Equatorial Guinea is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). However, under the Intercountry Adoption Universal Accreditation Act of 2012 (UAA), which became effective on July 14, 2014, the requirement that adoption service providers be accredited or approved, and therefore meet the accreditation standards, which previously only applied in Convention cases, now also applies in non-Convention (“orphan”) cases under section 101(b)(1)(F) of the Immigration and Nationality Act (INA). The UAA requires that an accredited or approved adoption service provider act as the primary provider in every Convention or non-Convention intercountry adoption case, and that adoption service providers providing any adoption services, as defined at 22 CFR Part 96.2, on behalf of prospective adoptive parents be accredited or approved, or be a supervised or exempted provider. See additional guidance for limited situations when a primary provider may not be required. Intercountry adoptions of children from non-Convention countries continue to be processed under the Orphan Process with the filing of the Forms I-600A and I 600. However, adoption service providers should be aware of the information on the U.S. Citizenship and Immigration Services (USCIS) website on the impact of the UAA on Form I-600A and Form I-600 adjudications, including the requirement that all home studies, including home study updates and amendments, comply with the home study requirements listed at 8 CFR 204.311, which differ from the orphan home study requirements that were in effect before July 14, 2014.
Very few intercountry adoptions take place in Equatorial Guinea; as a result, laws governing intercountry adoption are inconsistently applied. Additionally, there is no designated adoption authority. All adoptions are conducted through the Ministry of Justice, Religious Affairs, and Penitentiary Institutions. U.S. citizens interested in adopting children from Equatorial Guinea should contact the Ministry of Justice, Religious Affairs, and Penitentiary Institutions to inquire about applicable laws and procedures. U.S. citizen prospective adoptive parents living in Equatorial Guinea who would like to adopt a child from the United States or from a third country should also contact Equatorial Guinea’s Ministry of Justice, Religious Affairs, and Penitentiary Institutions. See contact information below.
Caution: Prospective adoptive parents should be aware not all children in orphanages or children’s homes are eligible for adoption. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending the child return home when possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to the adoption of their child(ren).
Please visit the Department of State’s country page for more information on travelling to Equatorial Guinea and the U.S. Embassy Malabo’s website for information on consular services.
