I 

108TH CONGRESS 

2D SESSION H. R. 4561

To amend the Immigration and Nationality Act to modify the treatment 

of adopted children. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2004

Ms. LOFGREN (for herself, Mr. CAMP, Mr. CONYERS, Mr. PORTMAN, Mr. 

BERMAN, Mr. DELAHUNT, Mr. NADLER, Ms. LINDA T. SA ́NCHEZ of California, and Ms. JACKSON-LEE of Texas) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act to modify 

the treatment of adopted children.

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

3 SECTION 1. MODIFICATION OF TREATMENT OF ADOPTED 

4 CHILDREN. 

5 (a) IN GENERAL.—Section 101(b)(1) of the Immi6 gration and Nationality Act (8 U.S.C. 1101(b)(1)) is 

7 amended—

8 (1) in subparagraph (E)(i), by striking ‘‘a child 

9 adopted while under the age of sixteen years if the 
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1 child has been in the legal custody of, and has re2 sided with, the adopting parent or parents for at 

3 least two years:’’ and inserting ‘‘a child adopted 

4 while under the age of 18 years if the child has been 

5 in the legal custody of, and has resided with, the 

6 adopting parent or parents for at least two years 

7 and the adoption was officially initiated while the 

8 child was under the age of 16 years:’’; and 

9 (2) in subparagraph (F)—

10 (A) in clause (i)—

11 (i) by striking ‘‘child, under the age of 

12 sixteen at the time a petition is filed in his 

13 behalf to accord a classification as an im14 mediate relative under section 201(b), 

15 who’’ and inserting ‘‘child who’’; 

16 (ii) by inserting ‘‘while under the age 

17 of 18 years’’ after ‘‘who has been adopted 

18 abroad’’; and 

19 (iii) by striking ‘‘the Attorney General 

20 is satisfied that proper care will be fur21 nished the child if admitted to the United 

22 States:’’ and inserting ‘‘the Secretary of 

23 Homeland Security is satisfied that proper 

24 care will be furnished the child if admitted 

25 to the United States and that the adoption 
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1 abroad, or the compliance with domestic 

2 preadoption requirements, was officially 

3 initiated while the child was under the age 

4 of 16 years:’’; and 

5 (B) in clause (ii), by striking ‘‘except that 

6 the child is under the age of 18 at the time a 

7 petition is filed in his or her behalf to accord 

8 a classification as an immediate relative under 

9 section 201(b).’’ and inserting ‘‘except that the 

10 Secretary of Homeland Security shall be satis11 fied that the adoption abroad, or the compli12 ance with domestic preadoption requirements, 

13 was officially initiated while the child was under 

14 the age of 18 years.’’. 

15 (b) PROVISIONS EFFECTIVE UPON ENTRY INTO

16 FORCE OF CONVENTION.—

17 (1) IN GENERAL.—Section 101(b)(1)(G) of the 

18 Immigration and Nationality Act (8 U.S.C. 

19 1101(b)(1)(G)) is amended—

20 (A) in the matter preceding clause (i)—

21 (i) by striking ‘‘child, under the age of 

22 sixteen at the time a petition is filed on the 

23 child’s behalf to accord a classification as 

24 an immediate relative under section 
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1 201(b), who’’ and inserting ‘‘child who’’; 

2 and 

3 (ii) by inserting ‘‘while under the age 

4 of 18 years’’ after ‘‘who has been adopt5 ed’’; and 

6 (B) in clause (i)—

7 (i) in subclause (IV), by striking 

8 ‘‘and’’ at the end; and 

9 (ii) by adding at the end the fol10 lowing: 

11 ‘‘(VI) in the case of a child who—

12 ‘‘(aa) has been adopted, the 

13 adoption was officially initiated while 

14 the child was under the age of 16 

15 years; or 

16 ‘‘(bb) has not been adopted, the 

17 approval described in subparagraph 

18 (V)(aa) was officially sought while the 

19 child was under the age of 16 years; 

20 and’’. 

21 (2) EFFECTIVE DATE.—The amendments made 

22 by paragraph (1) shall take effect as if included in 

23 the enactment of section 302(a) of the Intercountry 

24 Adoption Act of 2000 (Public Law 106–279). 
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1 (c) NATURALIZATION PURPOSES.—Section 101(c)(1) 

2 of the Immigration and Nationality Act (8 U.S.C. 

3 1101(c)(1)) is amended to read as follows: 

4 ‘‘(1) The term ‘child’ means an unmarried person 

5 under 21 years of age and includes—

6 ‘‘(A) a child legitimated under the law of the 

7 child’s residence or domicile, or under the law of the 

8 father’s residence or domicile, whether in the United 

9 States or elsewhere, if such legitimation takes place 

10 before the child reaches the age of 16 years and the 

11 child is in the legal custody of the legitimating par12 ent or parents at the time of such legitimation; and 

13 ‘‘(B) except as otherwise provided in sections 

14 320 and 321, a child adopted in the United States, 

15 if such adoption is officially initiated before the child 

16 reaches the age of 16 years and the child is in the 

17 legal custody of the adopting parent or parents at 

18 the time of such adoption.’’.

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