Revision as of 01:09, 11 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 There may be regulations within the Ministry of Labor and Human Welfare that are unpublished but still apply to Intercountry adoptions.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

Eritrea’s Adoption Authority

Ministry of Labor and Human Welfare

The Process

The process for adopting a child from Eritrea 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. Adopt [or obtain custody of] the child in Eritrea
5. Apply for the child to be found eligible for orphan status
6. Bring your child home

1. Choose an Adoption Service Provider

The recommended first step in adopting a child from Eritrea is to decide whether or not to use a licensed adoption service provider in the United States that can help you with your adoption. 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.

There are no authorized adoption agencies in Eritrea. However, the Ministry of Labor and Human Welfare facilitates and oversees both domestic and intercountry adoptions.

If there is a request regarding an intercountry adoption, the Ministry of Labor and Human Welfare assists with the processing and obtaining documentation regarding the adoption. In the event prospective adoptive parents wish to consult an attorney, a list of attorneys can be obtained from the U.S. Embassy in Asmara website. Neither the U.S. Embassy nor the Department of State can vouch for qualifications of attorneys on this list.

2. Apply to be Found Eligible to Adopt

In order to adopt a child from Eritrea, you will need to meet the requirements of the Government of Eritrea and U.S. immigration law. You must submit an application to be found eligible to adopt with the Ministry of Labor and Human Welfare of Eritrea.

To meet U.S. immigration requirements, you may also file an 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 Eritrea 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 Eritrea’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.

4. Adopt or Obtain Legal Custody of Child in Eritrea

The process for finalizing the adoption (or obtaining legal custody) in Eritrea generally includes the following:

• Role of Adoption Authority: The Ministry of Labor and Human Welfare facilitates and oversees both domestic and intercountry adoptions involving children in Eritrea. The Ministry of Labor and Human Welfare signs the adoption contract as the guardian for the children, and verifies that prospective adoptive parents satisfy the conditions for adoption.
• Role of the Court: All adoptions must be finalized through the Ministry of Labor and Human Welfare and/or by the High Court. For adoptions of children under the custody of the Ministry of Labor and Human Welfare, the adoption must have approval of both the Ministry and the High Court. Adoptions of children not under Ministry custody can be processed solely through the High Court. Prospective adoptive parents must first work with local clerks of the municipal government of the area where the child resides to obtain a statement that transfers custody from the biological parent(s) or relative (if available) or the Ministry of Labor and Human Welfare to the prospective adoptive parents. Prospective adoptive parents submit the request for transfer of custody and the application to adopt to the High Court. The court is required to hear the testimony of children age 10 and above, though only children 15 and above must consent for the adoption to be approved. The court may not approve the adoption if the parties do not show good reasons for the adoption and cannot demonstrate how it is advantageous to the child. It is the in judge’s discretion whether the adoption meets these criteria. The adoption goes into effect as of the date the High Court's judge signs the petition.
• Role of Adoption Agencies: There are no authorized adoption agencies in Eritrea.
• Adoption Application: Most children in orphanages are “abandoned” children, meaning they have no living parents or relatives to care for them. The Ministry of Labor and Human Welfare has custody of abandoned children and the authority to place these children with prospective adoptive parents. In these cases, the application is made to the Ministry of Labor and Human Welfare. However, some children residing in orphanages also have surviving parent(s) and/or distant relatives. For such children, as well as for adoptions conducted directly between the birth relatives and the prospective adoptive parents, the application can be made to any court before proceeding to the High Court for final approval of the adoption contract. Before adopting a child, prospective adoptive parents should consider speaking with an attorney to ensure the child meets the definition of orphan under U.S. immigration law. For the child to exit Eritrea, an exit visa is required. Eritrean Immigration will place an exit visa in the child's Eritrean passport. The fee for this service is about $7. If the child will transit through Frankfurt, Germany, or Amsterdam, Netherlands, en route to the United States, a Schengen States transit visa is required. Adoptive parents can apply for a Schengen States transit visa at the Italian Embassy in Asmara (about $45). If the child remains in the Frankfurt airport, and does not pass through immigration controls, the child doesn't need a transit visa. An adopted Eritrean child transiting the Amsterdam airport will still need a transit visa.
• Time Frame: There is no set time frame for the application for and approval of adoption. Anecdotally, the adoption process takes approximately six months, but can take longer.
• Adoption Fees: Under Eritrean law prospective adoptive parents are required to retain an attorney for adoption proceedings. Adoption fees paid to the attorney vary. There is no specific fee for filing an adoption application with the Ministry of Labor and Human Welfare. In private contracts, the parties may be required to pay service fee to the person who prepared the contract, which normally does not exceed $70. This amount may be larger if the contract is drafted by a lawyer. The court fee is nominal, at present $2. The fee to obtain the birth certificate may not exceed $7. If the adoptive child is younger than 18, the passport fee is $200. If the child is 18 or older, the fee is $270.
• Documents Required: The following are required documents:

1. A written statement from the prospective adoptive parents explaining why an Eritrean child is preferred;

2. Original birth certificate(s) of the prospective adoptive parent(s);

3. Original marriage license/certificate, if applicable. NOTE: If originals are not available, certified copies must be authenticated in the United States;

4. An original Eritrean police clearance for each of the prospective adoptive parent(s) including those residing outside Eritrea;

5. A medical certificate/clearance for each of the prospective adoptive parent(s);

6. An original home study prepared by a qualified social worker, which specifies the following:

a. Personal and family status;

b. Character and personal qualities;

c. Educational background;

d. Duration and stability of marriage;

e. Financial and medical situations;

f. Present address and U.S. address;

g. Condition of home in country of residence;

h. Address and names of family of origin (i.e., parents); and

i. The agency's recommendation regarding the prospective adopting parent(s) suitability as an adoptive parent with an original translation into Tigrigna. NOTE: The agency that conducts the home study and issues the recommendation must have approval to do so in the parents' state of residence. If adoptive parents establish residency in Eritrea, they may submit an Eritrean home study instead;

7. Evidence of economic status, which must include a letter from prospective adoptive parents' employer showing salary, date of employment, position in the organization and a bank statement. Proof of life insurance and health insurance, and other proof of income or assets may also be submitted;

8. Three letters of reference from friends, relatives, church, or other sources qualified to assess prospective adoptive parents' character, the stability of their marriage, and their ability to parent;

9. Two passport-size photographs of the prospective adoptive parent(s);

10. If the prospective adoptive parent(s) do not come to Eritrea together to oversee this entire process, then they must execute a power of attorney for their adoption agency. If only one parent will travel to Eritrea, the other parent must execute a power of attorney for him/her. That power of attorney must be authenticated by the Eritrean Embassy in Washington, D.C. This applies to all prospective adopting parents living in the U.S. - Eritrean nationals and non-Eritreans alike.

11. "Obligation of Adoption or Social Welfare Agency" signed by the adoption agency handling the adoption, or, for private adopters, from the organization that provided the home study, or by the parents' employer, in which the parent(s) agree to allow follow-up visits by a U.S. social worker, and to submit regular progress report to the Ministry of Labor and Human Welfare on the child's (or children's) adjustment to/development in the adoptive home. These visits should be scheduled three months, six months, and one year after the adoption and annually thereafter until the child reaches 18. This form must be forwarded together with the psychosocial study/home study and an original translation into Tigrigna, by either the parents or the adoption agency; and

12. Verification by the adoption agency or home study organization on the child's qualification for naturalization under the laws of the parents' country of residence with an original translation into Tigrigna. 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.

5. Apply for the Child to be Found Eligible for Orphan Status

After you finalize the adoption (or gain legal custody) in Eritrea, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the definition of orphan under U.S. immigration law. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative.

6. Bring Your Child Home

Once your adoption is complete (or you have obtained legal custody of the child), you need to apply for several documents for your child before you can apply for a U.S. immigrant visa to bring your child home to the United States:

1. Birth Certificate

If you have finalized the adoption in Eritrea, you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate. In the case of parents who have been granted custody for the purpose of adopting a child in the United States, the birth child’s certificate may not include the adoptive parents’ names. Adoptive parents may apply for a birth certificate in Eritrea by submitting a request to the Municipality of the child’s residence.

If the request is made within 90 days of the child’s birth, the Municipality will issue the birth certificate automatically.

If the request is made after 90 days, the family must go to the zonal administration of their district with the support of three witnesses to request approval for the issuance of a birth certificate. After approval, the Administration will give applicants a sealed envelope with the biographic information to be delivered to the municipality. Based on the data, the municipality will issue the birth certificate.

2. Eritrea Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Eritrea.

At least one adoptive parent must be of Eritrean origin and hold an Eritrean identity card. If neither adoptive parent meets this requirement, even if a legal adoption has been completed, the local administrative zone will not issue a passport to the child. The biological parents will need to apply for the passport, or in the cases of abandoned and orphaned children, the U.S. Consular Officer processing the Immigrant Visa must request authorization for a passport waiver or travel letter from the Department of Homeland Security (DHS).

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child and you have filed Form I-600, Petition to Classify Orphan as an Immediate Relative, you then need to apply for a U.S. immigrant visa for your child from the United States Embassy in Nairobi, Kenya (as all visa services are closed in Eritrea). 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 can find instructions for applying for an immigrant visa on the U.S. Embassy in Nairobi, Kenya website. The consular section can also be reached at (254) (020)-3753705 or (020)-363-6492.

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

Applying for Your U.S. Passport

U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place.

Obtaining a Visa to Travel to Eritrea

In addition to a U.S. passport, you may also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Eritrea, see the Department of State's Country Specific Information.

Staying Safe on Your Trip

Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.

Staying in Touch on Your Trip

When traveling during the adoption process, we encourage you to enroll with the Department of State. Enrollment makes it possible to contact you if necessary. Whether there is a family emergency in the United States or a crisis in Eritrea enrollment assists the U.S. Embassy or Consulate in reaching you.

Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).

After Adoption

What resources are available to assist families after the adoption?

Many adoptive parents find it important to find support after the adoption. Take advantage of all the resources available to your family -- whether it's another adoptive family, a support group, an advocacy organization, or your religious or community services.

Here are some good places to start your support group search:

Adoption Services Support Groups for Adopting Persons

North American Council on Adoptable Children

NOTE: Inclusion of non-U.S. Government links does not imply endorsement of contents.

Contact Information

U.S. Embassy in Eritrea

179 Alaa Street P.O. Box 211 Asmara, Eritrea Tel: (291)(1) 12-00-04 Fax: (291)(1) 12-75-84 Email: ConsularAsmara@state.gov Internet: U.S. Embassy Eritrea

Eritrea’s Adoption Authority

Ministry of Labor and Human Welfare P. O. Box 5252 Asmara, Eritrea Tel: (291) 1-151846

Embassy of Eritrea

1708 New Hampshire Ave, NW Washington, DC 20009 Tel: (202) 319-1991 Fax: (202) 319-1304 Email: girma@embassyeritrea.org Internet: Embassy of Eritrea

Office of Children’s Issues

U.S. Department of State CA/OCS/CI SA-17, 9th Floor Washington, DC 20522-1709 Tel: 1-888-407-4747 Email: AskCI@state.gov Internet: U.S. Department of State

Source

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information[1]