Ethiopia Implements Pre-Adoption Immigration Review (PAIR) Requirement; Ireland Issues Notices UPDATED
USCIS Adoption Information: Ethiopiasays ”
Ethiopia Implements Pre-Adoption Immigration Review (PAIR) Requirement
Effective Sept. 1, 2013, the government of Ethiopia will require all adoption cases filed by United States prospective adoptive parents to undergo the U.S. PAIR process. Ethiopia’s Ministry of Women, Children and Youth Affairs (MOWCYA) will require a PAIR letter issued by USCIS in order to make a best interest determination. Prospective adoptive parents must include the PAIR letter in the adoption dossier they submit to the Ethiopian Federal First Instance Court (FFIC) to initiate the adoption. The FFIC will then forward the dossier, including the PAIR letter, to MOWCYA for review. The new PAIR letter requirement will not affect adoption cases filed with Ethiopian courts before Sept. 1, 2013.
Guidance for Prospective Adoptive Parents
To help prospective parents to comply with Ethiopia’s new requirement, USCIS issued a policy memorandum, effective immediately, which allows prospective adoptive parents to begin the PAIR process and file a Form I-600, Petition to Classify Orphan as an Immediate Relative. This process allows USCIS to assess the child’s likely eligibility for U.S. immigration benefits and make a preliminary determination before Ethiopian courts finalize the adoption decree.
After USCIS issues a preliminary determination of the child’s immigration eligibility (PAIR letter), prospective adoptive parents, through their Adoption Service Providers, must include the PAIR letter when filing a case with the FFIC.
To begin the PAIR process, petitioners adopting children from Ethiopia should file the Form I-600 petition and supporting documents through the appropriate lockbox before filing an adoption case with the Ethiopian courts. Please see Filing Instructions for Form I-600 for specific filing locations. USCIS overseas offices and the U.S. Embassy in Addis Ababa, Ethiopia, will continue to accept Form I-600 petitions. Petitions filed overseas will be forwarded to the USCIS National Benefits Center for PAIR review.
What to Include in Ethiopian Adoption Petition
Prospective adoptive parents should include all available required documentation when filing a Form I-600 petition except the adoption decree or grant of legal custody. In addition, the following PAIR-specific documentation must be submitted when the child’s country of origin is Ethiopia:
- Evidence of the match between petitioner and child such as:
- Adoption Contract between the prospective adoptive parent and the orphanage, together with a power of attorney appointing the Adoption Service Provider (ASP) to represent the prospective parent, in cases where the contract is signed by the ASP; or
- Adoption Contract between the prospective parent and relinquishing birth relative.
2. Evidence of child’s availability for intercountry adoption, such as:
- Court order from Regional, Zonal, or Woreda authorities;
- Police report from local authorities, placing the child in the care of a licensed orphanage; or
- Adoption Contract between prospective parent and relinquishing birth relative, in cases of intra-family adoption only.
After the FFIC Receives Adoption Dossier
The FFIC will make its own determination of the child’s suitability for adoption. After receiving the adoption decree from the FFIC, U.S. adoptive parents will submit their adoption decree and all necessary documents to Embassy Addis Ababa for final Form I-600 petition review and immigrant visa processing.
You may refer to www.adoption.state.gov for additional information about adopting from Ethiopia.
Ethiopian Adoption Trends
Annual adoptions from Ethiopia by U.S. families grew steadily in recent years until 2011, when the number fell by about 30% over the previous year. In Fiscal Year (FY) 2011, the Department of State (DOS) issued 1,732 adoption-related immigrant visas to Ethiopian children, compared to 2,511 in FY 2010.
In 2011, the Government of Ethiopia’s Ministry of Women, Children, and Youth Affairs announced its intention to dramatically reduce the number of adoption cases that it would process. Ethiopia slowed down processing for a number of months after the announcement, but USCIS understands that Ethiopia has since resumed a rate of adoption case processing, similar to before the slow-down. The slow-down appears to have generated the decline in annual adoptions from Ethiopia by U.S. families in FY 2011.
Also in 2011, Ethiopian officials closed several orphanages in the Southern Nations State. A number of U.S. prospective adoptive parents were in the process of adopting children from these orphanages. Those families should communicate with their adoption service providers (ASPs) to learn about the status of their cases. The DOS will post updated information about these closures and any other developments in Ethiopia as the new information is confirmed at www.adoption.state.gov.”
DOS issued a notice on June 3, 2013. See here and pasted below:
“Notice: Implementation of Pre-Adoption Immigration Review (PAIR) Program in Ethiopia
Effective September 1, 2013, the Government of Ethiopia will require all adoption cases filed on behalf of U.S. prospective adoptive parents with the Ethiopian courts to undergo the U.S. PAIR process. The Ministry of Women, Children and Youth Affairs (MOWCYA) will require a PAIR letter issued by U.S. Citizenship and Immigration Services (USCIS) as one of the criterion for its best interest determination. To comply, the adoption dossier submitted by prospective adoptive parents to the Federal First Instance Court (FFIC) to initiate the adoption, will need to include the PAIR letter issued by USCIS. The FFIC will then forward the dossier, including the PAIR letter, to MOWCYA for review. The new criterion will not affect pending adoption cases filed with Ethiopian courts before September 1, 2013.
To enable prospective parents adopting from Ethiopia to comply with Ethiopia’s new requirement, USCIS issued a policy memorandum, effective immediately, that allows prospective adoptive parents to begin the PAIR process and file a Form I-600, Petition to Classify Orphan as an Immediate Relative, before Ethiopian courts finalize an adoption in Ethiopia. These procedures allow USCIS to assess the child’s likely eligibility for U.S. immigration benefits and make a preliminary determination before Ethiopian courts finalize the adoption decree. A copy of the policy memorandum is available on USCIS’ website.
To begin the PAIR process, petitioners adopting children from Ethiopia should file the Form I-600 petition and supporting documents through the appropriate lockbox for forwarding to the USCIS National Benefits Center (NBC) before filing an adoption case with the Ethiopian courts. Please refer to USCIS’ website for filing instructions for the NBC. USCIS overseas offices and the U.S. Embassy in Addis Ababa, Ethiopia will continue to accept Form I-600 petitions, but such petitions will be forwarded to the NBC for PAIR review.
Prospective adoptive parents filing their Form I-600 petition should include all available required documentation when filing a Form I-600 petition, except the adoption decree or grant of legal custody. Additionally, the following PAIR-specific documentation must be submitted when the child’s country of origin is Ethiopia:
- Evidence of the match between petitioner and child such as:
- Adoption Contract between the Prospective Adoptive Parent (PAP) and the orphanage, together with a power of attorney appointing the Adoption Service Provider (ASP) to represent the PAP, in cases where the contract is signed by the ASP on behalf of the PAP; or
- Adoption Contract between the PAP and relinquishing birth relative.
- Evidence of child’s availability for intercountry adoption, such as:
- Court order from Regional, Zonal, or Woreda authorities;
- Police report from local authorities, placing the child in the care of a licensed orphanage; or
- Adoption Contract between PAP and relinquishing birth relative, in cases of intra-family adoption only.
The FFIC will make its own determination regarding the child’s adoptability. After completing the adoption and receiving the adoption decree from the FFIC, U.S. adoptive parents will submit their adoption decree and all necessary documents to Embassy Addis Ababa for final Form I-600 petition review and immigrant visa processing. ”
REFORM Puzzle Piece
Update: Ireland’s Adoption Authority indicate that Hague implementation is actively being pursued.
See http://www.aai.gov.ie/index.php/non-hague-countries/ethiopia.html and pasted below:
“NOTICE – ETHIOPIA , 8th March 2013
The latest news from Ethiopia is that the Ethiopian authorities are planning to establish a National Central Authority to deal with inter-country adoption. UNICEF Ethiopia has been facilitating contacts between the Ethiopian Ministry of Women, Children and Youth Affairs (MoWCYA), the Hague Secretariat and International Social Services. (ISS) Officials from Ethiopia hope to visit the Philippines in the coming months to understand how the Philippines established their central authority, and the Hague Secretariat will undertake a country assessment with recommendations to the Government of Ethiopia following. ISS will assist with the setting up of regulations on standards of care.
UNICEF is hopeful that the central authority could be established within 2013, though this date may slip. Once established the central authority would examine Ethiopia’s current regulations regarding adoption and the steps to becoming Hague-compliant. It is likely that at that point that Ethiopia would examine age-limits for prospective adoptive parents (currently no age-limit), and adoption by singles (adoption by single women currently allowed).
The Adoption Authority of Ireland very much welcomes these developments in Ethiopia.”
“Notice – ETHIOPIA, 16 May 2013
Prospective adoptive parents proposing to adoption from Ethiopia are reminded that all Section 63 Declarations of Eligibility & Suitability expire on 31 October 2013.
Adoptions effected in Ethiopia MUST be finalised in Ethiopia prior to that date. Adoptions effected in Ethiopia post- 31 October 2013 will not be effected with a valid Declaration of Eligibility & Suitability and may not be entered into the Register of Intercountry Adoptions.
N.B The Authority is currently considering a number of applications for entries in the Register of Intercountry Adoptions in respect of adoptions previously effected in Ethiopia. Further consideration of these cases has been adjourned pending receipt of legal advice on Sections 63 and 57 of the Adoption Act 2010. A further notice will be posted when the legal advice is received and considered.”
Update 2:DOS issues August 30,2013 notice on PAIR
See it here and pasted below:
“Notice: This adoption notice serves as a reminder of the implementation of the Pre-Adoption Immigration Review (PAIR) program
This adoption notice serves as a reminder of the implementation of the Pre-Adoption Immigration Review (PAIR) program in Ethiopia. This notice also provides clarification to questions received regarding transition cases.
On June 3, the Department of State published an adoption notice announcing that effective September 1, 2013, the Government of Ethiopia will require all adoption cases filed on behalf of U.S. prospective adoptive parents with the Ethiopian courts to undergo the U.S. PAIR process. Please see the U.S. Department of State’s Ethiopia country information sheet and the U.S. Citizenship and Immigration Services (USCIS) policy memorandum for details.
Ethiopia’s Ministry of Women, Children, and Youth Affairs (MOWCYA) confirmed to the U.S. Embassy in Addis Ababa that 70 cases with open applications were still pending with the Federal First Instance Court (FFIC) as of the annual court closure on August 14 will be treated as pre-PAIR cases and not be subject to the PAIR requirement, even if they are completed after September 1. These are cases where:
the first court hearing took place prior to the August 14 court closure and the prospective adoptive parents are waiting for the second court hearing to be scheduled, or have received court dates for October. No PAIR letter will be required for these cases.
the prospective adoptive parents have received and accepted referrals and filed applications with the court prior to the August 14 closure date, but are waiting for first and second hearings to be scheduled. No PAIR letter will be required for these cases.
the court filing was accepted by FFIC administrative staff during the court recess following the August 14 closure but before the September 1, 2013 implementation date for the PAIR program. No PAIR letter will be required for these cases.
If you have further questions as to whether your case falls into these categories, please contact the Office of Children’s Issues at askci@state.gov. ”
Update 3:December 6 notice
“Notice: PAIR Ethiopia Transition Notes: Answers to Frequently Asked Questions
This notice from the U.S. Department of State and U.S. Citizenship and Immigration Services is to provide information from the initial transition into the Pre-Adoption Immigration Review (PAIR) program in Ethiopia and address some frequently asked questions from prospective adoptive parents and adoption service providers.
On August 30, 2013, the Department of State published an adoption notice detailing the three categories of cases that would be considered to be pre-PAIR cases by the Ethiopian Ministry of Women, Children, and Youth Affairs (MOWCYA). These cases are not subject to the PAIR requirements. MOWCYA provided the U.S. Embassy in Addis Ababa a list of specific cases that are considered pre-PAIR. MOWCYA will require a PAIR letter from any case not on this list. If you are unsure if your case is considered pre-PAIR, you can contact the U.S. Embassy in Addis Ababa (consadoptionaddis@state.gov) or the Office of Children’s Issues (askCI@state.gov) to verify whether your case is subject to PAIR requirements.
FFIC Hearing Dates before the PAIR Determination
Cases submitted to the Federal First Instance Court (FFIC) after the September 1, 2013 implementation of the PAIR are subject to the PAIR requirements. Some cases which were submitted shortly after the implementation date may have received preliminary court hearing dates, despite not having a PAIR letter. Families in this situation may wish to request a later hearing date from the FFIC or withdraw their petition to the FFIC until the PAIR process is completed. Because the FFIC accepts the filing, schedules a preliminary hearing, and then forwards the filing to MOWCYA in order to prepare the best interest recommendation for the preliminary hearing, the PAIR letter needs to be included with the FFIC filing in order to facilitate that process. It is our understanding that if MOWCYA receives a filing that is subject to the PAIR requirements but does not have a PAIR letter, they will present an unfavorable recommendation to the FFIC due to the lack of the PAIR letter. While the FFIC does have final discretion in the issuance of an adoption decree, it is our understanding they generally do not issue decrees over an unfavorable recommendation from MOWCYA.
Pre-PAIR Cases
Families whose adoptions are confirmed as pre-PAIR cases but who have chosen to go through PAIR processing can do so without concern for the timing of the PAIR letter with relation to the court process. MOWCYA will not be looking for PAIR letters in these cases. Once the court process is complete and the PAIR letter is issued, these families should follow the instructions for PAIR filings on submitting the final decree to the U.S. Embassy in Addis Ababa. They should be sure to include the PAIR letter in this submission. PAIR letters for confirmed pre-PAIR cases will not need to be authenticated because these PAIR letters will not be submitted to any Ethiopian government offices.
Order of case processing
PAIR filings and resulting Form I-604 investigations will be processed as expeditiously as possible in the order they are received. As with all adoption related immigration processing, the timeframe for completion of PAIR processing varies greatly based on the circumstances of each case. Families adopting multiple children should note that PAIR processing may be completed sooner for some of the children than others. Families in this situation are encouraged to consider this timing issue carefully as they plan both their submission to the FFIC and subsequent travel for court hearings.
Authentication Fees
Families have requested information regarding the fees for authentication of the PAIR letter for use in Ethiopia. Instructions for requesting authentications from the Department of State can be found on the Office of Authentications webpage. The fee for authenticating PAIR letters is $8 per document (as of the notice date). Please consult the Authentications webpage for the most recent fee information. Instructions for requesting authentications from the Embassy of Ethiopia to the United States in Washington, D.C. can be found on its website. The current service fee for authentications of U.S. documents for use in Ethiopia is $94.80 for U.S. citizens and other non-Ethiopian nationals. Please contact the Embassy of Ethiopia to the United States to confirm the latest fee information.
Communication
If you would like the Department of State or USCIS to contact you by e-mail during PAIR processing, please provide your email address with your PAIR filing. Further, if you wish for either the Department of State or USCIS to communicate directly with your adoption service provider or agency, a privacy waiver must be submitted with your PAIR filing.
This information will also be added to the Ethiopia country specific information on adoption.state.gov and the USCIS country information webpage for Ethiopia in the coming weeks.”
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