Ethiopia: Adoptions by Parents of Ethiopian Origin

The Office of Children’s Issues (CI) and the U.S. Embassy in Addis Ababa confirmed the following with the Ethiopian Federal First Instance Court (FFIC):

1. U.S. citizens of Ethiopian origin may be able to complete intercountry adoptions from Ethiopia. U.S. citizens who cannot satisfy the FFIC that they are of Ethiopian origin are still subject to Ethiopia’s 2018 adoption ban (see CI’s 2018 Adoption Notice.)
2. If the FFIC determines that a U.S. citizen prospective adoptive parent (PAP) can adopt:
            a.The case is no longer subject to the Pre-Adoption Immigration Review (PAIR) process
            b.PAPs who adopt from a public or private orphanage must obtain a best interest determination (BID) letter, while PAPs who adopt a child that is not in an orphanage do not need to obtain a BID letter.

Updated Process For Ethiopian Adoptions

The FFIC will determine on a case-by-case basis whether it considers PAPs to be of Ethiopian origin (diaspora adoptions). The FFIC has not provided definitive criteria it will use to determine which prospective adoptive parents are considered to be of Ethiopian origin, but did indicate that PAPs must be able to demonstrate strong ties to Ethiopia, such as being born in Ethiopia or previously holding Ethiopian citizenship. PAPs will need to provide evidence to the FFIC when applying for an adoption order, such as an Ethiopian birth certificate, Ethiopian passport, or an Ethiopian Origin ID Card (also known as a Diaspora Card or Yellow Card).

Prior to 2018, adoptions from Ethiopia were subject to the Pre-Adoption Immigration Review (PAIR) process.  Under PAIR, USCIS reviewed the child’s eligibility to immigrate before PAPs adopted the child. The FFIC has indicated that this process is not necessary for diaspora adoptions, and accordingly, the PAIR process is no longer applicable to adoptions by PAPs who have been confirmed by the FFIC to be of Ethiopian origin. PAPs of Ethiopian origin may file Form I-600 petitions with USCIS or in-country with Embassy Addis Ababa (note: you must have a valid Form I-600A to file in-country; see our website for more information).

Diaspora adoptions from public and private orphanages will require a best interest determination (BID) letter. FFIC will accept a BID letter from different entities in Ethiopia which are responsible for child welfare, such as a social affairs bureau of a regional or city government. The Federal Ministry of Women and Social Affairs (MOWSA) typically issued BID letters before 2018. However, MOWSA has indicated they will no longer issue these letters. The FFIC will make a determination on the validity of a BID letter at the time PAPs file for an adoption order.

The FFIC does not require a BID letter for children who are not in an orphanage, such as a child adopted directly from a parent or guardian. Note that adopted children must still be eligible to be classified as an orphan under U.S. immigration law to immigrate to the United States through the orphan process. If you have any questions, please contact us at adoption@state.gov.