INTERNATIONAL ADOPTION

April 2004

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 legal counsel.

The U.S. Embassy in Addis Ababa confirms that the following agencies are approved by the Ethiopian Government. Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located. Neither the U.S. Embassy nor the Department of State can vouch for the efficacy or professionalism of any agent or facilitator.

Americans for African Adoption
8910 Timberwood Drive
Indianapolis, IN 46234-1952
phone: 317-271-4567
fax: 317-271-8739
email: amfaa@aol.com
http://www.africanadoptions.org/

Adoption Advocates International
401 East Front Street
Port Angeles, WA 98362
phone: 360-452-4777
http://www.adoptionadvocates.org/

Children's Home Society and Family Services
1605 Eustis Street
St. Paul, MN 55108
Phone: 651-646-6393
Fax: 651-646-0436
email: info@chsm.com
http://www.chsm.com/

Wide Horizons for Children, Inc.
38 Edge Hill Road
Waltham, MA 02451
phone: (781) 894-5330
Fax: (781) 899-2769
email: info@whfc.org
http://www.whfc.org/

Please see Important Notice Regarding Adoption Agents and Facilitators at the Web site for the Bureau of Consular Affairs at http://travel.state.gov.

PLEASE NOTE: The Department of State is aware that there are adoption agencies that claim they can assist with adoptions in Ethiopia. The U.S. Embassy in Addis Ababa confirms that only four agencies are approved by the Ethiopian Government. It is possible for long-term residents of Ethiopia to adopt without an agency; however, this is done on a case-by-case basis. U.S. citizens must work with the Ethiopian governmental central authority, the Children, Youth and Family Affairs Department (CYFAD) which is under the Ministry of Labor and Social Affairs. Americans who enter into private adoptions that bypass the CYFAD will not be able to take the child out of Ethiopia, and will not be able to obtain a U.S. immigrant visa. Prospective adoptive parents are advised to carefully read the adoption procedures described below.

GENERAL: The following is a guideline for U.S. citizens who are interested in adopting a child in Ethiopia and applying for an immigrant visa for the child to come to the United States. This process involves complex Ethiopian and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parent(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officers in Ethiopia before formalizing an adoption agreement to ensure that appropriate procedures have been followed, which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

FY-1996: IR-3 immigrant visas issued to Ethiopian orphans adopted abroad - 44
IR-4 immigrant visas issued to Ethiopians orphans adopted in the U.S. - 0
FY-1997: IR-3 Visas - 50, IR-4 Visas - 32
FY-1998: IR-3 Visas - 87, IR-4 Visas - 9
FY-1999: IR-3 Visas - 66, IR-4 Visas - 5
FY-2000: IR-3 Visas - 112, IR-4 Visas - 14
FY-2001: IR-3 Visas - 117, IR-4 Visas - 41

ETHIOPIAN ADOPTION AUTHORITY: The government office responsible for adoptions in Ethiopia is the Children Youth and Family Affairs Department (CYFAD) which is under the Ministry of Labor and Social Affairs. They can be reached at 011- 251-1-505-358.

ADOPTION PROCEDURES: Step One: Prospective adoptive parents must take all of the documents listed below to the Ethiopian Embassy in Washington, D.C. for authentication. Next the documents should be forwarded to the Children Youth and Family Affairs Department in Addis Ababa where they will be reviewed for completeness (this is done through an adoption agency).

Please note: Steps Two to Twelve are handled by an adoption agency.

Step Two: The documents are taken to the Claims and Authentication Section of the Protocol Office at the Ministry of Foreign Affairs to be authenticated. There is a fee for authentication stamps; the stamps are affixed to the first page of the documents.

Step Three: The papers are returned to Children, Youth and Family Affairs Department (CYFAD). CYFAD will then affix a summary sheet, which contains items such as court decisions, background data on the adopted child or children, and the names of Adoption Committee members who will complete the form at a later date (see below).

Step Four: The CYFAD submits the documents to the Adoption Committee. The Adoption Committee meets every week to review cases. The Committee either approves or rejects an adoption based on Ethiopian guidelines for intercountry adoptions. It may take up to one month before the Committee reviews a case, depending on the backlog of cases.

Step Five: Once the Committee has approved a case, a child is identified for prospective parents to adopt, according to the parents' preferences for age and sex.

Step Six: A Contract of Adoption is signed between the CYFAD and the adoptive parents' legal representative.

Step Seven: The adoption agency takes the contract to the Inland Revenue Administration office to be stamped. There is a nominal fee.

Step Eight: Concurrently, the CYFAD opens a file at the High Court to apply for an appointment date. The court date could be one to two months from the date of filing. The Court generally is closed during the latter half of July and the month of August.

Step Nine: A notice for publication is published in the local press stating the child's name and the name of the adopting parent(s).

Step Ten: When the appointed court date arrives, the prospective parents or their designated attorney will be asked to appear in court. Final decisions can be handed down quickly, but delays of two weeks or longer are not uncommon.

Step Eleven: The adoption agency obtains a document from the CYFAD validating the adoption. The agency then uses this document to obtain the adopted child's new birth certificate from the municipality, which shows prospective parents' family name as the child's name, and a laissez-passer or passport from Central Immigration, which will be needed to process the child's U.S. immigrant visa.

Step Twelve: The adoption agency will have the court decision translated into English from Amharic, and then have the original and the translated versions authenticated by the High Court and the Ministry of Foreign Affairs. After this procedure, the adoption agency will bring both versions to the U.S. Consulate for authentication of the translation and to check signature and stamps affixed by the Ministry of Foreign Affairs.

AGE AND CIVIL STATUS REQUIREMENTS: Any person who is twenty-five years old or older may adopt. Where there is an adoption made by a married couple, at least one of them should be twenty-five. There is no maximum age limit on the adoptive parent.

ADOPTION AGENCIES IN ETHIOPIA: The U.S. Embassy in Addis Ababa confirms that only four agencies are approved by the Ethiopian Government. Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located. Neither the U.S. Embassy nor the Department of State can vouch for the efficacy or professionalism of any agent or facilitator.

Please see Important Notice Regarding Adoption Agents and Facilitators at the Web site for the Bureau of Consular Affairs at http://travel.state.gov.

Americans for African Adoption
8910 Timberwood Drive
Indianapolis, IN 46234-1952
phone: 317-271-4567
fax: 317-271-8739
email: amfaa@aol.com
http:/www.africanadoptions.org

Adoption Advocates International
401 East Front Street
Port Angeles, WA 98362
phone: 360-452-4777
http://www.adoptionadvocates.org/

Children's Home Society and Family Services
1605 Eustis Street
St. Paul, MN 55108
Phone: 651-646-6393
Fax: 651-646-0436
email: info@chsm.com
http://www.chsm.com/

Wide Horizons for Children, Inc.
38 Edge Hill Road
Waltham, MA 02451
phone: (781) 894-5330
Fax: (781) 899-2769
email: info@whfc.org
http://www.whfc.org

DOCTORS: The U.S. Embassy maintains current lists of doctors and sources for medicines, should either you or your child experience health problems while in Ethiopia. As part of the Immigrant Visa application process, your child must undergo a physical examination by a panel physician who has a contractual agreement with the U.S. Embassy. One of the panel physicians is a pediatrician by specialty.

DOCUMENTARY REQUIREMENTS:

• Birth Certificate of prospective parent (s)
• Marriage license/certificate, if applicable
• Duration and stability of marriage
• Police Clearance of applicant and spouse
• Medical certificate (may be obtained from a U.S. clinic)
• Evidence of economic status, including a letter from employer showing salary, date of employment and position in the organization; bank statement; life insurance statement; other income or assets
• Two letters of reference from friends, relatives, church or other sources qualified to assess your character, the stability of your marriage, and your ability to parent.
• A short written statement from you explaining why an Ethiopian child is preferred
• Two passport-size photographs of the prospective adoptive parent(s).
• Home study prepared by a qualified social worker, which specifies the following: personal and family status; character and personal qualities; educational background; duration and stability of marriage; financial and medical situations; present address and U.S. address; condition of home in country of residence; address and names of family of origin (i.e., parents; recommendation regarding your suitability as an adoptive parent.
• The agency who does the home study and recommendation on the applicants must be accepted by the concerned government and the respective Ethiopian Embassy or consulate.
• "Obligation of Adoption or Social Welfare Agency" signed by the Adoption Agency handling the case, or by the parents' employer, in which the parents' agree to allow follow-up visits by a social worker, and to submitted the Children, Youth and Family Affairs Department (CYFAD) regular progress reports on the child's (or children's) adjustment to/development in the adoptive home. These visits are usually scheduled at 3 months, 6 months, 1 year and then once a year until the child reaches the age of 18.
• "Obligation of Adoption or Social Welfare Agency" form must be forwarded together with the psychosocial study.
• Verification by the adoption agency on qualification for naturalization under the national law of the applicant.

All the documents mentioned should be submitted or forwarded directly by the concerned person(s) or agency to the secretary of CYFAD.

AUTHENTICATIONS: Documents issued in the U.S. need to be authenticated at the Ethiopian Embassy for use abroad.

Ethiopian Embassy in the United States
3506 International Drive
Washington, D.C. 20008
Tel: 202-364-1200
Fax: 202-686-9551
Email: ethiopia@ethiopianembassy.org
http://www.ethiopianembassy.org

Generally, U.S. civil records, such as birth, death, and marriage certificates must bear the seal of the issuing office. Tax returns, medical reports and police clearances should likewise be authenticated, beginning with the seal of notary public in the United States or some appropriate issuing office. The county clerk where the notary is licensed or some similar authority should authenticate the notary's seal. Then the document must be authenticated by the state's Secretary of State in your state capital, then by the U.S. Department of State Office of Authentications and then by the Ethiopian Embassy or Consulate in the United States. Prospective parents should check with the Ethiopian Consulate in the U.S. with jurisdiction over their home state to see what seals and signatures the Consulate can authenticate. It may be possible to eliminate some of the steps if the Consulate has the seal of the local issuing authority on file.

Copies of tax returns, medical reports and police clearances should likewise be authenticated, beginning with the seal of a notary public in the United States, or some appropriate issuing office. The notary's seal should be authenticated by the clerk-of-court of the county where the notary is licensed, or some similar authority. The document should then be authenticated by the appropriate State Secretary of State in the U.S., the U.S. Department of State's Authentication's Office, and the Guatemalan Embassy or nearest Consulate.

Documents issued by a federal agency must be authenticated by the U.S. Department of State. The U.S. Department of State's Authentication's Office is located at 518 23rd Street, NW, State Annex 1, Washington, D.C. 20522, tel: (202) 647-5002. Walk-in service is available from 7:30 a.m. to 11:00 a.m. Monday-Friday, except holidays. The Department charges $5.00 per document for this service, payable in the form of a check drawn on a U.S. bank or money order made payable to the Department of State.

For additional information about authentication procedures, please see the Judicial Assistance page of the Bureau of Consular Affairs Web site at http://travel.state.gov.

U.S. IMMIGRATION REQUIREMENTS FOR ORPHANS

An Ethiopian child adopted by an U.S. citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. The child must be an orphan, as defined by U.S. immigration regulations. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by a U.S. Citizen. The Department of State encourages U.S. citizens to verify that a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by BCIS is described below and can also be found on the BCIS web site at http://www.uscis.gov.

An Orphan. If an adopted child has not resided with and been in the legal custody of the adoptive parent for at least two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

The child must be under the age of 16 at the time an I-600 Petition is filed with the BCIS on his or her behalf. The child meets the U.S. immigration law definition of "orphan" either because:

(a) The child has no parents because of the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents**; or
(b) The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption.

The adopting parents must have completed a full and final adoption of the child (for IR-3) or must have legal custody of the child to take the child to the United States for emigration and adoption (for IR-4).

**Prospective adopting parents should note that the terms "disappearance of both parents," "abandonment by both parents," "desertion by both parents," "separation from both parents," and "loss from both parents" all have specific legal meanings defined in section 204.3(b) of Title 8 of the U.S. Code of Federal Regulations. Whether a child qualifies as an orphan under any of these categories is determined by reference to the U.S. regulatory definitions and not by any local (foreign) law designations that may be used to identify a child as orphaned.

The adopting parent(s) must meet the following BCIS requirements in order to file the I-600 petition for the immigrant visa for an adopted child:

If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption. If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age. The adoptive or prospective adoptive parent must be a U.S. citizen.

VISA PETITION PROCEDURES FOR ORPHANS

The Petition

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy inEthiopia .

Documentary Requirements for the I-600A

• Approved Form I-600A (Application for Advance Processing of Orphan Petition),
• Fingerprints of each prospective adoptive parent on Form FD-258;
• Proof of the prospective petitioner's United States citizenship;
• Proof of the marriage of the prospective petitioner and spouse, if applicable;
• Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable;
• A "home study" completed by the appropriate State organization with a favorable
  Recommendation;
• Filing fee of U.S. $460.00

The I-600 is filed at the U.S. Embassy in Addis Ababa after an adoptive parent has legal custody of a child. If an I-600A has already been approved, there is no fee. However, if parents are adopting two or more biologically unrelated children, there will be a $332 fee for the second child.

Documentary Requirements for the I-600

• Form I-600, Petition to Classify Orphan as an Immediate Relative,
• Proof of the orphan's age;
• Death certificate(s) of the orphan's parent(s), if applicable;
• Proof that the orphan's sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan only has one parent;
• A final decree of adoption, if the orphan has been adopted abroad;
• Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage;
• Proof that the pre-adoption requirements, if any, of the state of the orphan's proposed residence have been met, if the orphan is to be adopted in the United States.

Detailed information about filing these forms can be found on BCIS's web site at http://www.uscis.gov. U.S. who have adopted or hope to adopt a child from Ethiopia should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Ethiopia as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an BCIS office in the US.

The Orphan Investigation

One part of the petition process that BCIS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. A consular officer performs this investigation at the time of the child's immigrant visa interview.

DOCUMENTARY REQUIREMENTS FOR U.S. VISA: The following documents are required for immigrant visa processing in adoption cases at the U.S. Embassy in Addis Ababa:

• Approved I-600 or I600A from BCIS;
• Valid passport;
• Two color photographs (with a white background. The child's face should be shown turned slightly (3/4) to the left showing the child's right ear, but the left eye should also remain visible);
• Biographic Data form OF-230 Part I and II;
• Completed medical examinations (via panel physician) and vaccination documents;
• Form I-864 Affidavit of Support, and supporting documents (for IR-4 cases in which the child will be readopted in the U.S.);
• Birth Certificate--one certified copy with English translation;
• Custody Decree--issued by the court, with English translation;
• Adoption Decree--issued by the court, with English translation;
• Permission to leave Ethiopia--issued by the court, with English translation.

NATURALIZATION: The Child Citizenship Act of 2000 allows for the automatic acquisition of U.S. citizenship for foreign adopted children of U.S. citizens. If a foreign - born child was adopted abroad and entered the United States on an Immediate Relative (IR) -3 visa, the child automatically becomes a U.S. citizen. If a foreign-born child enters the United States on an IR-4 visa and is adopted in a U.S. court, the child will become a U.S. citizen when the adoption is finalized (the child will be a legal permanent resident until then).

U.S. EMBASSY IN ETHIOPIA:
Entoto St.
P.O. Box 1014
Addis Ababa, Ethiopia
Tel: +[251](1) 550-666
Fax (Consular Section): +[251](1) 551-094
Email: consaddis@state.gov

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Ethiopia may be addressed to the Consular Section of the U.S. Embassy or Consulate in Ethiopia. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, Tel: toll-free 1-888-407-4747 with specific questions.

Information is also available from several sources:

Telephone

Call Center -Toll Free Hotline: Overseas Citizens Services in the Bureau of Consular Affairs (CA/OCS) has established a toll free hotline for the general public at 1-888-407-4747. The OCS hotline can answer general inquiries regarding international adoption and will forward calls to the appropriate Country Officer. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calls from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328.

State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225.

Bureau of Citizenship and Immigration Services in the Department of Homeland Security - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet - the Consular Affairs web site, at: http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

BCIS web site - http://www.uscis.gov

Other information:

Consular Information Sheets - The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets (CIS's) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CIS for that country, the State Department may issue a Public Announcement alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at http://travel.state.gov or by calling the State Department's Office of Overseas Citizen Services at (202) 647-5225.