International Parental Child Abduction

Syria

DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.

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NOTE: The information contained in this flyer is intended as an introduction to the basic elements of children’s issues in Syria. It is not intended as a legal reference. Currently there are no international or bilateral treaties in force between Syria and the United States dealing with international parental child abduction. The Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked if a child is taken from the United States to Syria, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.

General Child Custody Information

Syrian custody law generally follows Islamic law. The father or his family is usually entitled to custody of a child. Although the courts do grant the mother physical custody in some cases, permission to take the children outside Syria is not granted (See Exit Permits below), particularly when the child is under nine years old if a boy, or under eleven years old if a girl. Some American parents have been successful in obtaining custody before Syrian courts. A list of lawyers willing to handle such cases is available from both the Office of Children’s Issues and the U.S. Embassy in Damascus.

One important factor in obtaining custody in Syria is whether the Syrian parent has registered either the marriage or the child's birth with Syrian authorities, either in Syria or at the Syrian Embassy in Washington. Contact the Office of Children’s Issues in the Department of State or the Syrian Embassy to inquire if a marriage or birth has been registered, if a child has been issued a Syrian passport, or for general information on Syrian family law. See contact information below.

Dual Nationality and Exit Permits

Children born to Syrian citizens acquire Syrian citizenship even when they are born in the United States and are U.S. citizens. If a dual national child of a Syrian father enters Syria on a U.S. passport and tourist visa and has stayed less than one month, he or she should be able to depart with his or her mother unless the Syrian father contacts Syrian emigration authorities to prevent departure. However, if the child has stayed in Syria for longer than one month, paternal permission is required for departure.

There is no legal way to circumvent this requirement. The child needs to be issued an exit visa by the Syrian authorities, which requires the Syrian father's written permission, regardless of whether the child's passport is the same one he or she used to enter Syria, or whether it is a replacement passport issued by the U.S. Embassy in Damascus.

If the father is absent, the law delegates his authority over the child to a person regarded as the child's guardian, not the mother. No guardian is officially appointed by the Syrian court, rather, the role is assigned automatically to a male relative of the father. This guardian will almost never risk family disapproval by acting counter to the father's wishes.

PLEASE NOTE: American citizens who travel to Syria place themselves under the jurisdiction of Syrian courts. U.S. court orders cannot usually be enforced in Syria. If a Syrian parent chooses to remain in Syria or leave a child behind in Syria, the U.S. Embassy cannot force either the parent or the Syrian Government to return the child to the United States, regardless of what custody orders U.S. courts may issue, nor is it possible in most cases to extradite a Syrian parent to the United States for parental child abduction. American citizens planning a trip to Syria with dual national children should bear this in mind.

Specific questions regarding child custody in Syria may be addressed to:

For further information on international parental child abduction, contact the Office of Children's Issues at 202-736-7000, visit our home page on the Internet at http://travel.state.gov, or send a nine-by-twelve-inch, self-addressed envelope to:

In addition, the State Department publishes Consular Information Sheets for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations in a country are sufficiently serious, the State Department issues Travel Warnings which recommend U.S. citizens avoid traveling to a country. These documents are available on the Internet at http://travel.state.gov.

Other Government Websites

• First Gov Service Locator
• U.S. Department of Justice
• The White House
• more >