A bill to implement the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, and for other purposes.
(Sec. 101) Requires State Department personnel performing core central authority functions to have: (1) a strong background in consular affairs; (2) personal experience in international adoptions; or (3) professional experience in international adoptions or child services.
(Sec. 102) Outlines responsibilities of the Secretary, including liaison, information exchange, accreditation and approval, and coordination activities relating to the Convention.
(Sec. 103) Vests the Attorney General with responsibility for filing applications on behalf of prospective adoptive parents to the central authority of their country of residence.
(Sec. 104) Requires the Secretary, in consultation with the Attorney General, to submit annual status reports on intercountry adoptions to certain congressional committees.
Title II: Provisions Relating to Accreditation and Approval - 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 under the supervision and responsibility of an accredited person. Exempts from such prohibition: (1) background studies and home studies approved by an accredited agency; (2) certain persons providing child welfare services, but not providing any other adoption service; (3) attorneys providing legal services, but not adoption services; and (4) prospective adoptive parents acting on their own behalf.
(Sec. 202) Prescribes procedural guidelines for the Secretary to: (1) enter into agreements with a qualified entity to perform accreditation, oversight, and enforcement duties; and (2) designate such entity as an accrediting entity. Subjects accreditation fees assessed for Convention intercountry adoptions to the approval of the Secretary.
(Sec. 203) Directs the Secretary to establish standards and procedures to be used by accrediting entities for the accreditation of agencies and the approval 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. Authorizes the Secretary to debar an entity from accreditation activities, under certain conditions. Provides judicial review of the Secretary's debarment decision.
(Sec. 205) Amends the Social Security Act to include among the requisite features of State plans for child welfare services: (1) a description of State activities undertaken for child adoptees from other countries; and (2) a State compilation and report regarding adoptees in State custody as a result of an adoption disruption or dissolution.
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: (1) redefine "child" to include a child adopted through the Convention; and (2) include immigration approval procedures for a child 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. Cites prerequisites to a State court order either certifying such adoption, or granting custody for adoption, including a determination that the adoptive placement is in the best interests of the child.
Title IV: Administration and Enforcement - Instructs the Secretary to promulgate procedural guidelines for the preservation of Convention records. Sets forth provisions relating to: (1) access and disclosure in accordance with Federal law; (2) penalties for unlawful disclosure; and (3) recognition of Convention documents of other countries.
(Sec. 403) Authorizes appropriations for Convention implementation.
(Sec. 404) Provides civil and criminal penalties and other enforcement procedures for violations of this Act.
Title V: General Provisions - Grants full recognition and effect to adoptions concluded between two other Convention countries that meet Convention requirements and became final before the date of entry into force of the Convention for the United States.
(Sec. 502) Authorizes the Secretary to: (1) prescribe alternative procedures in Convention cases for the adoption of children by individuals related to them by blood, marriage, or adoption; and (2) waive requirements on a case-by-case basis in order to further the best interests of the child, or to prevent grave physical harm to the child.
(Sec. 503) States that the Convention and this Act preempt State or municipal adoption laws (including the Indian Child Welfare Act of 1978) only to the extent such laws are inconsistent with the Convention or this Act.
(Sec. 504) Denies that the Convention or this Act creates a private right of action to seek administrative or judicial relief, except as expressly provided in this Act.
Referred to the Subcommittee on International Operations and Human Rights.
Became Public Law No: 106-279.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3133)
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Hearings held. Hearings printed: S.Hrg. 106-257.
Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Foreign Relations. Reported to Senate by Senator Helms with an amendment in the nature of a substitute. With written report No. 106-276.
Committee on Foreign Relations. Reported to Senate by Senator Helms with an amendment in the nature of a substitute. With written report No. 106-276.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 523.
Sponsor introductory remarks on measure. (CR S8934)
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