42 U.S.C. § 14931 — Adoptions of children immigrating to the

Page 8654 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14925 rective action and the noncompliance has not recurred. (3) Repeated failures to comply Repeated serious, willful, or grossly neg- ligent failures to comply with the require- ments of section 14923(b)(1)(A)(ii) of this title by an agency or person after consultation be- tween Secretary and the accrediting entity with respect to previous noncompliance by such agency or person shall constitute a pat- tern of serious, willful, or grossly negligent failures to comply under subsection (c)(1)(B). (4) Failure to comply with certain require- ments A failure to comply with the requirements of section 14923(b)(1)(A)(ii) of this title shall con- stitute a serious failure to comply under sub- section (c)(1)(B) unless it is shown by clear and convincing evidence that such noncompliance had neither the purpose nor the effect of deter- mining the outcome of a decision or pro- ceeding by a court or other competent author- ity in the United States or the child’s country of origin. (Pub. L. 106–279, title II, § 204, Oct. 6, 2000, 114 Stat. 835.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, known as the Intercountry Adoption Act of 2000, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables. This subchapter, referred to in subsecs. (c)(1), (3) and (d), was in the original ‘‘this title’’, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which is clas- sified principally to this subchapter. For complete clas- sification of title II to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 6, 2000, with transition rule, see section 505(a)(1), (b) of Pub. L. 106–279, set out as an Ef- fective Dates; Transition Rule note under section 14901 of this title. § 14925. Universal accreditation requirements (a) In general The provisions of title II and section 404 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14901 et seq.[, 42 U.S.C. 14944]), and related im- plementing regulations, shall apply to any per- son offering or providing adoption services in connection with a child described in section 1101(b)(1)(F) of title 8, to the same extent as they apply to the offering or provision of adop- tion services in connection with a Convention adoption. The Secretary of State, the Secretary of Homeland Security, the Attorney General (with respect to section 404(b) of the Inter- country Adoption Act of 2000 (42 U.S.C. 14944[(b)])), and the accrediting entities shall have the duties, responsibilities, and authorities under title II and title IV of the Intercountry Adoption Act of 2000 [42 U.S.C. 14921 et seq., 14941 et seq.] and related implementing regulations with respect to a person offering or providing such adoption services, irrespective of whether such services are offered or provided in connec- tion with a Convention adoption. (b) Effective date The provisions of this section shall take effect 18 months after January 14, 2013. (c) Transition rule This Act shall not apply to a person offering or providing adoption services as described in subsection (a) in the case of a prospective adop- tion in which— (1) an application for advance processing of an orphan petition or petition to classify an orphan as an immediate relative for a child is filed before the date that is 180 days after Jan- uary 14, 2013; or (2) the prospective adoptive parents of a child have initiated the adoption process with the filing of an appropriate application in a foreign country sufficient such that the Sec- retary of State is satisfied before the date that is 180 days after January 14, 2013. (Pub. L. 112–276, § 2, Jan. 14, 2013, 126 Stat. 2466.) Editorial Notes REFERENCES IN TEXT The Intercountry Adoption Act of 2000, referred to in subsec. (a), is Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825. Title II of the Act is classified principally to this sub- chapter, and title IV of the Act is classified generally to subchapter IV (§ 14941 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables. This Act, referred to in subsec. (c), is Pub. L. 112–276, Jan. 14, 2013, 126 Stat. 2466, known as the Intercountry Adoption Universal Accreditation Act of 2012. For com- plete classification of this Act to the Code, see Short Title of 2013 Amendment note set out under section 14901 of this title and Tables. CODIFICATION Section was enacted as part of the Intercountry Adoption Universal Accreditation Act of 2012, and not as part of the Intercountry Adoption Act of 2000 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 112–276, § 4, Jan. 14, 2013, 126 Stat. 2467, pro- vided that: ‘‘In this Act [see Short Title of 2013 Amend- ment note set out under section 14901 of this title], the terms ‘accrediting entity’, ‘adoption service’, ‘Conven- tion adoption’, and ‘person’ have the meanings given those terms in section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14902).’’ SUBCHAPTER III—RECOGNITION OF CON- VENTION ADOPTIONS IN THE UNITED STATES § 14931. Adoptions of children immigrating to the United States (a) Legal effect of certificates issued by the Sec- retary of State (1) Issuance of certificates by the Secretary of State The Secretary of State shall, with respect to each Convention adoption, issue a certificate Page 8655 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14932 to the adoptive citizen parent domiciled in the United States that the adoption has been granted or, in the case of a prospective adop- tive citizen parent, that legal custody of the child has been granted to the citizen parent for purposes of emigration and adoption, pur- suant to the Convention and this chapter, if the Secretary of State— (A) receives appropriate notification from the central authority of such child’s country of origin; and (B) has verified that the requirements of the Convention and this chapter have been met with respect to the adoption. (2) Legal effect of certificates If appended to an original adoption decree, the certificate described in paragraph (1) shall be treated by Federal and State agencies, courts, and other public and private persons and entities as conclusive evidence of the facts certified therein and shall constitute the cer- tification required by section 1154(d)(2) of title 8. (b) Legal effect of Convention adoption finalized in another Convention country A final adoption in another Convention coun- try, certified by the Secretary of State pursuant to subsection (a) of this section or section 14932(c) of this title, shall be recognized as a final valid adoption for purposes of all Federal, State, and local laws of the United States. (c) Condition on finalization of Convention adop- tion by State court In the case of a child who has entered the United States from another Convention country for the purpose of adoption, an order declaring the adoption final shall not be entered unless the Secretary of State has issued the certificate provided for in subsection (a) with respect to the adoption. (Pub. L. 106–279, title III, § 301, Oct. 6, 2000, 114 Stat. 837.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original ‘‘this Act’’, meaning Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pur- suant to Article 46(2)(a) of the Convention, with transi- tion rule, see section 505(a)(2), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title. § 14932. Adoptions of children emigrating from the United States (a) Duties of accredited agency or approved per- son In the case of a Convention adoption involving the emigration of a child residing in the United States to a foreign country, the accredited agen- cy or approved person providing adoption serv- ices, or the prospective adoptive parent or par- ents acting on their own behalf (if permitted by the laws of such other Convention country in which they reside and the laws of the State in which the child resides), shall do the following: (1) Ensure that, in accordance with the Con- vention— (A) a background study on the child is completed; (B) the accredited agency or approved per- son— (i) has made reasonable efforts to ac- tively recruit and make a diligent search for prospective adoptive parents to adopt the child in the United States; and (ii) despite such efforts, has not been able to place the child for adoption in the United States in a timely manner; and (C) a determination is made that place- ment with the prospective adoptive parent or parents is in the best interests of the child. (2) Furnish to the State court with jurisdic- tion over the case— (A) documentation of the matters de- scribed in paragraph (1); (B) a background report (home study) on the prospective adoptive parent or parents (including a criminal background check) prepared in accordance with the laws of the receiving country; and (C) a declaration by the central authority (or other competent authority) of such other Convention country— (i) that the child will be permitted to enter and reside permanently, or on the same basis as the adopting parent, in the receiving country; and (ii) that the central authority (or other competent authority) of such other Con- vention country consents to the adoption, if such consent is necessary under the laws of such country for the adoption to become final. (3) Furnish to the United States central au- thority— (A) official copies of State court orders certifying the final adoption or grant of cus- tody for the purpose of adoption; (B) the information and documents de- scribed in paragraph (2), to the extent re- quired by the United States central author- ity; and (C) any other information concerning the case required by the United States central authority to perform the functions specified in subsection (c) or otherwise to carry out the duties of the United States central au- thority under the Convention. (b) Conditions on State court orders An order declaring an adoption to be final or granting custody for the purpose of adoption in a case described in subsection (a) shall not be entered unless the court— (1) has received and verified to the extent the court may find necessary— (A) the material described in subsection (a)(2); and