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United States · Law · HR

H.R. 2909 (106th)

Intercountry Adoption Act of 2000

enactedUnited States· United States Congress· EN

Introduced

22 September 1999

Last action

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Status

Became Public Law No: 106-279.

Sponsors

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Subjects

Discovery layer

Source updated

21 July 2025

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Summary

Intercountry Adoption Act of 1999 - Title I: United States Central Authority - Requires the Department of State through the Secretary of State to serve as the central authority 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. Outlines responsibilities of the Secretary of State, including liaison, information exchange, and other coordination activities relating to the Convention. (Sec. 103) 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. 104) Requires annual reports from the Secretary of State to Congress describing activities of the U.S. central authority during the previous year. Title II: Provisions Relating to Accreditation and Approval -Directs the Secretary of Health and Human Services (Secretary) to carry out functions prescribed by the Convention with respect to the accreditation of agencies and the approval of persons to provide adoption services in the United States. (Sec. 202) Prohibits a person, with specified exceptions, from offering or providing an adoption service in connection with a Convention adoption in the United States unless that person is accredited under this title, or is providing such service through or under the supervision and responsibility of an accredited person. (Sec. 203) Directs the Secretary to enter into agreements with one or more qualified entities that will provide for the accreditation of agencies, and approval of persons, to provide adoption services in the United States in cases subject to the Convention. Requires such entities to undertake related oversight, enforcement, and information collection activities. Sets forth procedures for an agency or person to reapply for accreditation as a result of an adverse action by an accrediting entity. Provides for the judicial review of such actions. Allows fees to be charged against agencies or persons seeking accreditation for Convention intercountry adoptions. Outlines accreditation standards and procedures. (Sec. 205) Directs the Secretary to: (1) monitor each entity's performance of accrediting duties and compliance with the Convention and other applicable laws and regulations; and (2) suspend or cancel the accreditation of an agency or person found to be substantially out of compliance with applicable requirements, and the accrediting entity has failed or refused to take appropriate corrective action. Authorizes the Secretary to debar an agency or person from accreditation, under certain conditions. Provides judicial review of the Secretary's decisions under this section. (Sec. 206) Authorizes appropriations, limited to the amount of fees collected by accrediting entities. 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 with respect to adoption. 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 duties to be performed by an accredited agency or approved person or the prospective parents acting on their own behalf (if so permitted in such country). Prohibits a State court from entering an order declaring such adoption to be final or granting custody for adoption, unless such court: (1) has received and verified that such duties have been performed, 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. (Sec. 304) Prohibits a State court from vacating a final adoption decree entered pursuant to the Convention unless: (1) the 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 by compensation; (3) voiding such adoption is in the best interests of the child; and (4) 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. Title IV: Administration and Enforcement - Provides for: (1) the preservation of Convention adoption records; (2) the nondisclosure of identifying information contained in such records (except to the extent necessary to administer the Convention or this Act); and (3) recognition of Convention documents of other countries. (Sec. 403) Authorizes appropriations. (Sec. 404) Provides civil penalties and other enforcement procedures for violations of this Act. Title V: General Provisions - Sets forth provisions with respect to the recognition of Convention adoptions. (Sec. 502) Authorizes the Secretary of State to establish by regulation alternative procedures for the adoption of children by individuals related to them by blood or marriage in cases subject to the Convention. (Sec. 503) States that the Convention and this Act shall have no effect on: (1) State law; or (2) provisions of the Indian Child Welfare Act.

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Documents

19 official files

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