Guam § 4221 - Special Provisions.

§ 4221. Special Provisions.

(a) In the case of a child whose admission to the United States

(Guam) as an eligible orphan with non-quota immigrant status

pursuant to the Federal Immigration and Nationality Act is sought

for the purposes of adoption in Guam, the following pre-adoption

requirements shall be observed:

(1) the foster parents or parent must present to the court,

a verified written application containing the information set

forth in Subsection (b) of this Section, in such form as the

court may prescribe for an order of pre-adoption

investigation to determine whether the adoption may be in

the best interests of the child.

(2) the foster parents must appear for examination

before the court.

(3) the application must be accompanied by duly

authenticated documentary evidence:

(i) that the child is an alien who is eligible for

immigration to the United States under federal laws and

regulations, as a non-quota immigrant for purposes of

adoption in Guam;

(ii) that he is an orphan because of the death or

disappearance of both parents, or because of aban-

donment, or desertion by, or separation or loss from

both parents, or who has only one parent due to the

death or disappearance of, abandonment, or desertion

by, or separation or loss from the other parent, and the

remaining parent is incapable of providing care for such

orphan and has in writing irrevocably released him for

immigration and adoption, and has consented to the

proposed adoption. In all cases where the orphan has no

remaining parent under the circumstances set forth

above, documentary evidence must be presented that

the person, public authority or duly constituted agency

having lawful custody of the orphan at the time of

making of the application, hereunder, had in writing

irrevocably released him for immigration and adoption

and has consented to the proposed adoption; and

(iii) that the foster parents agree to adopt and treat

the foster child as their or his own lawful child.

(4) in addition thereto such additional releases and

consents as the court may in its sound discretion require.

(b) The verified written application shall contain the

following information:

(1) the names and place of residence of the foster

parent or parents;

(2) whether they are of full age;

(3) whether they are married or unmarried and, if

married, whether they are living together as husband and

wife;

(4) the name, date and place of birth of the foster child

as nearly as the same can be ascertained;

(5) the religious faith of the foster parent or parents;

(6) the religious faith of the foster child and his parents

as nearly as the same can be ascertained;

(7) the occupation and approximate income of the

foster parent or parents, and the name by which the foster

child is to be known;

(8) that no previous application has been made to any

court or judge for the relief sought or if so made, the disposi-

tion of it and a statement as to whether the foster child has

been previously adopted, if such fact is known to the foster

parent or parents;

(9) the facts which establish that the child is an eligible

orphan who would be entitled to enter the United States with

non-quota immigrant status for the purpose of adoption in

Guam, pursuant to the Federal law, in such case made;

(10) the circumstances whereby, and the names and

addresses of the intermediaries, if any, through whom the

foster parent or parents learned of the existence and eligibili-

ty of the child and the names and addresses of the person or

persons, public authority or duly constituted agency in the

land of the child’s residence executing the written release of

the child for emigration and adoption, and the consent to such

adoption, the circumstances under which the release and

consent were obtained, insofar as they are known to the foster

parent or parents;

(11) a statement that the foster parent or parents have

had no more than one petition previously approved by the

Attorney General of the United States for non-quota immi-

gration status, on behalf of an alien child who qualified under

Federal law as an eligible orphan unless any such petitions

have been so approved as necessary to prevent the separation

of brothers and sisters or that the instant petition had been

previously approved by special act of the Congress.

(c) Upon receiving the verified written application, required

documentary evidence, agreement and consents, the court upon

finding that the applicable provisions of this Section have been

complied with and that it appears that the proposed adoption may

be in the best interests of the child, shall issue an order of pre-

adoption investigation hereunder. The order of pre-adoption

investigation shall require that the report of such investigation be

made by the Division. The caseworker shall make a written report

of his investigation into the truth and accuracy of the statements

in the application and where applicable, into the validity of the

documentary evidence, submitted with the application, and he

shall ascertain as fully as possible and incorporate in his report the

various factors which may bear upon the determination of the

application for adoption including, but not limited to, the

following information:

(1) the marital and family status, and history, of foster

parents;

(2) the physical and mental health of the foster parents;

(3) the property owned by and the income of the foster

parents;

(4) the compensation paid or agreed upon with respect

to the placement of the child for adoption;

(5) whether either foster parent has ever been

respondent in any proceeding concerning allegedly

neglected, abandoned or delinquent children;

(6) the desirability of bringing the child into Guam for

adoption;

(7) any other facts relating the familial, social, religious,

emotional and financial circumstances of the foster parents

which may be relevant to a determination of suitability of the

adoption.

The written report of pre-adoption investigation shall be

submitted to the court within thirty (30) days after the same

is directed to be made, unless for good cause shown, the court

shall grant a reasonable extension of such period. The report

shall be filed before the court shall issue its pre-adoption

certificate that it appears that the adoption is in the best

interests of the child.

(d) On the return of the pre-adoption investigation order the

judge shall take proof of the facts shown by such investigation. If

the court is satisfied that the adoption is in the best interests of the

child, and that there has been compliance with all requirements

hereof, and is satisfied that the moral and temporal interests of the

child will be promoted by the adoption, it shall issue an original

certificate under seal and two (2) certified copies thereof, setting

forth the fact that a pre-adoption investigation has been conducted,

and proof duly taken thereon, and reciting the documents and

papers submitted therewith and stating that in the opinion of the

court it is in compliance with all applicable laws and that it

appears from such investigation that the moral and temporal

interests of the child will be promoted by the proposed adoption.

The original certificate shall be filed with the clerk of the court,

one (1) certified copy with the Social Services Administrator, and

the foster parents shall receive the second certified copy. The fact

that the foster child was born out of wedlock shall in no case

appear in such certificate. The written report of pre-adoption

investigation together with all other papers pertaining to the pre-

adoption investigation and the original certificate shall be kept by

the court as a permanent record and such papers must be sealed by

the court and withheld from inspection. No person shall be

allowed access to such sealed records and original certificate and

any index thereof except upon an order of the court. No order for

access and inspection shall be granted except on due notice to the

foster parents and on good cause shown. The court may open,

vacate or set aside such certificate for fraud, newly-discovered

evidence or other sufficient cause.

(e) The adoption of a child who has been brought in the

United States and Guam for such purpose and placed with the

foster parent or parents, shall be effected after issuance of the pre-

adoption certificate, in the manner provided by this Title,

excepting that:

(1) the petition shall also recite the pre-adoption

proceedings; and

(2) the court may in its discretion for good cause shown,

waive a subsequent investigation. In such case the order or

adoption shall recite the reason for such action.

(f) In any case where there has been a failure to comply with

the requirements of this Section, if applicable, no order of

adoption shall be made until one (1) year after the court shall have

received the petition to adopt. The court may shorten such waiting

period for good cause shown, and, in such case, the order of

adoption shall recite the reason for such action.