described in paragraph (1) shall be treated by Fed-
eral and State agencies, courts, and other public and
private persons and entities as conclusive evidence of
the facts certified therein, except as provided in sec-
tion 305, and shall constitute the certification re-
quired by section 204(d)(2) of the Immigration and
Nationality Act, as amended by this Act.
(b) LEGAL EFFECT OF ADOPTIONS FINALIZED IN
OTHER CONVENTION COUNTRIES.—The final adoption in
any other Convention country, certified by the Secretary
of State pursuant to subsection (a) or section 303(d) of
this Act, shall be recognized as a final, valid adoption for
the purposes of all Federal, State, and local laws of the
United States, and shall be accorded the same legal effect
as the final adoption of a child in the State where such
United States citizens reside or are domiciled.
(c) CONDITION ON FINALIZATION OF CONVENTION
ADOPTIONS BY STATE COURTS.—In the case of a child
who has been admitted to the United States from any
other Convention country for the purpose of adoption, a
State court shall not have authority to issue an order de-
claring the adoption final unless the Secretary of State
has issued the certificate described in subsection (b).
SEC. 302. AMENDMENTS OF THE IMMIGRATION AND NA-
TIONALITY ACT.
(a) DEFINITION OF ‘‘CHILD’’.—Section 101(b)(1) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(b)(1)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(E);
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; or’’;
(3) in subparagraphs (E) and (F), by inserting
‘‘except as provided in subparagraph (G),’’ before ‘‘a
child’’ each place it appears; and
(4) by adding after subparagraph (F) the fol-
lowing new subparagraph:
‘‘(G) a child, under the age of sixteen at
the time a petition is filed on the child’s behalf
to accord a classification as an immediate rel-
ative under section 201(b), who has been adopt-
ed in a foreign country that is a party to the
Convention on Protection of Children and Co-
operation in Respect of Intercountry Adoption,
or who is emigrating from such a foreign coun-
try to be adopted in the United States by at
least one United States citizen and the citizen’s
spouse jointly, or by an unmarried United
States citizen at least 25 years of age, if—
‘‘(i) the Attorney General is satisfied
that proper care will be furnished the child
if admitted to the United States,
‘‘(ii) in a case in which required by
the country of the child’s habitual resi-
dence, the child’s birth parents, or other
persons or institutions that retain legal
custody of the child, have freely given their
written irrevocable consent to the termi-
nation of their relationship with the child,
‘‘(iii) in the case of a child who has
not been adopted, the competent authority
of the foreign State has approved the
child’s emigration to the United States for
the purpose of adoption by the prospective
adoptive parents,
‘‘(iv) the child is not the grandchild,
niece, nephew, brother, sister, aunt, uncle,
or first cousin of any of the adopting par-
ents, unless—
‘‘(I) the child has no living moth-
er because of the death or disappear-
ance of, abandonment or desertion by,
or separation from or loss of the
child’s mother; or
‘‘(II) the father is unknown, or
was not married to the child’s mother
on the date of the child’s birth, or is
incapable of providing the proper care
for the child and has in writing irrev-
ocably released the child for emigra-
tion and adoption, and
‘‘(v) the prospective adoptive parent
or married husband and wife have com-
plied with any adoption requirements of
the child’s proposed State of residence,
except, that no birth parent or former adoptive par-
ent of any such adopted child shall thereafter, by
virtue of such parentage, be accorded any right,
privilege, or status under this Act.’’.
(b) APPROVAL OF PETITIONS.—Section 204(d) of the
Immigration and Nationality Act (8 U.S.C. 1154(d)) is
amended—
(1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’;
and
(2) by adding at the end the following new
paragraph:
‘‘(2) No petition may be approved under subsection
(a) on behalf of an alien child who seeks to be accorded
immediate relative status as a child defined under section
101(b)(1)(G), unless the Secretary of State has certified
to the Attorney General that the central authority of the
child’s country of origin has notified the United States
Central Authority under the Convention on Protection of
Children and Co-operation in Respect of Intercountry
Adoption done at The Hague on May 29, 1993, that a
United States citizen domiciled 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, in accordance with the Convention and the
Intercountry Adoption Act.’’.
(c) CONFORMING AMENDMENT.—Section 101(b)(2)
of that Act (8 U.S.C. 1101(b)(2)) is amended by inserting
‘‘and paragraph (1)(G) (other than for purposes of the
exception therein)’’ after ‘‘second proviso therein)’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to petitions for classi-
fication under section 204 of the Immigration and Nation-
ality Act filed on or after the date of enactment of this
Act.
SEC. 303. ADOPTIONS OF CHILDREN EMIGRATING FROM
THE UNITED STATES.
(a) COVERED CASES.—This section shall apply in any
case in which a child residing in the United States is
sought for adoption in any other Convention country.
(b) RESPONSIBILITIES OF ACCREDITED PERSONS.—
In any case described in subsection (a), the accredited per-
son that is providing adoption services in such a case, or
the prospective adoptive parents acting on their own be-
half, if permitted by the laws of the Convention country
in which they reside and the laws of the State in which
the child resides, shall have the following responsibilities:
(1) Provide a written documentation of the fol-
lowing:
(A) A background study on the child that
meets the standards of the State court with ju-
risdiction over the child has been completed.
(B) The child will be adopted by a married
man and woman.
(C) Twelve months have elapsed since the
person made efforts to place the child in the
United States.
(D) A determination has been made, in ac-
cordance with section 107 of Public Law 105–
89 that the child cannot be placed in the
United States.
(E) A determination has been made that
placement with the prospective parents is in the
best interests of the child.
(2) Furnish to State courts with the jurisdic-
tion over adoption cases described in subsection (a)
the following information and documents:
(A) Documentation of the matters de-
scribed in paragraph (1).
(B) The background report (home study)
on the prospective adoptive parent or parents
prepared in accordance with the laws of the re-
ceiving country.
(C) A background report compatible with
the laws of the State with jurisdiction.
(D) A declaration by the central authority
(or other competent authority) of the receiving
country—
(i) 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
(ii) that the central authority or other
competent authority of the receiving coun-
try consents to the adoption, if such con-
sent is necessary under its laws.
(3) Furnish to the Secretary of State—
(A) official copies of State court orders
certifying the final adoption or grant of custody
for the purpose of adoption;
(B) the information and documents de-
scribed in paragraph (2); and
(C) any other information concerning the
case required by the Secretary of State to per-
form the functions specified in subsection (d) or
otherwise to carry out its responsibilities under
the Convention.
(c) CONDITIONS
ON STATE COURT ORDERS.—An
order by a State court certifying an adoption as final or
granting custody for the purpose of adoption in a case de-
scribed in subsection (a) shall not be recognized by the
Secretary of State or the Attorney General for purposes
of intercountry adoption unless the court—
(1) has received and verified to the extent it
may find necessary—
(A) the information and documentation
specified in section (b)(2); and
(B) satisfactory evidence that the require-
ments of Article 4 and Articles 15 through 21
of the Convention have been satisfied; and
(2) has determined that the adoptive placement
is in the child’s best interests.
(d) RESPONSIBILITY
OF
THE
SECRETARY
OF
STATE.—In each case described in subsection (a), the Sec-
retary of State, upon receipt and verification as necessary
of the information and documents described in subsection
(b)(3), shall issue, as applicable, an official certification
that the child has been adopted or a declaration that cus-
tody for purposes of adoption has been granted, in accord-
ance with the Convention and this Act.
(e) REQUIREMENTS UNDER STATE LAW.—In cases
described in subsection (a), States may impose additional
responsibilities and requirements, not inconsistent with
the provisions of this section, upon accredited persons and
prospective adoptive parents acting on their own behalf.
SEC. 304. SPECIAL RULES FOR CERTAIN CASES.
To the extent consistent with the Convention, the
Secretary of State shall establish by regulation—
(1) alternative procedures for the adoption of
children by individuals related to them by blood or
marriage; and
(2) procedures permitting exceptions to applica-
ble requirements, and waiving penalties for non-
compliance, in the case of unintentional or harmless
failures to comply with the requirements of the Con-
vention, this Act, or implementing regulations issued
under this Act.
SEC. 305. VOIDING OF ADOPTIONS FOR CAUSE.
(a) VOIDING ADOPTIONS BY STATE COURTS.—In ad-
dition to any remedies available under State law, a final
decree entered with respect to a Convention adoption may
be vacated by a State court if—
(1) the decree was granted by a State court;
(2) the court finds clear and convincing evi-
dence that—
(A) the consent of a birth parent or, in the
absence thereof, the consent of a biological rel-
ative if required by State law, to termination of
parental rights or to the adoption was not ob-
tained, or was obtained as a result of fraud, du-
ress, or improper inducement; or
(B) consent of an adoptive parent to the
adoption was obtained by fraud which such par-
ent did not and could not reasonably have been
expected to discover;
(3) voiding the adoption is in the best interests
of the child, taking into consideration the wishes of
the child as appropriate given his or her age;
(4) less than two years have passed since the
adoptive parents obtained custody of the child; and
(5) the adoptive parents are afforded an oppor-
tunity to be heard in the proceeding.
(b) RECOGNITION
OF ANY OTHER CONVENTION
COUNTRY’S PROCEEDING VACATING ADOPTIONS COV-
ERED BY THE CONVENTION.—Whenever the competent
authorities of any other Convention country notify the
Secretary of State that—
(1) the authorities have vacated an adoption de-
cree originally made in that country pursuant to the
Convention; and
(2) the decree has been vacated in accordance
with the standards established in paragraphs (2)
through (5) of subsection (a),
the decision to void such a decree shall be recognized as
valid and given full effect in the United States.
(c) VOIDING OF ADOPTION NOT VOIDING CHILD’s
NATURALIZATION.—If a court of competent jurisdiction
voids an adoption decree in accordance with subsection (a)
or (b), such action does not void or prohibit the naturaliza-
tion of the child as a citizen of the United States. Nothing
in this subsection limits the Attorney General’s authority
under title III of the Immigration and Nationality Act to
revoke the naturalization of such a child or to limit the
Attorney General’s discretion to consider a finding of fact
by a State court that is relevant to such a determination.
SEC. 306. RECOGNITION OF CONVENTION ADOPTIONS BE-
FORE ENTRY INTO FORCE OF CONVENTION
FOR THE UNITED STATES.
Subject to Article 24 of the Convention, any adoption
concluded between two Convention countries that satisfies
the requirements of Article 23 of the Convention and that
became final before the date of entry into force of the Con-
vention for the United States shall be recognized there-
after in the United States and given full effect. Such rec-
ognition shall include the specific effects described in Arti-
cle 26 of the Convention.
TITLE IV—ADMINISTRATION
AND ENFORCEMENT
SEC. 401. RECORDS; PRIVACY PROVISIONS.
(a) MAINTENANCE
OF
CONVENTION
ADOPTION
RECORDS.—The Secretary of State and the Attorney Gen-
eral shall establish procedures consistent with the require-
ments of Articles 30 and 31 of the Convention for the
retention and identification of Convention adoption
records.
(b) DISCLOSURE OF AND ACCESS TO IDENTIFYING
INFORMATION.—
(1) CONSENT REQUIRED.—Except as provided
in subsection (d), identifying information contained
in Convention adoption records shall not be dis-
closed.
not be disclosed to any person pursuant to section 552
of title 5, United States Code.
(d) DISCLOSURE FOR PURPOSES OF ADMINISTRA-
TION OF THE CONVENTION.—Information in Convention
adoption records may be disclosed by the Department of
State, any official of the United States exercising central
authority functions, any accredited person if necessary to
administer the Convention or this Act.
(e) IDENTIFYING INFORMATION DEFINED.—In this
section, the term ‘‘identifying information’’ means any in-
formation contained in an adoption record other than in-
formation relating to the health, social, or genetic back-
ground of the child, and which does not specifically iden-
tify the child, as prescribed by the Secretary of State and
the Attorney General.
SEC. 402. DOCUMENTS OF OTHER CONVENTION COUN-
TRIES.
Documents originating in any other Convention coun-
try and related to a Convention adoption case shall require
no authentication or legalization in order to be admissible
in any Federal, State, or local court in the United States,
unless a specific and supported claim is made that the doc-
uments are false, have been altered, or are otherwise unre-
liable.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS; COLLEC-
TION OF FEES.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated such sums as may be necessary to
agencies of the Federal Government implementing
the Convention and the provisions of this Act.
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to paragraph (1) are authorized to
remain available until expended.
(b) ASSESSMENT OF FEES.—
(1) The Secretary of State may charge a fee
prescribed by regulation to cover the costs of new or
enhanced services that will be undertaken by the De-
partment of State to meet the requirements of this
Act.
(2) Fees collected under paragraph (1) shall be
deposited as an offsetting collection to any Depart-
ment of State appropriation to recover the costs of
providing such services.
(3) The provisions of the Act of August 18,
1856 (Revised Statutes §§ 1726–28; 22 U.S.C.
§§ 4212–14), concerning accounting for consular
fees, shall not apply to fees collected under this sub-
section.
(4) Fees authorized under this section shall be
collected and available for obligation only to the ex-
tent and in the amount provided in advance in ap-
propriations Acts.
(c) RESTRICTION.—No funds may be made available
to an accrediting entity to carry out the purposes of this
Act.
SEC. 404. ENFORCEMENT.
(a) CIVIL PENALTIES.—Any person that—
(1) provides adoption services in the United
States to facilitate a Convention adoption without
appropriate accreditation in accordance with title II,
(2) makes a false or fraudulent statement or
misrepresentation of material fact, or offers, gives,
solicits or accepts improper inducement intended to
influence or affect—
(A) decisions concerning the accreditation
of persons to perform adoption services and
central authority functions under this Act,
(B) the relinquishment of parental rights
or parental consent relating to the adoption of
a child within the scope of this Act, or
(C) the decisions or actions of persons and
entities performing central authority functions
pursuant to the Convention and this Act,
(3) makes a disclosure of information not au-
thorized by section 401(d) or to a person not author-
ized to receive the information under that section, or
(4) engages in coercive action to gain consent
to termination of parental rights or to adoption,
shall be subject, in addition to any other penalties that
may be prescribed by law, to a civil money penalty of not
more than $5,000 for a first violation, and not more than
$10,000 for each succeeding violation.
(b) ENFORCEMENT.—
(1) COORDINATION
WITH
ATTORNEY
GEN-
ERAL.—The Secretary of State may impose a civil
money penalty under subsection (a) pursuant to
such procedures as may be agreed upon by the Sec-
retary and the Attorney General.
(2) NOTICE AND HEARING.—No penalty shall
be assessed under this section until the person
charged has been given written notice and an oppor-
tunity to respond.
(3) FACTORS CONSIDERED IN IMPOSING PEN-
ALTY.—In determining the amount of the penalty,
the gravity of the violation, the degree of culpability,
and the history of prior violations, if any, shall be
considered.
(c) CRIMINAL PENALTIES.—Whoever knowingly and
willfully commits a violation specified in subsection (a)(2)
shall be subject to a fine of not more than $10,000, or
imprisonment for not more than one year, or both.
TITLE V—GENERAL PROVISIONS
SEC. 501. RELATION TO OTHER LAWS.
(a) LIMITED PREEMPTION.—No provision of Fed-
eral, State, or local law shall be considered preempted by
the Convention, this Act, or implementing regulations un-
less specified in this Act.
(b) INDIAN CHILD WELFARE ACT.—Nothing in this
Act or in the Convention is inconsistent with or modifies
the provisions of the Indian Child Welfare Act (25 U.S.C.
1901 et seq.) concerning custody and placement of chil-
dren subject to that Act.
(c) STATE LICENSING LAWS.—Nothing in the Con-
vention or this Act precludes any State from requiring
that a person or entity be licensed by the State as a condi-
tion of providing adoption-related services.
SEC. 502. NO PRIVATE RIGHT OF ACTION.
Nothing in the Convention or this Act creates a pri-
vate right of action to seek administrative or judicial relief,
except to the extent specifically provided.
SEC. 503. EFFECTIVE DATE; TRANSITION PROVISIONS.
(a) EFFECTIVE DATE.—
(1) PROVISIONS
EFFECTIVE
UPON
ENACT-
MENT.—Except as provided in paragraph (2), this
Act shall take effect upon its date of enactment.
(2) PROVISIONS
EFFECTIVE
UPON
THE
CON-
VENTION’S ENTRY INTO FORCE.—Subject to the pro-
visions of subsection (b), sections 104, 202, 402,
and 404 and titles III and IV shall take effect upon
the date of entry into force of the Convention for the
United States pursuant to Article 46(2)(a) of the
Convention, and shall govern Convention adoptions
made final thereafter.
(b) TRANSITION PROVISIONS.—
(1) ADOPTIONS
IN
PROCESS
ON
EFFECTIVE
DATE.—The Convention and this Act shall not
apply—
(A) in the case of a child immigrating to
the United States, if the application for advance
processing of an orphan petition or petition to
classify an orphan as an immediate relative for
such child is filed before the effective date spec-
ified in subsection (a); or
(B) in the case of a child emigrating from
the United States, if the prospective adoptive
parents initiated the adoption process in their
country of residence with the filing of an appro-
priate application before the effective date of
this Act.
Æ