INTERCOUNTRY ADOPTION


ERITREA

July 2006

Disclaimer: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

PLEASE NOTE:
In order to adopt Eritrean children, prospective adoptive parents who are not Eritrean citizens must reside in Eritrea for at least six continuous months immediately prior to the adoption.

In the U.S. Embassy’s experience, most adoptions by U.S. citizens have been of younger relatives.  However, there have been difficulties in verifying the children’s ages and that they meet the U.S. immigration requirements for “orphan.”

Eritrea requires post-adoption reports for adopted children at three months, six months and one year after the adoption and annually thereafter until the child reaches 18.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans.

Fiscal Year       Number of Immigrant Visas Issued
FY 2005                                      15
FY 2004                                       6
FY 2003                                       6
FY 2002                                       4
FY  2001                                      1

ADOPTION AUTHORITY IN ERITREA:  The adoption authority responsible for adoptions in Eritrea is the Ministry of Labor & Human Welfare. They can be reached by phone at: (291) 1-151846.  Contact Mr. Tekle Tesfay at that office for more information.

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

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:
Prospective adoptive parents must be between the ages of 25 and 50 and be at least 21 years older than the child at the time of adoption.  Prospective adoptive parents do not need to be married.

RESIDENCY REQUIREMENTS:
Prospective adoptive parents must have resided in Eritrea for at least six consecutive months prior to the date of the application unless they are Eritrean citizens.

TIME FRAME:
The adoption process takes approximately six months, but can take longer.  This time period is separate from the 6-month residency requirement.

ADOPTION AGENCIES AND ATTORNEYS:
  There are no official adoption agencies in Eritrea; however, the Ministry of Labor & Human Welfare facilitates and oversees both local and intercountry adoptions.  

There are no specialized adoption attorneys.  If there is a request regarding an intercountry adoption, the Ministry of Labor & Human Welfare will be asked to assist. 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 website at: http://usembassy.state.gov/eritrea/attorney.html.  Neither the U.S. Embassy nor the Department of State can vouch for the efficacy or professionalism of attorneys on this list.

All adoptions must be finalized through the office of the Ministry of Labor & Human Welfare and/or by the High Court.
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/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.  Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES IN ERITREA:  Please note that prospective adoptive parents are required under Eritrean law to retain an attorney for adoption proceedings.  Adoption fees paid to the attorney vary depending. 

ADOPTION PROCEDURES:
  Most children in orphanages are abandoned children, i.e. 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.   However, some children residing in orphanages also have surviving parent(s) and/or distant relatives.   Prospective adoptive parents need to work with birth parent(s) or the distant relative of the child regarding the release of the child for adoption.  Please be advised that directed adoptions involving two birth parents to U.S. citizen prospective adoptive parents may disqualify a child from receiving a U.S. immigrant visa.

All adoptions are reviewed by 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 authority from the biological parents 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 authority and the application to adopt to the High Court. The High Court issues a decision based on their statement and the court’s satisfaction of the decision done in the best interests of the child. The adoption goes into effect as of the date the High Court’s judge signs the petition.

DOCUMENTS REQUIRED FOR ADOPTION IN ERITREA:

Prospective adoptive parents must provide the following documents to Ministry of Labor & Human Welfare:


  • A written statement from the prospective adoptive parents explaining why an Eritrean child is preferred;
  • Original birth certificate(s) of the prospective adoptive parent(s);
  • Original marriage license/certificate, if applicable. Note - If originals are not available, certified copies must be authenticated by the Department of State or U.S. Embassy Asmara;
  • An original Eritrean police clearance for each of the prospective adoptive parent(s) including those residing in Eritrea;
  • A medical certificate/clearance for each of the prospective adoptive parent(s);
  • The original 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) and the agency's recommendation regarding your 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 in the parents’ state of residence to do so.  If adoptive parents establish residency in Eritrea, they may submit an Eritrean home study instead;
  • 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, other proof of income or assets may also be submitted;
  • Three letters of reference from friends, relatives, church or other sources qualified to assess prospective adoptive parents’ character, the stability of marriage, and ability to parent;
  • Two passport-size photographs of the prospective adopting parent(s);
  • 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, or 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 coming from the U.S. - Eritrean nationals living in the United States as well as non-Eritreans who plan to adopt.  Documents that are notarized by a U.S. notary public in the United States must be authenticated by the Eritrean Embassy in Washington, D.C. in order to be recognized by the Eritrean government;
  • "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 on the child's (or children's) adjustment to/development in the adoptive home. These visits should be scheduled at 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;
  • 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.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD: The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html

ERITREAN EMBASSY AND CONSULATE IN THE UNITED STATES:

 
Embassy of the State of Eritrea                                              
1708 New Hampshire Ave, NW 
Washington, DC20009
Tel: (202) 588-7594
Fax: (202) 319-1304
E-mail: girma@embassyeritrea.org 

Consulate General of the State of Eritrea
Tribune Tower, 409 13th Street
Oakland, CA 94612
Tel: (510) 986-1991  
Fax: (510) 986-1904 
E-mail: badmena@sbcglobal.net                                 
              
 
                    U.S. IMMIGRATION REQUIREMENTS

Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoption can be found on the Bureau of Consular Affairs Web site, travel.state.gov, under “Intercountry Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.

APPLYING FOR A VISA FOR AN ADOPTED CHILD AT THE U.S. EMBASSY IN ERITREA:  In addition to the documents and procedures outlined in How Can Adopted Children Come to the United States, the following procedures must be followed at the U.S. Embassy in Asmara.

If the parent is using one of the approved adoption agencies, please ask the DHS/USCIS office to include the name of the agency in the notification. Upon receipt of such notification, the U.S. Embassy will contact the adoption agency and advise that the approval has been received;

If the U.S. Embassy receives notification of an approved I-600A that does not list an adoption agency, the Embassy waits for the adoption agency to contact the Embassy. Once the adoptive parents are ready to start the immigrant visa application process, they or their agency should pick up the necessary forms from the Embassy;

After the I-600 petition is approved by USCIS, adopting parents must contact the Consular Section at (011-291-1) 120004 Monday to Thursday afternoon between 2-6 p.m., via e-mail consularasmara@state.gov and fax (011-291-1) 124255 for any kind of assistances. Parents should not make final, non-refundable travel plans to depart Eritrea until they have their child’s U.S. immigrant visa and Eritrean exit visa in hand. A consular officer is required to review each adoption case carefully and make an independent determination of the child’s eligibility for a visa.  This review, called the I-604 orphan investigation (after the form that must be completed), includes a review of the documentation surrounding the child’s orphan status.

Immigrant visa applications are adjudicated based upon and approved I-600. If prospective adoptive parents file the I-600 at the U.S. Embassy, the I-600 adjudication, the I-604 orphan investigation and the immigrant visa application adjudication are done at the same time.

The child must be present at the Embassy for the immigrant visa interview.

Note - The U.S. Embassy in Eritrea will conduct an orphan investigation and complete an I-604 only if the child appears in person at the Embassy. Children who are to been taken to the United States, and adopted there, must also appear in person at the U.S. Embassy in order for the I-604 to be completed. 

     U.S. Visa Application Fees and Fees for Required Documents

  •  For information on current immigrant visa petition fees, the visa application and processing fee, and security surcharge, please see our Fees for Visa Services Website at: http://travel.state.gov/visa/temp/types/types_1263.html;
  •  Photos for the visa application cost about $1;
  • The medical exam for the visa application is about $41. If the child is 16 or older, a police certificate is required. This will cost about $3;
  • If DNA testing is suggested to support any other relationship claim, that cost is determined by the lab in the U.S. that conducts the testing;
  • All non-English documents submitted to the Embassy must be accompanied by a translation into English. The Embassy understands translation services in Eritrea cost about $2 per page;
  • Photocopies of all original documents, including the biographic pages of the passport, must be submitted to the Embassy. Cost runs about two to five cents per page;

For parents who will file the I-600 with DHS in the U.S., the U.S. Embassy will certify copies of all adoption documents, birth certificates, etc. Cost for certification is $30 per document package, or single document. Simply placing a "seen and compared" stamp on documents that the Embassy will retain for the child's permanent record is free.

Note: Visas can generally be collected the morning following the day of interview.

After The Visa Is Issued
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 Dutch Embassy in Asmara (about $45). However, if the child remains in the Frankfurt airport, the child doesn’t need a transit visa.  An adopted Eritrean child transiting the Amsterdam airport will still need a transit visa.

If the child will transit the UK en route to the United States., and disembarks, a UK visa will be required. A visa to the UK may be obtained by applying at the British Embassy in Asmara. A UK visa costs about $60.

Taxicabs charge foreigners about $2-5 to come to the U.S. Embassy from downtown or one of the major hotels.

U.S. EMBASSY IN ERITREA: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel. Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate. By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency. The Consular Section is located at:

American Embassy Asmara
Ala Street, P. O. Box 211
Asmara, Eritrea

The Consular Section's telephone number is (291)-1-120-004. The fax number is (291)-1-124255. The e-mail address is consularasmara@state.gov. American citizens can walk in from 2:00 p.m. – 4:00 p.m., Monday through Thursday.

ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html .

ADDITIONAL INFORMATION: Specific questions about adoption in Eritrea may be addressed to the U.S. Embassy in Asmara.  General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:
Toll Free - For information on international adoption of children and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. 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 calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.

U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

  • Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains international country adoption information flyers like this one and the International Adoptions brochure.
  • Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information 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 Country Specific Information for that country, the State Department may issue a Travel Alert 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 Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • USCIS web site - http://uscis.gov/.