate can be refused during the contracting stage of an inter-country process if it is found to be contrary to public policy having regard to the best interest of the child.
The amendments also contain provisions for persons who breach the law and are found liable on summary conviction to be fined $500,000 and face six months’ imprisonment.
At the time when the Adoption of Children (Amendment) Act 2021 was passed, it was reported in the National Assembly that some 247 children from Guyana were adopted by both non-Guyanese and overseas-based Guyanese between 2013 and 2020. Of these, 55 children were adopted by non-Guyanese, while 192 children were adopted by overseas-based Guyanese.
Moreover, in 2014 and 2018, the Human Services and Social Security Ministry recorded the highest rate of international adoption – that is, 22 per cent – by non-Guyanese. And, in 2013 and 2018, it recorded the second highest rates of adoption by overseas-based Guyanese.
Since the signing onto the Hague Convention, all international adoptions have been placed on hold as Guyana puts the necessary infrastructure in place. (G8)