I 
108TH CONGRESS 
2D SESSION 
H. R. 3896
To establish an Office of Intercountry Adoptions within the Department 
of State, and to reform United States laws governing intercountry adoptions. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 4, 2004
Mr. DEMINT (for himself, Mr. AKIN, Mr. BLUNT, Mr. OBERSTAR, Mr. PAUL, 
Mr. PENCE, Mr. POMEROY, Mr. SHIMKUS, Mr. STEARNS, Mr. WEXLER, 
and Mr. VAN HOLLEN) introduced the following bill; which was referred 
to the Committee on International Relations, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To establish an Office of Intercountry Adoptions within the 
Department of State, and to reform United States laws 
governing intercountry adoptions.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Intercountry Adoption 
Reform Act of 2004’’ or the ‘‘ICARE Act’’. 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds the following:
(1) That a child, for the full and harmonious 
development of his or her personality, should grow 
up in a family environment, in an atmosphere of 
happiness, love, and understanding. 
(2) That intercountry adoption may offer the 
advantage of a permanent family to a child for 
whom a suitable family cannot be found in his or her 
country of origin. 
(3) There has been a significant growth in 
intercountry adoptions. In 1990, Americans adopted 
7,093 children from abroad. In 2001, they adopted 
19,237 children from abroad. 
(4) Americans increasingly seek to create or en-
large their families through intercountry adoptions. 
(5) There are many children worldwide that are 
without permanent homes. 
(6) In the interest of United States citizens and 
homeless children, reforms are needed in the inter-
country adoption process used by United States citi-
zens. 
(7) In addition, Congress recognizes that for-
eign born adopted children do not make the decision 
whether to immigrate to the United States. They are 
being chosen by Americans to become part of their 
immediate families.
(8) As such these children should not be classi-
fied as immigrants in the traditional sense. Once 
fully and finally adopted, they should be treated as 
children of United States citizens. 
(9) Since a child who is fully and finally adopt-
ed is entitled to the same rights, duties, and respon-
sibilities as a biological child, the law should reflect 
such equality. 
(10) Therefore, foreign born adopted children 
of United States citizens should be accorded the 
same procedural treatment as biological children 
born abroad to a United States citizen. 
(11) If a United States citizen can confer citi-
zenship to a biological child born abroad, then the 
same citizen is entitled to confer such citizenship to 
their legally and fully adopted foreign born children 
immediately upon final adoption. 
(12) If a United States citizen cannot confer 
citizenship to a biological child born abroad, then 
such citizen cannot confer citizenship to their legally 
and fully adopted foreign born child, except through 
the naturalization process. 
(b) PURPOSES.—The purposes of this Act are—
(1) to ensure that foreign born children adopted 
by United States citizens will be treated identically
to a biological child born abroad to the same citizen 
parent; 
(2) to improve the intercountry adoption proc-
ess to make it more citizen friendly and child ori-
ented; and 
(3) to foster best practices. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADOPTABLE CHILD.—The term ‘‘adoptable 
child’’ has the same meaning given such term in sec-
tion 101(c)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1101(c)(3)), as added by section 
204(a) of this Act. 
(2) AMBASSADOR AT LARGE.—The term ‘‘Am-
bassador at Large’’ means the Ambassador at Large 
for Intercountry Adoptions appointed to head the 
Office pursuant to section 101(b). 
(3) FULL
AND
FINAL
ADOPTION.—The term 
‘‘full and final adoption’’ means an adoption—
(A) that is completed according to the laws 
of the child’s country of origin or the State law 
of the parent’s residence; 
(B) under which a person is granted full 
and legal custody of the adopted child;
(C) that has the force and effect of sev-
ering the child’s legal ties to the child’s biologi-
cal parents; 
(D) under which the adoptive parents meet 
the requirements of section 205; and 
(E) under which the child has been adju-
dicated to be an adoptable child in accordance 
with section 206. 
(4) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Intercountry Adoptions established under sec-
tion 101(a). 
(5) READILY APPROVABLE.—A petition or cer-
tification is considered ‘‘readily approvable’’ if the 
documentary support provided demonstrates that the 
petitioner satisfies the eligibility requirements and 
no additional information or investigation is nec-
essary. 
TITLE I—ADMINISTRATION OF 
INTERCOUNTRY ADOPTIONS 
Subtitle A—In General 
SEC. 101. OFFICE OF INTERCOUNTRY ADOPTIONS. 
(a) ESTABLISHMENT.—There is established within 
the Department of State, an Office of Intercountry Adop-
tions which shall be headed by the Ambassador at Large
for Intercountry Adoptions who shall be appointed pursu-
ant to subsection (b). 
(b) AMBASSADOR AT LARGE.—
(1) APPOINTMENT.—The Ambassador at Large 
shall be appointed by the President, by and with the 
advice and consent of the Senate, from among indi-
viduals who have background, experience, and train-
ing in intercountry adoptions. 
(2) AUTHORITY.—The Ambassador at Large 
shall report directly to the Secretary of State, in 
consultation with the Assistant Secretary for Con-
sular Affairs. 
(3) DUTIES OF THE AMBASSADOR AT LARGE.—
In carrying out the functions of the Office, the Am-
bassador at Large shall have the following respon-
sibilities: 
(A) IN
GENERAL.—The primary respon-
sibilities of the Ambassador at Large shall be—
(i) to ensure that intercountry adop-
tions take place in the best interests of the 
child; and 
(ii) to assist the Secretary of State in 
fulfilling the responsibilities designated to 
the central authority under title I of the
Intercountry Adoption Act of 2000 (42 
U.S.C. 14911 et seq.). 
(B) ADVISORY ROLE.—The Ambassador at 
Large shall be a principal advisor to the Presi-
dent and the Secretary of State regarding mat-
ters affecting intercountry adoption and the 
general welfare of children abroad and shall 
make recommendations regarding—
(i) the policies of the United States 
with respect to the establishment of a sys-
tem of cooperation among the parties to 
The Hague Convention; 
(ii) the policies to prevent abandon-
ment, strengthen families, and to advance 
the placement of children in permanent 
families; and 
(iii) policies that promote the well-
being of children. 
(C) DIPLOMATIC REPRESENTATION.—Sub-
ject to the direction of the President and the 
Secretary of State, the Ambassador at Large 
may represent the United States in matters and 
cases relevant to international adoption in—
(i) fulfillment of the responsibilities 
designated to the central authority under
title I of the Intercountry Adoption Act of 
2000 (42 U.S.C. 14911 et seq.); 
(ii) contacts with foreign governments, 
intergovernmental organizations, and spe-
cialized agencies of the United Nations and 
other international organizations of which 
the United States is a member; and 
(iii) 
multilateral 
conferences 
and 
meetings relevant to international adop-
tion. 
(D) INTERNATIONAL
POLICY
DEVELOP-
MENT.—To advise and support the Secretary of 
State and other relevant Bureaus in the devel-
opment of sound policy regarding child protec-
tion and intercountry adoption. 
(E) REPORTING
RESPONSIBILITIES.—The 
Ambassador at Large shall have the following 
reporting responsibilities: 
(i) IN GENERAL.—The Ambassador at 
Large shall assist the Secretary of State 
and other relevant Bureaus in preparing 
those portions of the Human Rights Re-
ports that relate to the abduction, sale, 
and trafficking of children.
(ii) ANNUAL
REPORT
ON
INTER-
COUNTRY ADOPTION.—On September 1 of 
each year, the Secretary of State, with the 
assistance of the Ambassador at Large, 
shall prepare and transmit to Congress an 
annual report on intercountry adoption. 
Each annual report shall include—
(I) a description of the status of 
child protection and adoption in each 
foreign country, including—
(aa) trends toward improve-
ment in the welfare and protec-
tion of children and families; 
(bb) trends in family reunifi-
cation, domestic adoption, and 
intercountry adoption; 
(cc) movement toward ratifi-
cation and implementation of 
The Hague Convention; and 
(dd) census information on 
the number of children in or-
phanages, 
foster 
homes, 
and 
other types of nonpermanent res-
idential care;
(II) the number of intercountry 
adoptions by United States citizens, 
regardless of whether the adoption oc-
curred under The Hague Convention, 
including the country from which each 
child emigrated, the State in which 
each child resides, and the country in 
which the adoption was finalized; 
(III) the number of intercountry 
adoptions involving emigration from 
the United States, regardless of 
whether the adoption occurred under 
The Hague Convention, including the 
country where each child now resides 
and the State from which each child 
emigrated; 
(IV) the number of Hague Con-
vention placements for adoption in the 
United States that were disrupted, in-
cluding the country from which the 
child emigrated, the age of the child, 
the date of the placement for adop-
tion, the reasons for the disruption, 
the resolution of the disruption, the 
agencies that handled the placement
for adoption, and the plans for the 
child, and in addition, any informa-
tion regarding disruption or dissolu-
tion of adoptions of children from 
other countries received pursuant to 
section 422(b)(4) of the Social Secu-
rity Act; 
(V) the average time required for 
completion of an adoption, set forth 
by the country from which the child 
emigrated; 
(VI) the current list of agencies 
accredited 
and 
persons 
approved 
under the Intercountry Adoption Act 
of 2000 (42 U.S.C. 14901 et seq.) to 
provide adoption services; 
(VII) the names of the agencies 
and persons temporarily or perma-
nently debarred under the Inter-
country Adoption Act of 2000 (42 
U.S.C. 14901 et seq.), and the rea-
sons for the debarment; 
(VIII) the range of adoption fees 
charged in connection with Hague 
Convention adoptions involving adop-
tions by United States citizens and 
the median of such fees set forth by 
the country of origin; 
(IX) the range of fees charged 
for accreditation of agencies and the 
approval of persons in the United 
States engaged in providing adoption 
services under The Hague Convention; 
and 
(X) recommendations of ways the 
United States might act to improve 
the welfare and protection of children 
and families in each foreign country. 
(c) FUNCTIONS OF OFFICE.—The Office shall have 
the following 6 functions: 
(1) APPROVAL OF A FAMILY TO ADOPT.—To 
approve or disapprove the eligibility of United States 
citizens to adopt foreign born children. 
(2) CHILD ADJUDICATION.—To adjudicate the 
status of a child born abroad as an adoptable child. 
(3) FAMILY SERVICES.—To provide assistance 
to United States citizens engaged in the intercountry 
adoption process in resolving problems with respect 
to that process and to track intercountry adoption
cases so as to ensure that all such adoptions are 
processed in a timely manner. 
(4) INTERNATIONAL POLICY DEVELOPMENT.—
To advise and support the Ambassador at Large and 
other relevant Bureaus in the development of sound 
policy regarding child protection and intercountry 
adoption. 
(5) CENTRAL AUTHORITY.—To assist the Sec-
retary of State in carrying out duties of the central 
authority as defined in section 3 of the Intercountry 
Adoption Act of 2000 (42 U.S.C. 14902). 
(6) ADMINISTRATION.—To perform administra-
tive functions related to the functions performed 
under paragraphs (1) through (5), including legal 
functions and congressional liaison and public affairs 
functions. 
(d) ORGANIZATION.—
(1) IN GENERAL.—All functions of the Office 
shall be performed by officers housed in a central-
ized office located in Washington, DC. Within the 
Washington, DC, office, there shall be 6 divisions 
corresponding to the 6 functions of the Office. All 6 
divisions and their respective directors shall report 
directly to the Ambassador at Large.
(2) APPROVAL
TO
ADOPT.—The division re-
sponsible for approving parents to adopt shall be di-
vided into regions of the United States as follows: 
(A) Northwest. 
(B) Northeast. 
(C) Southwest. 
(D) Southeast. 
(E) Midwest. 
(F) West. 
(3) CHILD ADJUDICATION.—To the extent prac-
ticable, the division responsible for the adjudication 
of foreign born children as adoptable shall be divided 
by world regions which correspond to those currently 
used by other divisions within the Department of 
State. 
(4) USE
OF
INTERNATIONAL
FIELD
OFFI-
CERS.—Nothing in this section shall be construed to 
prohibit the use of international field officers posted 
abroad, as necessary, to fulfill the requirements of 
this Act. 
(e) QUALIFICATIONS AND TRAINING.—In addition to 
meeting the employment requirements of the Department 
of State, officers employed in any of the 6 divisions of 
the Office shall undergo extensive and specialized training 
in the laws and processes of intercountry adoption as well
as understanding the cultural, medical, emotional, and so-
cial issues surrounding intercountry adoption and adoptive 
families. The Ambassador at Large shall, whenever pos-
sible, recruit and hire individuals with background and ex-
perience in intercountry adoptions. 
(f) USE OF ELECTRONIC DATABASES AND FILING.—
To the extent possible, the Office shall make use of cen-
tralized, electronic databases and electronic form filing. 
SEC. 102. RECOGNITION OF CONVENTION ADOPTIONS IN 
THE UNITED STATES. 
Section 505(a)(1) of the Intercountry Adoption Act 
of 2000 (42 U.S.C. 14901 note) is amended by inserting 
‘‘301, 302,’’ after ‘‘205,’’. 
SEC. 103. TECHNICAL AND CONFORMING AMENDMENT. 
Section 104 of the Intercountry Adoption Act of 2000 
(42 U.S.C. 14914) is repealed. 
Subtitle B—Transition Provisions 
SEC. 111. TRANSFER OF FUNCTIONS. 
(a) IN GENERAL.—All functions under the immigra-
tion laws of the United States with respect to the adoption 
of foreign born children by United States citizens and 
their admission to the United States that have been vested 
by statute in, or exercised by, the Commissioner of Immi-
gration and Naturalization, the Immigration and Natu-
ralization Service (or any officer, employee, or component
thereof), of the Department of Homeland Security (or any 
officer, employee, or component thereof) immediately prior 
to the effective date of this title, are transferred to the 
Office on such effective date for exercise by the Ambas-
sador at Large in accordance with applicable laws and title 
II of this Act. 
(b) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, the Ambassador at Large may, for 
purposes of performing any function transferred to the 
Ambassador at Large under subsection (a), exercise all 
authorities under any other provision of law that were 
available with respect to the performance of that function 
to the official responsible for the performance of the func-
tion immediately before the effective date of the transfer 
of the function pursuant to this title. 
SEC. 112. TRANSFER OF RESOURCES. 
Subject to section 1531 of title 31, United States 
Code, upon the effective date of this title, there are trans-
ferred to the Ambassador at Large for appropriate alloca-
tion in accordance with section 115, the assets, liabilities, 
contracts, property, records, and unexpended balance of 
appropriations, authorizations, allocations, and other 
funds employed, held, used, arising from, available to, or 
to be made available to the Immigration and Naturaliza-
tion Service or the Department of Homeland Security in
connection with the functions transferred pursuant to this 
title. 
SEC. 113. INCIDENTAL TRANSFERS. 
The Ambassador at Large may make such additional 
incidental dispositions of personnel, assets, liabilities, 
grants, contracts, property, records, and unexpended bal-
ances of appropriations, authorizations, allocations, and 
other funds held, used, arising from, available to, or to 
be made available in connection with such functions, as 
may be necessary to carry out this title. The Ambassador 
at Large shall provide for such further measures and dis-
positions as may be necessary to effectuate the purposes 
of this title. 
SEC. 114. SAVINGS PROVISIONS. 
(a) LEGAL DOCUMENTS.—All orders, determinations, 
rules, regulations, permits, grants, loans, contracts, agree-
ments, including collective bargaining agreements, certifi-
cates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Am-
bassador at Large, the former Commissioner of the 
Immigration and Naturalization Service, their dele-
gates, or any other Government official, or by a 
court of competent jurisdiction, in the performance
of any function that is transferred pursuant to this 
title; and 
(2) that are in effect on the effective date of 
such transfer (or become effective after such date 
pursuant to their terms as in effect on such effective 
date); 
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President, any other author-
ized official, a court of competent jurisdiction, or operation 
of law, except that any collective bargaining agreement 
shall remain in effect until the date of termination speci-
fied in the agreement. 
(b) PROCEEDINGS.—
(1) PENDING.—The transfer of functions under 
section 111 shall not affect any proceeding or any 
application for any benefit, service, license, permit, 
certificate, or financial assistance pending on the ef-
fective date of this title before an office whose func-
tions are transferred pursuant to this title, but such 
proceedings and applications shall be continued. 
(2) ORDERS.—Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and 
payments shall be made pursuant to such orders, as 
if this Act had not been enacted, and orders issued
in any such proceeding shall continue in effect until 
modified, terminated, superseded, or revoked by a 
duly authorized official, by a court of competent ju-
risdiction, or by operation of law. 
(3) DISCONTINUANCE
OR
MODIFICATION.—
Nothing in this section shall be considered to pro-
hibit the discontinuance or modification of any such 
proceeding under the same terms and conditions and 
to the same extent that such proceeding could have 
been discontinued or modified if this section had not 
been enacted. 
(c) SUITS.—This title shall not affect suits com-
menced before the effective date of this title, and in all 
such suits, proceeding shall be had, appeals taken, and 
judgments rendered in the same manner and with the 
same effect as if this title had not been enacted. 
(d) NONABATEMENT OF ACTIONS.—No suit, action, 
or other proceeding commenced by or against the Depart-
ment of State, the Immigration and Naturalization Serv-
ice, or the Department of Homeland Security, or by or 
against any individual in the official capacity of such indi-
vidual as an officer or employee in connection with a func-
tion transferred pursuant to this section, shall abate by 
reason of the enactment of this Act.
(e) CONTINUANCE OF SUIT WITH SUBSTITUTION OF 
PARTIES.—If any Government officer in the official capac-
ity of such officer is party to a suit with respect to a func-
tion of the officer, and pursuant to this title such function 
is transferred to any other officer or office, then such suit 
shall be continued with the other officer or the head of 
such other office, as applicable, substituted or added as 
a party. 
(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—Except as otherwise provided by this title, any 
statutory requirements relating to notice, hearings, action 
upon the record, or administrative or judicial review that 
apply to any function transferred pursuant to any provi-
sion of this title shall apply to the exercise of such function 
by the head of the office, and other officers of the office, 
to which such function is transferred pursuant to such 
provision. 
Subtitle C—Effective Date 
SEC. 121. EFFECTIVE DATE. 
This title shall take effect 180 days after the date 
of enactment of this Act.
TITLE II—REFORM OF UNITED 
STATES 
LAWS 
GOVERNING 
INTERCOUNTRY ADOPTIONS 
SEC. 201. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR 
ADOPTED CHILDREN BORN OUTSIDE THE 
UNITED STATES. 
(a) AMENDMENTS OF AUTOMATIC CITIZENSHIP PRO-
VISIONS.—Section 320 of the Immigration and Nationality 
Act (8 U.S.C. 1431) is amended—
(1) by amending the section heading to read as 
follows: ‘‘Children Born Outside the United States; 
Conditions Under Which Citizenship Automatically 
Acquired’’; and 
(2) in subsection (a), by striking paragraphs 
(1) through (3) and inserting the following: 
‘‘(1) Upon the date the adoption becomes full 
and final, at least 1 parent of the child is a citizen 
of the United States, whether by birth or naturaliza-
tion, who has been physically present in the United 
States or its outlying possessions for a period or pe-
riods totaling not less than 5 years, at least 2 of 
which were after attaining the age of 14 years. Any 
periods of honorable service in the Armed Forces of 
the United States, or periods of employment with 
the United States Government or with an inter-
national organization as that term is defined in sec-
tion 1 of the International Organizations Immunities 
Act (22 U.S.C. 288) by such citizen parent, or any 
periods during which such citizen parent is phys-
ically present abroad as the dependent unmarried 
son or daughter and a member of the household of 
a person—
‘‘(A) honorably serving with the Armed 
Forces of the United States; or 
‘‘(B) employed by the United States Gov-
ernment or an international organization as de-
fined in section 1 of the International Organiza-
tions Immunities Act (22 U.S.C. 288); 
may be included in order to satisfy the physical pres-
ence requirement of this paragraph. 
‘‘(2) The child is an adoptable child described 
in section 101(c)(3). 
‘‘(3) The child is the beneficiary of a full and 
final adoption decree entered by a foreign govern-
ment or a court in the United States. 
‘‘(4) For purposes of this subsection, the term 
‘full and final adoption’ means an adoption—
‘‘(A) that is completed under the laws of 
the child’s country of origin or the State law of 
the parent’s residence;
‘‘(B) under which a person is granted full 
and legal custody of the adopted child; 
‘‘(C) that has the force and effect of sev-
ering the child’s legal ties to the child’s biologi-
cal parents; 
‘‘(D) under which the adoptive parents 
meet the requirements of section 205 of the 
Intercountry Adoption Reform Act; and 
‘‘(E) under which the child has been adju-
dicated to be an adoptable child in accordance 
with section 206 of the Intercountry Adoption 
Reform Act.’’. 
(b) EFFECTIVE DATE.—This section shall take effect 
as if enacted on January 1, 1950. 
SEC. 202. REVISED PROCEDURES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the following requirements shall apply with 
respect to the adoption of foreign born children by United 
States citizens: 
(1) Upon completion of a full and final adop-
tion, the Secretary of State shall issue a United 
States passport and a Consular Report of Birth for 
a child who satisfies the requirements of section 320 
of the Immigration and Nationality Act (8 U.S.C.
1431), as amended by section 201 of this Act, upon 
application by a United States citizen parent. 
(2) An adopted child described in paragraph (1) 
shall not require the issuance of a visa for travel and 
admission to the United States but shall be admitted 
to the United States upon presentation of a valid, 
unexpired United States passport. 
(3) No affidavit of support under section 213A 
of the Immigration and Nationality Act (8 U.S.C. 
1183a) shall be required in the case of any adopt-
able child. 
(4) The Secretary of State shall not require an 
adopted child described in paragraph (1) to undergo 
a medical exam. 
(b) REGULATIONS.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of State shall 
prescribe such regulations as may be necessary to carry 
out this section. 
SEC. 203. NONIMMIGRANT VISAS FOR CHILDREN TRAV-
ELING TO THE UNITED STATES TO BE ADOPT-
ED BY A UNITED STATES CITIZEN. 
(a) IN GENERAL.—Section 101(a)(15) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(15)) is 
amended—
(1) by striking ‘‘or’’ at the end of subparagraph 
(U); 
(2) by striking the period at the end of sub-
paragraph (V) and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(W) an adoptable child who is coming into the 
United States for adoption by a United States cit-
izen and a spouse jointly or by an unmarried United 
States citizen at least 25 years of age, who has been 
approved to adopt by the Ambassador at Large, act-
ing through the Office of Intercountry Adoptions es-
tablished under section 101(a) of the Intercountry 
Adoption Reform Act.’’. 
(b) TERMINATION OF PERIOD OF AUTHORIZED AD-
MISSION.—Section 214 of the Immigration and Nation-
ality Act (8 U.S.C. 1184) is amended by adding at the 
end the following: 
‘‘(q) In the case of a nonimmigrant described in sec-
tion 101(a)(15)(W), the period of authorized admission 
shall terminate on the earlier of—
‘‘(1) the date on which the adoption of the non-
immigrant is completed by the courts of the State 
where the parents reside; or
‘‘(2) the date that is 2 years after the date of 
admission of the nonimmigrant into the United 
States.’’. 
(c) TEMPORARY TREATMENT AS LEGAL PERMANENT 
RESIDENT.—Notwithstanding any other law, all benefits 
and protections that apply to a legal permanent resident 
shall apply to a nonimmigrant described in section 
101(a)(15)(W) of the Immigration and Nationality Act, 
as added by subsection (a), pending a full and final adop-
tion. 
(d) EXCEPTION FROM IMMUNIZATION REQUIREMENT 
FOR
CERTAIN
ADOPTED
CHILDREN.—Section 
212(a)(1)(C) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(1)(C)) is amended—
(1) in the heading by striking ‘‘10 years’’ and 
inserting ‘‘18 years’’; and 
(2) in clause (i), by striking ‘‘10 years’’ and in-
serting ‘‘18 years’’. 
(e) REGULATIONS.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of State shall 
prescribe such regulations as may be necessary to carry 
out this section.
SEC. 204. DEFINITION OF ‘‘ADOPTABLE CHILD’’. 
(a) IN GENERAL.—Section 101(c) of the Immigration 
and Nationality Act (8 U.S.C. 1101(c)) is amended by 
adding at the end the following: 
‘‘(3) The term ‘adoptable child’ means an unmarried 
person under the age of 18—
‘‘(A) whose biological parents (or parent, in the 
case of a child who has one sole or surviving parent) 
or other persons or institutions that retain legal cus-
tody of the child—
‘‘(i) have freely given their written irrev-
ocable consent to the termination of their legal 
relationship with the child, and to the child’s 
emigration and adoption; 
‘‘(ii) are unable to provide proper care for 
the child, as determined by the appropriate gov-
ernmental authority of the child’s residence; or 
‘‘(iii) have voluntarily relinquished the 
child to governmental authorities pursuant to 
the law of the child’s residence; 
‘‘(B) with respect to whom the Secretary of 
State is satisfied that the proper care will be fur-
nished the child if admitted to the United States; 
‘‘(C) with respect to whom the Secretary of 
State is satisfied that the purpose of the adoption is 
to form a bona fide parent-child relationship and
that the parent-child relationship of the child and 
the biological parents has been terminated (and in 
carrying out both obligations under this subpara-
graph the Secretary of State, in consultation with 
the Secretary of Homeland Security, may consider 
whether there is a petition pending to confer immi-
grant status on one or both of the biological par-
ents); 
‘‘(D) with respect to whom the Secretary of 
State, in consultation with the Secretary of Home-
land Security, is satisfied that the person is not a 
security risk; and 
‘‘(E) whose adoption and emigration to the 
United States has been approved by the competent 
authority of the country of the child’s place of birth 
or residence.’’. 
(b) CONFORMING AMENDMENT.—Section 204(d) of 
the Immigration and Nationality Act (8 U.S.C. 1154(d)) 
is amended by inserting ‘‘and an adoptable child as de-
fined in section 101(c)(3)’’ before ‘‘unless a valid home-
study’’. 
SEC. 205. APPROVAL TO ADOPT. 
(a) IN GENERAL.—Prior to the issuance of a visa 
under section 101(a)(15)(W) of the Immigration and Na-
tionality Act, as added by section 203(a) of this Act, or
the issuance of a full and final adoption decree, the United 
States citizen adoptive parent shall have approved by the 
Office a petition to adopt. Such petition shall be subject 
to the same terms and conditions as are applicable to peti-
tions for classification under section 204.3 of title 8 of 
the Code of Federal Regulations, as in effect on the day 
before the date of enactment of this Act. 
(b) EXPIRATION OF APPROVAL.—Approval to adopt 
under this Act is valid for 24 months from the date of 
approval. 
(c) EXPEDITED REAPPROVAL PROCESS OF FAMILIES 
PREVIOUSLY APPROVED TO ADOPT.—The Ambassador at 
Large shall prescribe such regulations as may be necessary 
to provide for an expedited and streamlined process for 
families who have been previously approved to adopt and 
whose approval has expired, so long as not more than 3 
years have lapsed since the original application. 
(d) DENIAL OF PETITION.—
(1) NOTICE OF INTENT.—If the officer adjudi-
cating the petition to adopt finds that it is not read-
ily approvable, the officer shall notify the petitioner, 
in writing, of the officer’s intent to deny the peti-
tion. Such notice shall include the specific reasons 
why the petition is not readily approvable.
(2) PETITIONERS RIGHT TO RESPOND.—Upon 
receiving a notice of intent to deny, the petitioner 
has 30 days to respond to such notice. 
(3) DECISION.—Within 30 days of receipt of 
the petitioner’s response the Office must reach a 
final decision regarding the eligibility of the peti-
tioner to adopt. Notice of a formal decision must be 
delivered in writing. 
(4) RIGHT TO AN APPEAL.—Unfavorable deci-
sions may be appealed to the appropriate appellate 
jurisdiction of the Department of State, and if nec-
essary, Federal court. 
(5) REGULATIONS REGARDING APPEALS.—Not 
later than 6 months after the date of enactment of 
this Act, the Ambassador at Large shall promulgate 
formal regulations regarding the process for appeal-
ing the denial of a petition. 
SEC. 206. ADJUDICATION OF CHILD STATUS. 
(a) IN GENERAL.—Prior to the issuance of a full and 
final 
adoption 
decree 
or 
a 
visa 
under 
section 
101(a)(15)(W) of the Immigration and Nationality Act, 
as added by section 203(a) of this Act—
(1) the Office shall obtain from the competent 
authority of the country of the child’s residence a 
certification, together with documentary support,