Federal · Title 42 — Public Health and Welfare

42 U.S.C. § 14932: Adoptions of children emigrating from the United States

Civil

What this law says, in plain English

This statute establishes procedures and requirements for adoptions of children emigrating from the United States, including background studies, home studies, court documentation, and central authority approvals under international adoption conventions.

Read the full statutory text
a background study on the child is completed; 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 despite such efforts, has not been able to place the child for adoption in the United States in a timely manner; and a determination is made that placement with the prospective adoptive parent or parents is in the best interests of the child. documentation of the matters described in paragraph (1); 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 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 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. official copies of State court orders certifying the final adoption or grant of custody for the purpose of adoption; the information and documents described in paragraph (2), to the extent required by the United States central authority; and 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. the material described in subsection (a)(2); and satisfactory evidence that the requirements of Articles 4 and 15 through 21 of the Convention have been met; and has determined that the adoptive placement is in the best interests of the child. 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. 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 .

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