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 abandonment, 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 COL 6/21/2023 CH. 4 PARENT AND CHILD 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 disposition 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 COL 6/21/2023 CH. 4 PARENT AND CHILD 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 eligibility 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 immigration 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 preadoption 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; COL 6/21/2023 CH. 4 PARENT AND CHILD

(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 COL 6/21/2023 CH. 4 PARENT AND CHILD 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 preadoption 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 preadoption 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.