Intercountry Adoption Convention Implementation Act of 1999

TABLE OF CONTENTS:

Title I: United States Central Authority

Title II: Accreditation of Persons Providing Intercountry

Adoption Services

Title III: Recognition of Convention Adoptions in the

United States

Title IV: Administration and Enforcement

Title V: General Provisions

Intercountry Adoption Convention Implementation Act of 1999 - Title I: United States Central Authority - Requires all central authority functions of the United States with respect to implementation of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption done at the Hague on May 29, 1993, to be carried out by the Department of State through the Secretary of State. Requires all State Department personnel performing central authority functions to have three to five years experience in international adoptions. Outlines responsibilities of the Secretary, including liaison, information exchange, and other coordination activities relating to the Convention.

(Sec. 104) Requires the Attorney General to be responsible for the filing of applications by prospective adoptive parents to the central authority of their country of residence.

(Sec. 105) Requires annual reports from the Secretary to Congress describing activities of the U.S. central authority during the previous year.

Title II: Accreditation of Persons Providing Intercountry Adoption Services - Prohibits any person from providing adoption services in connection with a Convention adoption unless that person is: (1) accredited by an accrediting authority under this title; or (2) providing such services through or under the supervision and responsibility of an accredited person. Provides exceptions for: (1) social work professionals or organizations performing background studies and related activities; (2) entities providing child welfare services, but not arranging the adoption; (3) attorneys providing legal services; and (4) prospective adoptive parents acting on their own behalf.

(Sec. 202) Directs the Secretary to designate as accrediting entities, and enter into agreements with, no more than five nonprofit private entities that have experience and expertise in developing and administering international adoption services and standards for entities providing child welfare services. Requires such entities to accredit persons for the performance of functions under the Convention, and to undertake related oversight and enforcement activities. Provides administrative procedures for denial, suspension, or cancellation of accreditation, mandated corrective action, or other adverse action against a person. Allows fees to be charged for persons seeking accreditation for Convention intercountry adoptions.

(Sec. 203) Directs the Secretary to establish standards and procedures to be used by entities for the accreditation of persons arranging Convention adoptions. Outlines accreditation standards, requirements, and conditions.

(Sec. 204) Directs the Secretary to: (1) monitor each entity's performance of accrediting functions and compliance with appropriate regulations; and (2) suspend or cancel the accreditation of an entity found to be substantially out of compliance with the Convention, this Act, or other appropriate laws or regulations. Authorizes the Secretary to debar an entity from accreditation activities, under certain conditions. Provides judicial review of the Secretary's decisions under this section.

Title III: Recognition of Convention Adoptions in the United States - Directs the Secretary, with respect to each Convention adoption, to issue a certificate to the adoptive citizen parent domiciled in the United States recognizing the legal effect, for purposes of emigration and adoption, of a Convention adoption, as long as the Secretary has received appropriate documentation from the central authority of the child's country of origin and has verified that other requirements of this Act have been met. Provides for U.S. recognition of adoptions finalized in other Convention countries.

(Sec. 302) Amends the Immigration and Nationality Act to include: (1) under its definition of "child" a child adopted through the Convention; and (2) under its immigration approval procedures a child for whom the Secretary has certified that a U.S. citizen has effected final adoption under the Convention.

(Sec. 303) Outlines procedures for the adoption in any other Convention country of a child residing in the United States, requiring certain written documentation by the accredited person or the prospective parents acting on their own behalf (if so permitted in such country). States that an order by a State court certifying such an adoption as final or granting custody for adoption shall not be recognized by the Secretary or the Attorney General unless such court: (1) has received and verified the above information and documentation, as well as evidence that other Convention requirements have been met; and (2) has determined that the adoptive placement is in the child's best interests. Provides special rules for unusual adoptions and harmless violations of Convention requirements.

(Sec. 305) Authorizes a State court to void a Convention adoption if: (1) the adoption decree was granted by a State court; (2) the court finds clear and convincing evidence that adoptive consent was obtained through fraud, duress, or improper inducement; (3) voiding such adoption is in the best interests of the child; (4) less than two years have passed since the adoptive parents obtained custody; and (5) the adoptive parents are afforded an opportunity to be heard in such proceedings. Recognizes another country's proceedings vacating such adoptions. States that the voiding of such an adoption does not void or prohibit the naturalization of such child as a U.S. citizen.

(Sec. 306) Recognizes adoptions between two Convention countries that occur before Convention recognition within the United States.

Title IV: Administration and Enforcement - Provides for: (1) the retention and identification of Convention adoption records; (2) the nondisclosure of identifying information contained in such records (with exceptions under the Freedom of Information Act and for Convention administration); and (3) recognition of Convention documents of other countries.

(Sec. 403) Authorizes appropriations for Convention implementation.

(Sec. 404) Provides civil penalties and other enforcement procedures for violations of this Act.

Title V: General Provisions - States that the Convention and this Act shall have no effect on: (1) Federal, State, or local law; (2) provisions of the Indian Child Welfare Act; or (3) State adoption licensing laws.