INTERCOUNTRY ADOPTION


EGYPT



August 2008


DISCLAIMER: The following is intended as a general guide to assist U.S. citizens who plan to adopt a child from a foreign country.  Three sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the eligibility of individual children for adoption, as well as the adoption of children in that country in general; 2) the laws of the adoptive parents’ state of residence establish qualifications they must meet in order to adopt; and 3) U.S. immigration law governs the immigration of the child to the United States.  In addition, the Hague Convention on Intercountry Adoption, to which the United States became a party on April 1, 2008, establishes legal and regulatory requirements for intercountry adoption.

The adoption of children from countries that are party to the Hague Convention must follow the procedures outlined by the Convention, and its U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA).  More information on the IAA and the Convention can be found on our website under Hague Adoption Convention . 

 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.  


 THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:

Egypt is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention).  Therefore the entering into force of the Convention for the United States on April 1, 2008, did not change intercountry adoption processing for Egypt.

PLEASE NOTE:  Islamic family law does not allow for adoption as that concept is understood in the United States.  Please see section below on “Adoption vs. Legal Guardianship/Fostering.”


PATTERNS OF IMMIGRATION OF ADOPTED CHILDREN TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to children adopted from Egypt: 

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

1

FY 2006

2

FY 2005

1

FY 2004

0

FY 2003

1


ADOPTION AUTHORITY IN EGYPT:  Egyptian governmental authority for adoptions and guardianship is divided between the Ministry of Social Affairs (for Muslims) and the court system (for Christians).  See below for further details.


ADOPTION vs. LEGAL GUARDIANSHIP/FOSTERING:

Adoption:

For Muslims:  The Egyptian judicial system and Egyptian family law are based on a strict interpretation of Islamic Shari’a law, which restricts the distribution of inheritance to spouses, biological children, and certain blood relatives.  It is not possible under Shari’a law to create a parent-child relationship that offers the same rights and responsibilities as those between a biological parent and child, which is the definition of adoption as it is generally understood in the United States. 

For Christians:  Christians are not bound by Shari’a law, are not generally under the jurisdiction of the Ministry of Social Affairs, and may adopt through the Egyptian court system.  It is important to note that the U.S. Embassy in Cairo has no authority to intervene in Egyptian court proceedings.  Therefore, prospective adoptive parents who will be processing their adoptions through the courts are strongly advised to hire an Egyptian attorney to assist in their cases and address questions involving the interpretation of Egyptian family law.

Legal Guardianship vs. Fostering:

Guardianship can only be done by blood relatives, more specifically, the next of kin.  Fostering, however, assumes no blood relationship, and can take two forms: the most common form is such that a person will benevolently agree to partially or fully support a child who remains in an orphanage.  It is also possible to foster a child in one’s home, in which case the foster parent will enter into a contract with the orphanage and agree to fully support the child.  To begin this process, the foster family is asked to submit a fostering request to the Ministry of Social Affairs (MOSA) with all documentation with proof that they are capable to provide all types of support to the orphan. If the request is approved, the MOSA will issue permission to allow an orphanage to release a child to be fostered at the home of the foster family. There are no court proceedings involved in this process.

Please note: Not all orphanages release orphans to be fostered at one’s home. Adoptive parents are encouraged to seek the advice of MOSA about orphanages which release orphans to be fostered in the foster family’s home.

There are both Muslim and Christian orphanages in Egypt and prospective guardians may foster a child of the same religion only.  The U.S. Embassy in Cairo understands that legal guardians and foster parents may apply for permission to depart Egypt with their wards for the purposes of immigration. However, obtaining the above permission from the Ministry of Social Affairs is a difficult process and it is often not granted. Christians can get the same permission from the court during the adoption process.

Under Egyptian law, the Ministry of the Interior and or the Ministry of Social Affairs assign names to all orphans of unknown parentage.  If the child was found in the street and was released to the Ministry of Interior (MOI), the MOI will choose the child’s first name and then create fictitious names for the mother and father, which are then placed on the Egyptian birth certificate.  The Ministry of Social Affairs automatically approves the name as Shari’a law does not allow an orphan to take the family name of a non-biological parent.  Christians may request that the child’s name be changed during the adoption process.  Therefore, we strongly advise prospective adoptive parents to seek legal advice from an Egyptian attorney.


ELIGIBILITY TO ADOPT:

Obtaining permission to adopt or foster an Egyptian child is a difficult process.  Prospective foster parents are required to undergo a pre-qualification process through the Ministry of Social Affairs.  This is similar to the U.S. screening process for foster parents and includes, among other things, regular visits by a social worker to determine whether prospective parents are able to care for the child properly.  The number of visits is determined by the social worker.


RESIDENCY REQUIREMENTS:   There is no residency requirement for adoption, provided the prospective parents had satisfied the requirement of the Egyptian law and are awarded legal custody with the right to remove the child from Egypt for immigration.   For guardianship, a lawyer can move the prospective parent’s case through the court system without the guardians.   However, at least one of the prospective parents applying for guardianship, adoption or fostering needs to be able to show proof of Egyptian citizenship (e.g. an Egyptian passport or national ID card).


TIME FRAME:    To satisfy the requirements of the Egyptian family law and be awarded legal custody, adoption or permission to foster an orphan at home with an approval to remove the child for immigration is a long and difficult process.    Therefore a time frame is impossible to predict.  However, once a child has been identified, an I-600A application for advance processing of orphan petition has been approved by the U.S. Citizenship and Immigration Services (USCIS) office having jurisdiction over the prospective parents’ place of residence, and the prospective parents have satisfied Egyptian law and been awarded legal custody, the immigration process takes between 1-2 weeks.


ADOPTION AGENCIES AND ATTORNEYS:  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 authority in the U.S. state where the agency is located or licensed.  Please also see Important Notice Regarding Adoption Agents and Facilitators at the Department of State, Bureau of Consular Affairs web site travel.state.gov.

The U.S. Embassy in Cairo maintains a list of Egyptian attorneys whom U.S. citizens in Egypt may wish to consider contacting for assistance with legal issues in Egypt.  That list is available at ( http://egypt.usembassy.gov/consular/ acslist2.htm).  Please note that the U.S. Government does not vouch for the services of any attorney on the list and is not responsible for the services provided.    However, the Embassy in Cairo does appreciate feedback from U.S. citizens regarding any difficulties they may have with specific attorneys so that the Embassy can consider whether or not to maintain them on the list.


ADOPTION FEES IN EGYPT: The U.S. Embassy in Egypt discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in Egypt at risk.  The U.S. Embassy in Cairo cannot predict the approximate fees for the process of being granted an adoption or guardianship, as they differ from case to case.  While the orphanages themselves do not require payment in exchange for releasing a child, the prospective parents/guardians will need legal advice and/or facilitators in order to expedite the process and to obtain the required official documentation and approval.  Attorneys and facilitators will charge fees.


ADOPTION PROCEDURES:

A social worker from the MOSA will visit the parents to make sure that the foster family will be capable to provide all types of support to an infant.  Once all documents are complete, they will be sent to the MOSA Committee for adjudication.  If all conditions are met, the MOSA will issue an approval or denial. Foster parents are notified and then are free to visit an orphanage to choose from children whose parents are unknown.

The foster family will sign a contract with the orphanage showing that the orphanage is officially releasing the child to the foster family and that the foster family will allow a social worker from the MOSA to visit the infant on a regular basis to determine whether the foster parents are able to care for the child properly. (This issue should be discussed in details with the MOSA in advance, if the parents are planning to move the child permanently to the U.S.). 

Christians wishing to adopt in Egypt should seek legal counsel from an Egyptian attorney in order to receive the most updated information regarding the proper procedures and documentation for adopting or acquiring custody of an Egyptian orphan.  All prospective parents are required to apply to the Ministry of Social Affairs (MOSA) to qualify to become foster parents.  


 DOCUMENTS REQUIRED FOR ADOPTION IN EGYPT:

To begin the process, foster parents need to submit the following documents:

  • A copy of the marriage decree.
  • Employment status and proof that they will be able financially to support a child     (proof of income).
  • Proof that one of the parents is infertile (can not give birth).
  • Proof that one of the foster parents is an Egyptian citizen.


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  The language describing the process of authenticating U.S. documents to be used abroad is available at http://travel.state.gov/family/abduction/hague_issues/hague_issues_562.html.  Specifically with regard to Egypt, all documents issued in the United States should be authenticated at the Egyptian Embassy in the United States or the nearest Egyptian consulate in the United States to the prospective parents’ place of residence:  http://egypt.usembassy.gov/consular/acslist2.htm


EGYPT’S EMBASSY IN THE UNITED STATES:

Embassy of the Arab Republic of Egypt
3521 International Court, NW.
Washington, D.C.  20008
(Phone 202-895-5400) (FAX 202-244-4319/5131)
Consular Section: 202-966 6342.


U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, U.S. Citizenship and Immigration Service publication The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.  Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600A, Petition to Classify Orphan as Immediate Relative and Form I-600, Petition to Classify Orphan as an Immediate Relative in the State Department flyer “How Can Adopted Children Come to the United States .”

Parents who do not have an approved I-600A must file their Form I-600 (Petition t Classify Orphan as an Immediate Relative) with the USCIS office having jurisdiction over their place of residence in the United States. In general, a parent who has an approved I-600A may file Form I-600 either in the U.S. or at a USCIS office in the country where the immigrant visa will be issued.   If there is no USCIS office in that country, the I-600 may be filed with the consular section of the U.S. Embassy or Consulate where the adoption case is being processed.


U.S. EMBASSY IN EGYPT:  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 means of contact:

Telephone
The Consular Section in Cairo has a call center that handles general questions, responds to case-specific inquiries, and schedules appointments for certain services (but not visa interviews). The number is 0900-70600.  For a small fee, one may call the call center from a land line in Egypt.  From a call center mobile in Egypt, call 2100.
E-Mail
ConsularCairo@state.gov
Mail
Consular Section, IV Unit
Embassy of the United States of America
5 Tawfik Diab Street
Garden City, Cairo
Egypt


APPLYING FOR A VISA AT THE U.S. EMBASSY IN EGYPT: An Egyptian child adopted by an U.S. citizen must obtain an immigrant visa before he or she can enter the United States 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 may not immigrate to the U.S. as an orphan even if legally adopted in Egypt 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 in the child’s country of origin.  A detailed description of the orphan definition can be found on the USCIS web site at http://www.uscis.gov.

The Petition

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

A prospective adoptive parent may choose to file an Application for Advance Processing of Orphan Petition (Form I-600A) with the USCIS office having jurisdiction over their place of residence. This form allows the most time-consuming part of the petition process (home study, review of finances, etc.) to be completed in advance, even before a child has been identified.  A U.S. citizen who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Egypt.

One part of the petition process that USCIS cannot complete in advance is the "orphan investigation."  A Report on Overseas Orphan Investigation, Form I-604, 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 U.S. immigration law. A consular officer will conduct the orphan investigation at the same time as the immigrant visa interview.

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.

Adoptive, prospective adoptive or foster parents of an Egyptian child should contact the U.S. Embassy in Cairo as early as possible in the process to obtain the most up-to-date and specific information about how to schedule the child’s immigrant visa interview and what documents to take with them to the Embassy.  Please note that in all cases, the child must appear in person at the Embassy and also be in possession of a valid Egyptian passport.


ACQUIRING U.S. CITIZENSHIP:   Please see the Child Citizenship Act of 2000 for further information on acquisition of U.S. citizenship for adopted children.


ADDITIONAL INFORMATION:

  • U.S. Department of State Office of Overseas Citizens Services - For information on intercountry adoption and international parental child abduction, and security information for U.S. citizens traveling abroad, call Toll Free 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. EST/EDT, 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 - For information on immigrant visas for adopted orphans, call (202) 663-1225. Press 1 for additional information on visas, and press 0 to speak to a Visa Information Officer, available 8:30 a.m.  - 5:00 p.m. EST/EDT, Monday through Friday (except Wednesdays 11 a.m. - 12:00 noon)
  • U.S. Citizenship and Immigration Services (USCIS) - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
  • National Visa Center (NVC) Public Inquiries (603) 334-0700, Email: nvcinquiry@state.gov .
  •   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 CSI 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 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.
  • USCIS web site