42 U.S.C. § 14932 — Adoptions of children emigrating from

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 Page 8656 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14941 (B) satisfactory evidence that the require- ments of Articles 4 and 15 through 21 of the Convention have been met; and (2) has determined that the adoptive place- ment is in the best interests of the child. (c) Duties of the Secretary of State In a case described in subsection (a), the Sec- retary, on receipt and verification as necessary of the material and information described in subsection (a)(3), shall issue, as applicable, an official certification that the child has been adopted or a declaration that custody for pur- poses of adoption has been granted, in accord- ance with the Convention and this chapter. (d) Filing with registry regarding non-Conven- tion adoptions Accredited agencies, approved persons, and other persons, including governmental authori- ties, providing adoption services in an inter- country adoption not subject to the Convention that involves the emigration of a child from the United States shall file information required by regulations jointly issued by the Attorney Gen- eral and the Secretary of State for purposes of implementing section 14912(e) of this title. (Pub. L. 106–279, title III, § 303, Oct. 6, 2000, 114 Stat. 839.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), 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. 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. SUBCHAPTER IV—ADMINISTRATION AND ENFORCEMENT § 14941. Access to Convention records (a) Preservation of Convention records (1) In general Not later than 180 days after October 6, 2000, the Secretary, in consultation with the Attor- ney General, shall issue regulations that es- tablish procedures and requirements in ac- cordance with the Convention and this section for the preservation of Convention records. (2) Applicability of notice and comment rules Subsections (b), (c), and (d) of section 553 of title 5 shall apply in the development and issuance of regulations under this section. (b) Access to Convention records (1) Prohibition Except as provided in paragraph (2), the Sec- retary or the Attorney General may disclose a Convention record, and access to such a record may be provided in whole or in part, only if such record is maintained under the authority of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] and disclosure of, or access to, such record is permitted or required by ap- plicable Federal law. (2) Exception for administration of the Con- vention A Convention record may be disclosed, and access to such a record may be provided, in whole or in part, among the Secretary, the At- torney General, central authorities, accredited agencies, and approved persons, only to the ex- tent necessary to administer the Convention or this chapter. (3) Penalties for unlawful disclosure Unlawful disclosure of all or part of a Con- vention record shall be punishable in accord- ance with applicable Federal law. (c) Access to non-Convention records Disclosure of, access to, and penalties for un- lawful disclosure of, adoption records that are not Convention records, including records of adoption proceedings conducted in the United States, shall be governed by applicable State law. (Pub. L. 106–279, title IV, § 401, Oct. 6, 2000, 114 Stat. 841.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. This chapter, referred to in subsec. (b)(2), 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 Subsec. (a) of this section effective Oct. 6, 2000, and subsecs. (b) and (c) of this 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, pursuant to Article 46(2)(a) of the Convention, with transition rule, see section 505 of Pub. L. 106–279, set out as an Effective Dates; Transi- tion Rule note under section 14901 of this title. § 14942. Documents of other Convention coun- tries Documents originating in any other Conven- tion country and related to a Convention adop- tion case shall require no authentication in order to be admissible in any Federal, State, or local court in the United States, unless a spe- cific and supported claim is made that the docu- ments are false, have been altered, or are other- wise unreliable. (Pub. L. 106–279, title IV, § 402, Oct. 6, 2000, 114 Stat. 841.)