II 

Calendar No. 330 

111TH CONGRESS 

2D SESSION S. 1376 

To restore immunization and sibling age exemptions for children adopted 

by United States citizens under the Hague Convention on Intercountry 

Adoption to allow their admission into the United States. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2009 

Ms. KLOBUCHAR (for herself, Ms. LANDRIEU, Mr. INHOFE, Mr. FEINGOLD, 

Mr. DURBIN, Mr. LEAHY, and Mr. LUGAR) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

MARCH 22 (legislative day, MARCH 19), 2010 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To restore immunization and sibling age exemptions for children adopted by United States citizens under the Hague 

Convention on Intercountry Adoption to allow their admission into the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. EXEMPTION FROM VACCINATION DOCUMENTA2 TION REQUIREMENT. 

3 Section 212(a)(1)(C)(ii) of the Immigration and Na4 tionality Act (8 U.S.C. 1182(a)(1)(C)(ii)) is amended by 

5 striking ‘‘section 101(b)(1)(F),’’ and inserting ‘‘subpara6 graph (F) or (G) of section 101(b)(1);’’. 

7 SEC. 2. SIBLING ADOPTIONS. 

8 Section 101(b)(1)(G) of the Immigration and Nation9 ality Act (8 U.S.C. 1101(b)(1)(G)) is amended— 

10 (1) in clause (i), by striking ‘‘and’’ at the end; 

11 (2) in clause (ii), by striking the period at the 

12 end and inserting ‘‘and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(iii) subject to the same provisos as in 

15 clause (i), if the child— 

16 ‘‘(I) is a natural sibling of a child de17 scribed in clause (i), subparagraph (E)(i), 

18 or subparagraph (F)(i); 

19 ‘‘(II) has been adopted abroad, or is 

20 coming to the United States for adoption, 

21 by the adoptive parent (or prospective 

22 adoptive parent) or parents of the sibling 

23 described in clause (i), subparagraph 

24 (E)(i), or subparagraph (F)(i); and 

25 ‘‘(III) is otherwise described in clause 

26 (i), except that the child is younger than 


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1 18 years of age at the time a petition is 

2 filed on his or her behalf for classification 

3 as an immediate relative under section 

4 201(b).’’. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as ‘‘International Adoption 

7 Simplification Act’’. 

8 SEC. 2. EXEMPTION FROM VACCINATION DOCUMENTATION 

9 REQUIREMENT. 

10 Section 212(a)(1)(C)(ii) of the Immigration and Na11 tionality Act (8 U.S.C. 1182(a)(1)(C)(ii)) is amended by 

12 striking ‘‘section 101(b)(1)(F),’’ and inserting ‘‘subpara13 graph (F) or (G) of section 101(b)(1);’’. 

14 SEC. 3. SIBLING ADOPTIONS. 

15 Section 101(b)(1)(G) of the Immigration and Nation16 ality Act (8 U.S.C. 1101(b)(1)(G)) is amended to read as 

17 follows: 

18 ‘‘(G)(i) a child, younger than 16 years of 

19 age at the time a petition is filed on the child’s 

20 behalf to accord a classification as an immediate 

21 relative under section 201(b), who has been 

22 adopted in a foreign state that is a party to the 

23 Convention on Protection of Children and Co-op24 eration in Respect of Intercountry Adoption done 

25 at The Hague on May 29, 1993, or who is emiVerDate Nov 24 2008 00:06 Mar 23, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\S1376.RS S1376

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1 grating from such a foreign state to be adopted 

2 in the United States by a United States citizen 

3 and spouse jointly or by an unmarried United 

4 States citizen who is at least 25 years of age, 

5 Provided, That— 

6 ‘‘(I) the Attorney General is satisfied 

7 that proper care will be furnished the child 

8 if admitted to the United States; 

9 ‘‘(II) the child’s natural parents (or 

10 parent, in the case of a child who has one 

11 sole or surviving parent because of the death 

12 or disappearance of, abandonment or deser13 tion by, the other parent), or other persons 

14 or institutions that retain legal custody of 

15 the child, have freely given their written ir16 revocable consent to the termination of their 

17 legal relationship with the child, and to the 

18 child’s emigration and adoption; 

19 ‘‘(III) in the case of a child having two 

20 living natural parents, the natural parents 

21 are incapable of providing proper care for 

22 the child; 

23 ‘‘(IV) the Attorney General is satisfied 

24 that the purpose of the adoption is to form 

25 a bona fide parent-child relationship, and 


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1 the parent-child relationship of the child 

2 and the natural parents has been termi3 nated (and in carrying out both obligations 

4 under this subclause the Attorney General 

5 may consider whether there is a petition 

6 pending to confer immigrant status on one 

7 or both of such natural parents); and 

8 ‘‘(V) in the case of a child who has not 

9 been adopted— 

10 ‘‘(aa) the competent authority of 

11 the foreign state has approved the 

12 child’s emigration to the United States 

13 for the purpose of adoption by the pro14 spective adoptive parent or parents; 

15 and 

16 ‘‘(bb) the prospective adoptive 

17 parent or parents has or have complied 

18 with any pre-adoption requirements of 

19 the child’s proposed residence; and 

20 ‘‘(ii) except that no natural parent or prior 

21 adoptive parent of any such child shall there22 after, by virtue of such parentage, be accorded 

23 any right, privilege, or status under this chapter; 

24 or 


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1 ‘‘(iii) subject to the same provisos as in 

2 clauses (i) and (ii), a child who— 

3 ‘‘(I) is a natural sibling of a child de4 scribed in clause (i), subparagraph (E)(i), 

5 or subparagraph (F)(i); 

6 ‘‘(II) was adopted abroad, or is coming 

7 to the United States for adoption, by the 

8 adoptive parent (or prospective adoptive 

9 parent) or parents of the sibling described 

10 in clause (i), subparagraph (E)(i), or sub11 paragraph (F)(i); and 

12 ‘‘(III) is otherwise described in clause 

13 (i), except that the child is younger than 18 

14 years of age at the time a petition is filed 

15 on his or her behalf for classification as an 

16 immediate relative under section 201(b).’’. 

17 SEC. 4. EFFECTIVE DATE. 

18 The amendments made by this Act shall take effect as 

19 if enacted on April 1, 2008. 


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Calendar No. 330 

111TH CONGRESS 

2D SESSION S. 1376 

A BILL 

To restore immunization and sibling age exempthe United States. country Adoption to allow their admission into zens under the Hague Convention on Inter- tions for children adopted by United States citiMARCH 22 (legislative day, MARCH 19), 2010 

Reported with an amendment 


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