Revision as of 05:13, 4 March 2014

Hague Convention Information

Eritrea is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(Hague Adoption Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F).

The Transitional Civil Code of Eritrea addresses various elements of adoption, but there is no single adoption law. There may be regulations within the Ministry of Labor and Human Welfare that are unpublished but still apply to Intercountry adoptions. As a result, the adoption process may lack uniformity or consistency. Regulations change often and without notice to the U.S. Embassy in Asmara, Eritrea or other foreign entities. Enforcement of laws and regulations is irregular. The Department of State recommends prospective adoptive parents verify requirements with legal counsel experienced in adoption law in Eritrea or directly with the Eritrean authorities. In the U.S. Embassy's experience, all adoptions by U.S. citizens have been by Eritrean-American dual nationals, because Eritrean law requires at least one parent to be of Eritrean heritage. Most adoption cases involve older teen-aged children where one parent has died and one parent has abandoned the child. It is usually difficult to prove that the child meets the U.S. immigration requirements for "orphan."

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Eritrea, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can adopt under U.S. immigration law.

Additionally, a child must meet the definition of orphan under U.S. immigration law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.

Who Can Adopt

In addition to U.S. immigration requirements, you must also meet the following requirements in order to adopt a child from Eritrea:

Residency

A 2011 Eritrean proclamation stipulates that at least one adoptive parent must be of Eritrean heritage and have completed national service in order to adopt an Eritrean child.

Age of Adopting Parents

Under the Transitional Civil Code of Eritrea (TCCE) any person of legal age, 18 years in Eritrea, may adopt.

Marriage

Prospective adoptive parents may be single or married. Eritrea is an extremely conservative country, and same-sex couples would likely not be allowed to adopt there

Income

The TCCE does not specify a minimum required income to adopt, but the Ministry of Labor and Human Welfare may require adopting parents to show they have sufficient income to maintain and support the child without difficulty.

Other

A 2011 Eritrean proclamation stipulates that at least one adoptive parent must be of Eritrean heritage and have completed national service in order to adopt an Eritrean child.

Who Can Be Adopted

In addition to U.S. immigration requirements, Eritrea has specific requirements that a child must meet in order to be eligible for adoption:

Relinquishment: Not Specified.

Abandonment: Not Specified.

Age of Adoptive Child: The TCCE does not specify an age limit for the adoptive child. Children 15 years or older must give consent to the adoption contract.

Sibling Adoptions: The TCCE does not exclude adoption of sibling groups.

Special Needs or Medical Conditions: Not specified.

Waiting Period or Foster Care: There is no such requirement under the law.

Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are adoptable. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when this becomes possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to their child(ren)’s adoption.

How to Adopt

Adoption Authority

The Process

Traveling Abroad

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information