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What is the Intercountry Adoption Act of 2000? The Intercountry Adoption Act of 2000 (IAA), enacted on October 6, 2000, provides implementing legislation for the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Convention). When does it take effect? The IAA will not take effect until the United States implements the Convention. Implementation will occur only after the Immigration and Naturalization Service and the Department of State publish implementing regulations in the Federal Register and the United States deposits the instruments of ratification with the Permanent Bureau of the Hague Conference. This is expected to take between 24-36 months from October 2000. What is the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption? In May 1993, 66 countries, including the United States, reached an agreement establishing a cooperative framework between the countries of origin of children in need of adoption and their receiving countries to ensure that the child's best interests are safeguarded. The Convention's objective was to prevent abuses such as the abduction or sale of, or the trafficking in, children or any other improper financial gains. It also sought to ensure proper consent to the adoption, allowed for the child's transfer, and established the adopted child's status in the receiving country. The Convention set minimum international standards and procedures for adoptions that occur between countries which have implemented the Convention. In the case of adoptions taking place between countries that have implemented it, the Convention ensures greater protection from exploitation for children, birth parents and adoptive parents alike. Not every signatory country has yet implemented the agreement. Which Countries have implemented the Convention? As of October 6, 2000, the following countries have implemented the Convention on Intercountry Adoption: Andorra, Australia, Austria, Brazil, Burkina Faso, Burundi, Chile, Colombia, Costa Rica, Czech Republic, Cyprus, Denmark, Ecuador, El Salvador, Finland, France, Georgia, Iceland, Israel, Italy, Lithuania, Mauritius, Mexico, Moldova, Monaco, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Philippines, Poland, Romania, Spain, Sri Lanka, Sweden, and Venezuela. What is the effect of the IAA? Under the Convention, each country that is party to the Convention must designate a central authority to monitor requests for intercountry adoption. The IAA designates the Department of State as the U.S. Central Authority for intercountry adoptions. The U.S. Central Authority coordinates adoption matters between the Federal government and the central authorities of other countries. While this change is important and fundamental, it will not directly affect the immigration laws. How does the IAA change the Immigration and Nationality Act (the Act)? The IAA makes two changes to the Act. The IAA amends the Act to provide that an adoption certificate issued by the central authority is conclusive evidence of the relationship between the adopted child and the adoptive parent(s). The IAA also expands the definition of "child" beyond its previous definition in the Act. Section 101(b)(1)(G). When will the Convention apply in United States? The Convention will apply only after the United States implements the Convention. It will apply not only to children adopted by Americans but also to American children adopted by foreigners. It will apply only when both the sending country and the receiving country have implemented the Convention. Prospective adoptive parents are advised to contact the U.S. Central Authority to obtain current information regarding which countries have implemented the Convention. Am I limited to adopting a child only from a country which has implemented the
Convention? No. United States citizens may still adopt a child from any country which allows intercountry adoption. However, a child adopted from a country which has not implemented the Convention must qualify as an adopted child or an orphan under existing U.S. immigration law. Section 101(b)(1)(E) and (F). What children may be adopted from Hague countries? The IAA amends the Act to add section 101(b)(1)(G). This section defines a child as under the age of sixteen at the time an immigrant petition (Form I-600) is filed on the child's behalf. The child must be adopted in a foreign state that is a party to the Convention. Alternatively, the child must be emigrating from such a foreign state to be adopted in the United States. In either instance, the prospective adoptive parent(s) must be a United States citizen and spouse jointly, or an unmarried United States citizen at least twenty-five years of age. In order for a petition to be approved, the Attorney General must be satisfied that proper care will be furnished the child if admitted to the United States. The child's natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death or disappearance of, abandonment or desertion by, the other parent), or other persons or institutions that retain legal custody of the child, must have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child's emigration and adoption. In the case of a child having two living natural parents, the natural parents must be incapable of providing proper care for the child. Also, the Attorney General must be satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the biological parents has been terminated. What is the adoption certificate issued by the Department of State? The Convention provides that adoptions between Hague countries may not be completed unless both the sending country and the receiving country have certified that the child will be allowed to immigrate to the country of his or her adoptive parent(s). To ensure this, the IAA requires that no immigrant petition may be approved on behalf of a child being adopted between two Hague countries unless the Secretary of State has certified that the central authority of the child's country of origin has notified the U. S. Central Authority that a United States citizen habitually resident in the United States has effected final adoption of the child, or has been granted custody of the child for the purpose of emigration and adoption. May I adopt a child from a Hague country and later learn that the child is not eligible to immigrate to the United States? This should not be possible. Adoption in the sending country should not be permitted to take place before the adoption certificate issued by the Department of State establishes the child's eligibility to immigrate to the United States. |
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