(a) Duties of accredited agency or approved person
In the case of a Convention adoption involving the emigration of a child residing in the United States to a foreign country, the accredited agency or approved person providing adoption services, or the prospective adoptive parent or parents 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 Convention—
(A) a background study on the child is completed;
(B) the accredited agency or approved person—
(i) has made reasonable efforts to actively 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 placement with the prospective adoptive parent or parents is in the best interests of the child.
(2) Furnish to the State court with jurisdiction over the case—
(A) documentation of the matters described 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 Convention 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 authority—
(A) official copies of State court orders certifying the final adoption or grant of custody for the purpose of adoption;
(B) the information and documents described in paragraph (2), to the extent required by the United States central authority; 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 authority 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
(B) satisfactory evidence that the requirements of Articles 4 and 15 through 21 of the Convention have been met; and
(2) has determined that the adoptive placement is in the best interests of the child.
(c) Duties of the Secretary of State
In a case described in subsection (a), the Secretary, 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 purposes of adoption has been granted, in accordance with the Convention and this chapter.
(d) Filing with registry regarding non-Convention adoptions
Accredited agencies, approved persons, and other persons, including governmental authorities, providing adoption services in an intercountry 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 General and the Secretary of State for purposes of implementing section 14912(e) of this title.
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 chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables.
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(a)(2), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.