Advertisements

Difference between revisions of "Adopting from Ethiopia"

(→‎Who Can Be Adopted)
(→‎How to Adopt)
Line 63: Line 63:
 
=How to Adopt=
 
=How to Adopt=
  
 +
==Adoption Authority==
 +
 +
'''Ethiopia’s Adoption Authority'''
 +
 +
The Children and Youth Affairs Office (CYAO) operating under the Ministry of Women's, Children’s, and Youth Affairs (MOWCYA) is the primary adoption authority in Ethiopia.
  
−
==    Adoption Authority==
 
  
 
==The Process==
 
==The Process==
 +
 +
The process for adopting a child from Ethiopia generally includes the following steps:
 +
 +
# Choose an adoption service provider
 +
# Apply to be found eligible to adopt
 +
# Be matched with a child
 +
# File the Form I-600 with U.S. Citizenship and Immigration Services to initiate the Pre-Adoption Immigration Review prior to filing an adoption case with the courts
 +
# Adopt the child in Ethiopia
 +
# Receive final approval of Form I-600
 +
# Obtain a Visa and bring your child home
 +
 +
 +
'''1.  Choose an Adoption Service Provider'''
 +
 +
The recommended first step in adopting a child from Ethiopia is to decide whether or not to use a licensed adoption service provider in the United States that can help you with your adoption.  Please note that U.S. citizens adopting from Ethiopia are required by the Ethiopian government to use a U.S. adoption service provider that has been authorized by the Ethiopian Government to provide adoption services.  Adoption service providers must be licensed by the U.S. state in which they operate.  The Department of State provides information on selecting an adoption service provider on its website.
 +
 +
 +
Intercountry adoptions from Ethiopia are handled by the Children and Youth Affairs Office (CYAO), a part of the Ministry of Women's, Children’s, and Youth Affairs (MOWCYA).  There are currently more than 20 U.S.-based adoption agencies authorized by the Ethiopian Government to provide adoption services for American adoptive parents.  For a current list, contact MOWCYA (see Contacts section below) or the Ethiopian Embassy in Washington, D.C.
 +
 +
 +
'''2.  Apply to be Found Eligible to Adopt'''
 +
 +
In order to adopt a child from Ethiopia you will need to meet the requirements of the Government of Ethiopia and U.S. immigration law.  You must submit an application to be found eligible to adopt to the Ministry of Women, Children, and Youth Affairs, MOWCYA of Ethiopia.  This is also called the dossier.  U.S. prospective adoptive parents resident outside Ethiopia may request pre-approval to adopt prior to receiving a match.  If not done prior to the match, the determination on the U.S. prospective adoptive parent(s) eligibility to adopt under Ethiopian law will be made by the MOWCYA at the time of the best interests review during the court process (see step 5 for more details).  U.S. prospective adoptive parents resident in Ethiopia seeking a private adoption are required to go through the pre-approval process before receiving a match.  The Embassy of Ethiopia in Washington, D.C. provides a list of required documents for the application to adopt an Ethiopian child on their website.
 +
 +
 +
Prospective adoptive parents must take or send all of the required documents, certified and authenticated, to the Ethiopian Embassy in Washington, D.C. for additional authentication.  Once it has completed its authentication, the Ethiopian Embassy returns the documents to the parents and the parents forward them to MOWCYA, Children and Youth Affairs Office (CYAO).  You can find their address in the Contacts section of this information sheet.
 +
 +
 +
MOWCYA reviews the documents for completeness and creates a dossier on the adoptive parent(s).  The Claims and Authentication Section of the Protocol Office at the Ethiopian Ministry of Foreign Affairs in Addis Ababa authenticates the dossier and returns it to the Children and Youth Affairs Office (CYAO) for approval.
 +
 +
 +
'''Note on private adoptions:'''  In general, only U.S. citizens who currently reside in Ethiopia and have done so for two years are eligible to complete a private adoption.  Most U.S. prospective adoptive parents, therefore, will be required to use a licensed adoption service provider.
 +
 +
 +
'''Note on relative adoptions:'''  Ethiopian-Americans who are adopting orphaned relatives do not have to come to Ethiopia to process their adoptions.  They can have a representative with a power of attorney represent them in court.  Married adoptive parents need to make sure that both parents have given the representative a power of attorney so that both parents' names appear on the adoption decree.
 +
 +
 +
To meet U.S. immigration requirements, you may also file a Form I-600A, Application for Advance Processing of an Orphan Petition with U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services to be found eligible and suitable to adopt.
 +
 +
 +
'''3.  Be Matched with a Child'''
 +
 +
If you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority or other authorized entity in Ethiopia will provide you with a referral.  Each family must decide for itself whether or not it will be able to meet the needs of and provide a permanent home for a particular child.  The child must be eligible to be adopted according to Ethiopia’s requirements, as described in the Who Can Be Adopted section.  The child must also meet the definition of orphan under U.S. immigration law.
 +
 +
 +
At this time Ethiopian authorities publish in the local press a notice seeking any other claimants to the child, stating the child's name and the name of the prospective adoptive parents.  The notice advises that any parties opposed to the adoption must appear at MOWCYA by a certain date and time.
 +
 +
 +
Prospective adoptive parents have the option to either accept or refuse the referral.  Upon acceptance of the referral, a Contract of Adoption is signed by the child's legal guardian, usually the orphanage, and the adoptive parents or the agency representative.  The contract is taken to the Inland Revenue Administration office to be stamped.  A nominal fee of 5 Ethiopian birr is charged.
 +
 +
 +
'''4.  File the Form I-600 with U.S. Citizenship and Immigration Services to initiate the Pre-Adoption Immigration Review prior to filing an adoption case with the courts'''
 +
 +
Under the Pre-Adoption Immigration Review (PAIR) program, the U.S. prospective adoptive parent(s) files a Form I-600, Petition to Classify Orphan as an Immediate Relative, with the National Benefits Center (NBC) prior to obtaining a final adoption decree from the relevant court authority in Ethiopia.  After review of the Form I-600 petition and completion of the Form I-604 investigation, NBC will make a preliminary determination on whether the child meets the definition of orphan under U.S. immigration law.  If the determination is favorable, NBC will issue a preliminary determination of immigration eligibility to the U.S. prospective adoptive parent(s) in the form of a USCIS PAIR letter.  If an unfavorable determination is made, NBC may issue a request for additional evidence or denial letter to the U.S. prospective adoptive parent(s).
 +
 +
 +
Beginning on September 1, 2013, the Ethiopian government will require a USCIS PAIR letter in all U.S. adoption cases filed with the Ethiopian Federal First Instance Court (FFIC).  Therefore, beginning on May 1, 2013, all new adoption cases filed with NBC must undergo a pre-adoption immigration review.
 +
 +
 +
To initiate the PAIR process, prospective adoptive parents should submit a completed Form I‑600 together with all available documentation listed in the Form I-600 Instructions, minus an adoption decree or grant of legal custody to the USCIS National Benefits Center through the Dallas Lockbox.  All documents originally produced in a foreign language must be accompanied by a certified English translation.  In addition, the following PAIR-specific documentation must be submitted when the child’s country of origin is Ethiopia:
 +
 +
 +
::::1. Evidence of the match between petitioner and child such as: Adoption Contract between the Prospective Adoptive Parent (PAP) and the orphanage, together with a power of attorney appointing the Adoption Service Provider (ASP) to represent the PAP, in cases where the contract is signed by the ASP on behalf of the PAP; or Adoption Contract between the PAP and relinquishing birth relative.
 +
 +
::::2. Evidence of child’s availability for intercountry adoption, such as: Court order from Regional, Zonal or Woreda authorities; Police report from local authorities, placing the child in the care of a licensed orphanage; or Adoption Contract between PAP and relinquishing birth relative, in cases of intra-family adoption only.
 +
 +
 +
In addition to the documentation required in the Form I-600 instructions pertaining to evidence that the child is an orphan as defined in section 101(b)(1)(F) and 8 CFR 204.3(b), there may be Ethiopia specific documentation that can help establish the child’s orphan status.  Such documentation may include, but is not limited to:
 +
 +
::::::1. Child’s life history report;
 +
::::::2. Police report documenting finding of abandoned child;
 +
::::::3. Police reports documenting disappearance of birth parent(s), if applicable;
 +
::::::4. Medical or Court order documenting birth parent(s)’ incapacitation or illness;
 +
::::::5. Copies of birth parent(s) death certificate(s).
 +
 +
 +
Please note that additional documents may be requested.
 +
 +
 +
USCIS will forward its preliminary favorable determination, together with the prospective adoptive parent’s file, to the U.S. Embassy in Addis Ababa.  USCIS will also forward the original preliminary determination letter to the prospective adoptive parents for their records.  Upon issuance of the PAIR letter, USCIS NBC will forward your petition to the U.S. Embassy in Addis Ababa for final adjudication following the completion of the Ethiopian court process.
 +
 +
 +
'''5.  Adopt or Gain Legal Custody of Child in Ethiopia'''
 +
 +
The process for finalizing the adoption in Ethiopia generally includes the following:
 +
 +
 +
After September 1, 2013, under PAIR, prospective adoptive parents will file a dossier with Ethiopia’s Federal First Instance Court (FFIC) to initiate the legal adoption process in Ethiopia.  This dossier will include documents related to the child’s background, such as the Life History document created by the orphanage, along with the PAIR letter, the signed adoption contract, and information about the adoptive parents’ suitability to adopt.  As of February 2013, the court requires a filing fee of 25 Ethiopian birr to open a case.  The FFIC will forward the case to the Ministry of Women’s, Children’s, and Youth Affairs for its review, and will usually set a specific date by which the review must be completed.  MOWCYA will review the dossier, along with the approved home study, and make a determination on whether the adoption is in the best interests of the child.  If it determines that the prospective adoptive parents are eligible under Ethiopian law and the adoption should move forward, the dossier will be sent back to the FFIC for a hearing.  Usually, if a child has been relinquished by living relatives, the court will hold a first hearing in order to obtain the relatives’ legal consent to the adoption.  One to two weeks later, the court will schedule a hearing with the adoptive parents.  In most cases, if the court approves the adoption, full legal custody is transferred to the adoptive parents on the same day.  The adoptive parents receive an adoption decree from the court, which they can take back to MOWCYA for certification.  Possession of the certified adoption decree permits adoptive parents or their agency’s representative to begin the process of applying for a new passport and birth certificate for the child.  Please see below for more information on these processes. 
 +
Role of Adoption Authority:  The MOWCYA approves the dossier of the prospective adoptive parents and conducts a review of the best interests of the child, including whether a preliminary determination on the immigration eligibility of the child is favorable.  It makes a recommendation to the FFIC on whether the adoption should proceed.  The MOWCYA also certifies the final adoption decree and provides letters of request for the issuance of amended birth certificates and passports for the adopted child.
 +
 +
 +
*'''Role of the Court:'''  The FFIC accepts all petitions for intercountry adoption and forwards the dossier to the MOWCYA for the best interests review.  They review the adoptability of the child, ensure the process at the local level adhered to Ethiopian law, and make the final determination on the adoption decree.  The FFIC issues the final adoption decree.
 +
*'''Role of Adoption Agencies:'''  ASPs facilitate the match of a child at a licensed Ethiopian orphanage and U.S. prospective adoptive parent(s).  ASPs also act on behalf of the prospective adoptive parent(s) in filing the dossier and petition with the FFIC. 
 +
*'''Adoption Application:'''  The adoption application, also referred to as the dossier, serves to evaluate the prospective adoptive parent(s)’ eligibility to adopt under Ethiopian law.  This step takes place during the MOWCYA review of the best interests of the child.
 +
*'''Time Frame:'''  The time to complete the adoption will include approximately 12-14 weeks for the PAIR processing by USCIS following the match and approximately 6 weeks for the adoption petition to be finalized by the Government of Ethiopia.  Following the issuance of the adoption decree in Ethiopia, an additional 4-6 weeks will be necessary for the Ethiopian passport application.
 +
*'''Adoption Fees:'''  As of February 2013, the fees for the Ethiopian government portions of the adoption process total approximately $35 U.S. dollars, but must be paid in the local currency.  The fees charged are:
 +
::::::::A. 5 Birr – Fee for Inland Revenue Authority stamp on adoption contract
 +
::::::::B. 25 Birr – Fee for opening an adoption case with the Federal First Instance Court
 +
::::::::C. 300 Birr – Fee for child’s Ethiopian birth certificate
 +
::::::::D. 150-300 Birr – Fee for child’s Ethiopian passport
 +
There may be additional fees charged by the U.S. adoption service provider (ASP) or Ethiopian legal counsel.  Prospective adoptive parents should seek information in writing, upfront of all fees their ASP or legal representative will charge throughout the process.  Many non-adoption related services, like lodging or transportation, for example, can be booked privately by prospective adoptive parents prior to traveling to Ethiopia.  Prospective adoptive parents are encouraged to research all of the options available to them, which will give them an idea of the price of various goods and services on the local market.  For prospective adoptive parents with legal questions, Embassy Addis Ababa can provide a list of local attorneys with experience working with American Citizens, including some that specialize in adoptions.
 +
*'''Documents Required:'''  Please refer to the Embassy of Ethiopia in Washington, D.C. website for a list of requirements for the adoption dossier.  '''NOTE:'''  Additional documents may be requested.
 +
*'''Authentication of Documents:'''  You may be asked to provide proof that a document from the United States is authentic.  If so, the Department of State, Authentications Office may be able to assist.
 +
 +
 +
'''6.  Receive final approval of your Form I-600'''
 +
 +
Under the PAIR program, your Form I-600, Petition to Classify Orphan as an Adopted Child is not adjudicated until after your adoption is complete.  You need to submit the final adoption decree issued by the FFIC and certified by MOWCYA, as well as the child’s identity and travel documents, to the U.S. Embassy in Addis Ababa in order to complete the processing of the Form I-600 and receive a final determination on the immigration eligibility of your child.  The U.S. Embassy in Addis Ababa will approve Form I-600s that are clearly approvable.
 +
 +
 +
You will need to apply for several documents before you submit your decree:
 +
 +
 +
::1. Birth Certificate
 +
 +
Once you have finalized the adoption in Ethiopia, you will need to apply for a new birth certificate for your child.  The names of the adoptive parents will be listed on the new birth certificate.  In general, your child’s legal name in Ethiopia will be the child’s given name followed by the first and last names of the adoptive father (e.g. Habtamu John Smith).  When an adoptive mother is unmarried, the child’s name will follow the same pattern using the new mother’s name. Once the adoption is complete, MOWCYA prepares a request to the City of Addis Ababa for the issuance of a new birth certificate.  This is best facilitated if the request is hand-carried to the relevant office.  The fee for a new birth certificate, as of February 2013, is 300 birr per child.
 +
 +
::2. Ethiopian Passport
 +
 +
Your child is not yet a U.S. citizen, so s/he will need a travel document or passport from Ethiopia.  The MOWCYA prepares a request to the Office of Security, Immigration and Refugee Affairs for an Ethiopian passport for the child in his/her new name.  This request is best facilitated if it is hand-carried to the relevant office.  The fee for a new passport, as of February 2013, is 150 birr for children aged 7 and under, and 300 birr for children age 8 and above.  It can sometimes take 4-6 weeks for the passport to be issued by the Ministry of Immigration following certification of the adoption decree.
 +
 +
 +
'''7.  Obtain a Visa and Bring Your Child Home'''
 +
 +
'''U.S. Immigrant Visa'''
 +
 +
If your Form I-600 is approved, you then need to apply for a U.S. immigrant visa for your child from the U.S. Embassy in Addis Ababa.  This immigrant visa allows your child to travel home with you.  As part of this process, the Consular Officer must be provided the Panel Physician’s medical report on the child.
 +
 +
 +
You may submit your immigrant visa application and medical report when you submit the final, certified adoption decree, birth certificate, and Ethiopian passport for final adjudication of your Form I-600.  You can find instructions for applying for an immigrant visa on the adoption page of the U.S. Embassy in Addis Ababa’s website.  The U.S. Embassy in Addis Ababa will contact you, and your ASP or designated representative, once the Form I-600 is approved, to schedule the immigrant visa interview.
 +
 +
 +
'''Visas for Other Countries'''
 +
 +
If the child will transit through the U.K. or Germany en route to the U.S., and will exit the airport, a German or U.K. visa will be required.  A German or U.K. visa may be obtained by applying at the respective embassies in Addis Ababa.  If the child does not exit the airport then no visa is required.
 +
 +
 +
'''Child Citizenship Act'''
 +
 +
 +
'''''For adoptions finalized abroad prior to the child’s entry into the United States:'''''  A child will acquire U.S. citizenship upon entry into the United States if the adoption was finalized prior to entry and the child otherwise meets the requirements of the Child Citizenship Act of 2000.
 +
 +
'''''For adoptions finalized after the child’s entry into the United States:'''''  An adoption will need to be completed following your child’s entry into the United States for the child to acquire U.S. citizenship.
 +
 +
 +
'''''Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible.  Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.'''''
 +
 +
 +
Read more about the Child Citizenship Act of 2000
  
 
=Traveling Abroad=
 
=Traveling Abroad=

Revision as of 23:44, 4 March 2014

Hague Convention Information

Ethiopia 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).


Ethiopia participates in a Pre-Adoption Immigration Review (PAIR) program. The PAIR program requires prospective adoptive parents receive a preliminary determination on the child’s likely immigration eligibility prior to filing an adoption case with a court. This preliminary determination, referred to as the PAIR process, provides the foreign courts and relevant government authorities with information regarding a child’s likely eligibility to immigrate to the United States before the court enters an order establishing a permanent legal relationship between the U.S. citizen parent(s) and the child. The Ministry of Women Children and Youth Affairs (MOWCYA) will not issue an adoption approval letter to the Federal First Instance Court for entry of a final adoption decree until MOWCYA has received a letter indicating that USCIS has completed a PAIR review. To enable prospective adoptive parents adopting from Ethiopia to comply with Ethiopia’s new criterion, USCIS has issued a policy memo allowing prospective adoptive parents to file a Form I-600, Petition to Classify Orphan as an Immediate Relative, before filing an adoption proceeding with Ethiopian courts.


Following the receipt of a PAIR letter from USCIS and subsequent issuance of a foreign adoption decree, prospective adoptive parents must submit the foreign adoption decree and the child’s travel and identity documents to the U.S. Embassy in Addis Ababa which will then complete the final review of their Form I-600 and visa processing. If the U.S. Embassy finds the case is not clearly approvable, it will return the case to USCIS for further action. Prospective adoptive parents should pay special attention to the process described below as it differs from other non-Hague and Hague countries. Beginning on September 1, 2013, the Ethiopian government will require a PAIR letter from USCIS in all U.S. adoption cases.


Media reports in recent years alleging direct recruitment of children from birth parents by adoption service providers or their employees remain a serious concern for the Department of State. The U.S. Embassy in Addis Ababa will continue its heightened scrutiny of adoption visa processing under the PAIR program. The required Form I-604 investigation, Determination on Child for Adoption – sometimes referred to as the orphan investigation, will still occur, but at an earlier stage in the Ethiopian adoption process. The U.S. Embassy will work with adoptive parents and their adoption agency to ensure that each case is processed in the most expeditious manner possible in accordance laws and regulations.


U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS


To bring an adopted child to the United States from Ethiopia, 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 Ethiopia:

Residency

There are no residency requirements for prospective adoptive parents. However, the Government of Ethiopia generally requires adoptive parents to travel to Ethiopia prior to finalizing the adoption in Ethiopian court. In practice, this results in most adoptive parents making at least two trips to Ethiopia.

Age of Adopting Parents

The prospective adoptive parent must be at least 25 years of age. The maximum age limit for adoptive parents is 65. In addition to these age requirements, the Ethiopian Government has sometimes limited the age difference between the prospective adoptive parent and the adopted child to no more than 40 years.

Marriage

While the Ethiopian Government has shown a preference for placing children with married couples who have been married for at least five years, unmarried women are eligible to adopt under Ethiopian law as of February 2013. As the change in Ethiopian government policy regarding adoptions by unmarried women is new, adoption service providers in Ethiopia may still have different policies regarding whether or not they make referrals of adoptable children to unmarried women and under what circumstances. The U.S. Embassy in Addis Ababa urges adoptive parents to contact their agency to clarify their current policies. In general, unmarried men are ineligible to adopt under Ethiopian law unless they are of Ethiopian descent and are adopting a family member.

Income

A prospective adoptive parent must prove financial ability as determined by the Ethiopian courts, although there is no set minimum income requirement.

Other

Ethiopian law prohibits adoption by gay and/or lesbian individuals or couples.

Who Can Be Adopted

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


Relinquishment: A relinquishment occurs between the biological parent(s) of the child and the orphanage, and is certified by the appropriate local government office responsible for women’s and children’s issues. The Contract of Adoption is signed between the child's legal guardian, usually the orphanage, and the adoptive parents or their agency representative. This contract is the basis for the issuance of the adoption decree, which shows that the guardian or the orphanage has relinquished their legal rights to the adopted child. The contract must be taken to the Inland Revenue Administration office to be stamped. There is a nominal fee of 5 Ethiopian birr for this service. In general, except in inter-family adoptions, relinquishment by a living biological parent directly to a prospective adoptive parent is not permitted under Ethiopian or U.S. law.

Abandonment: When a child is abandoned, by law s/he comes into the custody of the Government of Ethiopia. Age of Adoptive Child: A child must be under the age of 18 to be adopted under Ethiopian law. Please keep in mind however that, in most cases, a child must be under the age of 16 to be eligible for immigration benefits under U.S. law unless s/he is the natural sibling of another child who was adopted by the same parents.

Sibling Adoptions: The Government of Ethiopia has demonstrated a preference for keeping sibling orphans together, if possible.

Special Needs or Medical Conditions: Biological parents who are unable to provide adequate medical care for their children, either because of special needs, HIV/AIDS, or another medical condition, are permitted to relinquish their children under Ethiopian law, even if both parents are still alive. When a child is found to have two HIV/AIDS-infected parents, or one living HIV/AIDS-infected parent, and the living parent(s) are unable to provide ongoing care for the child, the Government of Ethiopia sometimes classifies the child as an orphan and facilitates the placement of the child in institutional care.

Waiting Period or Foster Care: Typically, the Government of Ethiopia requires that a child be resident in an orphanage for three months before being adopted.


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

Ethiopia’s Adoption Authority

The Children and Youth Affairs Office (CYAO) operating under the Ministry of Women's, Children’s, and Youth Affairs (MOWCYA) is the primary adoption authority in Ethiopia.


The Process

The process for adopting a child from Ethiopia generally includes the following steps:

  1. Choose an adoption service provider
  2. Apply to be found eligible to adopt
  3. Be matched with a child
  4. File the Form I-600 with U.S. Citizenship and Immigration Services to initiate the Pre-Adoption Immigration Review prior to filing an adoption case with the courts
  5. Adopt the child in Ethiopia
  6. Receive final approval of Form I-600
  7. Obtain a Visa and bring your child home


1. Choose an Adoption Service Provider

The recommended first step in adopting a child from Ethiopia is to decide whether or not to use a licensed adoption service provider in the United States that can help you with your adoption. Please note that U.S. citizens adopting from Ethiopia are required by the Ethiopian government to use a U.S. adoption service provider that has been authorized by the Ethiopian Government to provide adoption services. Adoption service providers must be licensed by the U.S. state in which they operate. The Department of State provides information on selecting an adoption service provider on its website.


Intercountry adoptions from Ethiopia are handled by the Children and Youth Affairs Office (CYAO), a part of the Ministry of Women's, Children’s, and Youth Affairs (MOWCYA). There are currently more than 20 U.S.-based adoption agencies authorized by the Ethiopian Government to provide adoption services for American adoptive parents. For a current list, contact MOWCYA (see Contacts section below) or the Ethiopian Embassy in Washington, D.C.


2. Apply to be Found Eligible to Adopt

In order to adopt a child from Ethiopia you will need to meet the requirements of the Government of Ethiopia and U.S. immigration law. You must submit an application to be found eligible to adopt to the Ministry of Women, Children, and Youth Affairs, MOWCYA of Ethiopia. This is also called the dossier. U.S. prospective adoptive parents resident outside Ethiopia may request pre-approval to adopt prior to receiving a match. If not done prior to the match, the determination on the U.S. prospective adoptive parent(s) eligibility to adopt under Ethiopian law will be made by the MOWCYA at the time of the best interests review during the court process (see step 5 for more details). U.S. prospective adoptive parents resident in Ethiopia seeking a private adoption are required to go through the pre-approval process before receiving a match. The Embassy of Ethiopia in Washington, D.C. provides a list of required documents for the application to adopt an Ethiopian child on their website.


Prospective adoptive parents must take or send all of the required documents, certified and authenticated, to the Ethiopian Embassy in Washington, D.C. for additional authentication. Once it has completed its authentication, the Ethiopian Embassy returns the documents to the parents and the parents forward them to MOWCYA, Children and Youth Affairs Office (CYAO). You can find their address in the Contacts section of this information sheet.


MOWCYA reviews the documents for completeness and creates a dossier on the adoptive parent(s). The Claims and Authentication Section of the Protocol Office at the Ethiopian Ministry of Foreign Affairs in Addis Ababa authenticates the dossier and returns it to the Children and Youth Affairs Office (CYAO) for approval.


Note on private adoptions: In general, only U.S. citizens who currently reside in Ethiopia and have done so for two years are eligible to complete a private adoption. Most U.S. prospective adoptive parents, therefore, will be required to use a licensed adoption service provider.


Note on relative adoptions: Ethiopian-Americans who are adopting orphaned relatives do not have to come to Ethiopia to process their adoptions. They can have a representative with a power of attorney represent them in court. Married adoptive parents need to make sure that both parents have given the representative a power of attorney so that both parents' names appear on the adoption decree.


To meet U.S. immigration requirements, you may also file a Form I-600A, Application for Advance Processing of an Orphan Petition with U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services to be found eligible and suitable to adopt.


3. Be Matched with a Child

If you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority or other authorized entity in Ethiopia will provide you with a referral. Each family must decide for itself whether or not it will be able to meet the needs of and provide a permanent home for a particular child. The child must be eligible to be adopted according to Ethiopia’s requirements, as described in the Who Can Be Adopted section. The child must also meet the definition of orphan under U.S. immigration law.


At this time Ethiopian authorities publish in the local press a notice seeking any other claimants to the child, stating the child's name and the name of the prospective adoptive parents. The notice advises that any parties opposed to the adoption must appear at MOWCYA by a certain date and time.


Prospective adoptive parents have the option to either accept or refuse the referral. Upon acceptance of the referral, a Contract of Adoption is signed by the child's legal guardian, usually the orphanage, and the adoptive parents or the agency representative. The contract is taken to the Inland Revenue Administration office to be stamped. A nominal fee of 5 Ethiopian birr is charged.


4. File the Form I-600 with U.S. Citizenship and Immigration Services to initiate the Pre-Adoption Immigration Review prior to filing an adoption case with the courts

Under the Pre-Adoption Immigration Review (PAIR) program, the U.S. prospective adoptive parent(s) files a Form I-600, Petition to Classify Orphan as an Immediate Relative, with the National Benefits Center (NBC) prior to obtaining a final adoption decree from the relevant court authority in Ethiopia. After review of the Form I-600 petition and completion of the Form I-604 investigation, NBC will make a preliminary determination on whether the child meets the definition of orphan under U.S. immigration law. If the determination is favorable, NBC will issue a preliminary determination of immigration eligibility to the U.S. prospective adoptive parent(s) in the form of a USCIS PAIR letter. If an unfavorable determination is made, NBC may issue a request for additional evidence or denial letter to the U.S. prospective adoptive parent(s).


Beginning on September 1, 2013, the Ethiopian government will require a USCIS PAIR letter in all U.S. adoption cases filed with the Ethiopian Federal First Instance Court (FFIC). Therefore, beginning on May 1, 2013, all new adoption cases filed with NBC must undergo a pre-adoption immigration review.


To initiate the PAIR process, prospective adoptive parents should submit a completed Form I‑600 together with all available documentation listed in the Form I-600 Instructions, minus an adoption decree or grant of legal custody to the USCIS National Benefits Center through the Dallas Lockbox. All documents originally produced in a foreign language must be accompanied by a certified English translation. In addition, the following PAIR-specific documentation must be submitted when the child’s country of origin is Ethiopia:


1. Evidence of the match between petitioner and child such as: Adoption Contract between the Prospective Adoptive Parent (PAP) and the orphanage, together with a power of attorney appointing the Adoption Service Provider (ASP) to represent the PAP, in cases where the contract is signed by the ASP on behalf of the PAP; or Adoption Contract between the PAP and relinquishing birth relative.
2. Evidence of child’s availability for intercountry adoption, such as: Court order from Regional, Zonal or Woreda authorities; Police report from local authorities, placing the child in the care of a licensed orphanage; or Adoption Contract between PAP and relinquishing birth relative, in cases of intra-family adoption only.


In addition to the documentation required in the Form I-600 instructions pertaining to evidence that the child is an orphan as defined in section 101(b)(1)(F) and 8 CFR 204.3(b), there may be Ethiopia specific documentation that can help establish the child’s orphan status. Such documentation may include, but is not limited to:

1. Child’s life history report;
2. Police report documenting finding of abandoned child;
3. Police reports documenting disappearance of birth parent(s), if applicable;
4. Medical or Court order documenting birth parent(s)’ incapacitation or illness;
5. Copies of birth parent(s) death certificate(s).


Please note that additional documents may be requested.


USCIS will forward its preliminary favorable determination, together with the prospective adoptive parent’s file, to the U.S. Embassy in Addis Ababa. USCIS will also forward the original preliminary determination letter to the prospective adoptive parents for their records. Upon issuance of the PAIR letter, USCIS NBC will forward your petition to the U.S. Embassy in Addis Ababa for final adjudication following the completion of the Ethiopian court process.


5. Adopt or Gain Legal Custody of Child in Ethiopia

The process for finalizing the adoption in Ethiopia generally includes the following:


After September 1, 2013, under PAIR, prospective adoptive parents will file a dossier with Ethiopia’s Federal First Instance Court (FFIC) to initiate the legal adoption process in Ethiopia. This dossier will include documents related to the child’s background, such as the Life History document created by the orphanage, along with the PAIR letter, the signed adoption contract, and information about the adoptive parents’ suitability to adopt. As of February 2013, the court requires a filing fee of 25 Ethiopian birr to open a case. The FFIC will forward the case to the Ministry of Women’s, Children’s, and Youth Affairs for its review, and will usually set a specific date by which the review must be completed. MOWCYA will review the dossier, along with the approved home study, and make a determination on whether the adoption is in the best interests of the child. If it determines that the prospective adoptive parents are eligible under Ethiopian law and the adoption should move forward, the dossier will be sent back to the FFIC for a hearing. Usually, if a child has been relinquished by living relatives, the court will hold a first hearing in order to obtain the relatives’ legal consent to the adoption. One to two weeks later, the court will schedule a hearing with the adoptive parents. In most cases, if the court approves the adoption, full legal custody is transferred to the adoptive parents on the same day. The adoptive parents receive an adoption decree from the court, which they can take back to MOWCYA for certification. Possession of the certified adoption decree permits adoptive parents or their agency’s representative to begin the process of applying for a new passport and birth certificate for the child. Please see below for more information on these processes. Role of Adoption Authority: The MOWCYA approves the dossier of the prospective adoptive parents and conducts a review of the best interests of the child, including whether a preliminary determination on the immigration eligibility of the child is favorable. It makes a recommendation to the FFIC on whether the adoption should proceed. The MOWCYA also certifies the final adoption decree and provides letters of request for the issuance of amended birth certificates and passports for the adopted child.


  • Role of the Court: The FFIC accepts all petitions for intercountry adoption and forwards the dossier to the MOWCYA for the best interests review. They review the adoptability of the child, ensure the process at the local level adhered to Ethiopian law, and make the final determination on the adoption decree. The FFIC issues the final adoption decree.
  • Role of Adoption Agencies: ASPs facilitate the match of a child at a licensed Ethiopian orphanage and U.S. prospective adoptive parent(s). ASPs also act on behalf of the prospective adoptive parent(s) in filing the dossier and petition with the FFIC.
  • Adoption Application: The adoption application, also referred to as the dossier, serves to evaluate the prospective adoptive parent(s)’ eligibility to adopt under Ethiopian law. This step takes place during the MOWCYA review of the best interests of the child.
  • Time Frame: The time to complete the adoption will include approximately 12-14 weeks for the PAIR processing by USCIS following the match and approximately 6 weeks for the adoption petition to be finalized by the Government of Ethiopia. Following the issuance of the adoption decree in Ethiopia, an additional 4-6 weeks will be necessary for the Ethiopian passport application.
  • Adoption Fees: As of February 2013, the fees for the Ethiopian government portions of the adoption process total approximately $35 U.S. dollars, but must be paid in the local currency. The fees charged are:
A. 5 Birr – Fee for Inland Revenue Authority stamp on adoption contract
B. 25 Birr – Fee for opening an adoption case with the Federal First Instance Court
C. 300 Birr – Fee for child’s Ethiopian birth certificate
D. 150-300 Birr – Fee for child’s Ethiopian passport

There may be additional fees charged by the U.S. adoption service provider (ASP) or Ethiopian legal counsel. Prospective adoptive parents should seek information in writing, upfront of all fees their ASP or legal representative will charge throughout the process. Many non-adoption related services, like lodging or transportation, for example, can be booked privately by prospective adoptive parents prior to traveling to Ethiopia. Prospective adoptive parents are encouraged to research all of the options available to them, which will give them an idea of the price of various goods and services on the local market. For prospective adoptive parents with legal questions, Embassy Addis Ababa can provide a list of local attorneys with experience working with American Citizens, including some that specialize in adoptions.

  • Documents Required: Please refer to the Embassy of Ethiopia in Washington, D.C. website for a list of requirements for the adoption dossier. NOTE: Additional documents may be requested.
  • Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. If so, the Department of State, Authentications Office may be able to assist.


6. Receive final approval of your Form I-600

Under the PAIR program, your Form I-600, Petition to Classify Orphan as an Adopted Child is not adjudicated until after your adoption is complete. You need to submit the final adoption decree issued by the FFIC and certified by MOWCYA, as well as the child’s identity and travel documents, to the U.S. Embassy in Addis Ababa in order to complete the processing of the Form I-600 and receive a final determination on the immigration eligibility of your child. The U.S. Embassy in Addis Ababa will approve Form I-600s that are clearly approvable.


You will need to apply for several documents before you submit your decree:


1. Birth Certificate

Once you have finalized the adoption in Ethiopia, you will need to apply for a new birth certificate for your child. The names of the adoptive parents will be listed on the new birth certificate. In general, your child’s legal name in Ethiopia will be the child’s given name followed by the first and last names of the adoptive father (e.g. Habtamu John Smith). When an adoptive mother is unmarried, the child’s name will follow the same pattern using the new mother’s name. Once the adoption is complete, MOWCYA prepares a request to the City of Addis Ababa for the issuance of a new birth certificate. This is best facilitated if the request is hand-carried to the relevant office. The fee for a new birth certificate, as of February 2013, is 300 birr per child.

2. Ethiopian Passport

Your child is not yet a U.S. citizen, so s/he will need a travel document or passport from Ethiopia. The MOWCYA prepares a request to the Office of Security, Immigration and Refugee Affairs for an Ethiopian passport for the child in his/her new name. This request is best facilitated if it is hand-carried to the relevant office. The fee for a new passport, as of February 2013, is 150 birr for children aged 7 and under, and 300 birr for children age 8 and above. It can sometimes take 4-6 weeks for the passport to be issued by the Ministry of Immigration following certification of the adoption decree.


7. Obtain a Visa and Bring Your Child Home

U.S. Immigrant Visa

If your Form I-600 is approved, you then need to apply for a U.S. immigrant visa for your child from the U.S. Embassy in Addis Ababa. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the Panel Physician’s medical report on the child.


You may submit your immigrant visa application and medical report when you submit the final, certified adoption decree, birth certificate, and Ethiopian passport for final adjudication of your Form I-600. You can find instructions for applying for an immigrant visa on the adoption page of the U.S. Embassy in Addis Ababa’s website. The U.S. Embassy in Addis Ababa will contact you, and your ASP or designated representative, once the Form I-600 is approved, to schedule the immigrant visa interview.


Visas for Other Countries

If the child will transit through the U.K. or Germany en route to the U.S., and will exit the airport, a German or U.K. visa will be required. A German or U.K. visa may be obtained by applying at the respective embassies in Addis Ababa. If the child does not exit the airport then no visa is required.


Child Citizenship Act


For adoptions finalized abroad prior to the child’s entry into the United States: A child will acquire U.S. citizenship upon entry into the United States if the adoption was finalized prior to entry and the child otherwise meets the requirements of the Child Citizenship Act of 2000.

For adoptions finalized after the child’s entry into the United States: An adoption will need to be completed following your child’s entry into the United States for the child to acquire U.S. citizenship.


Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.


Read more about the Child Citizenship Act of 2000

Traveling Abroad

After Adoption

SOURCE

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