(2) by striking ‘‘section 101(b)(1)(F)’’ and in-
serting ‘‘subparagraph (F) or (G) of section
101(b)(1)’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) Notwithstanding the provisions of subsections
(a) and (b), no petition may be approved on behalf of a
child defined in section 101(b)(1)(G) unless the Secretary
of State has certified that the central authority of the
child’s country of origin has notified the United States
central authority under the convention referred to in such
section 101(b)(1)(G) that a United States citizen habit-
ually resident in the United States has effected final adop-
tion of the child, or has been granted custody of the child
for the purpose of emigration and adoption, in accordance
with such convention and the Intercountry Adoption Act
of 2000.’’.
(c) DEFINITION OF PARENT.—Section 101(b)(2) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(b)(2)) is amended by inserting ‘‘and paragraph
(1)(G)(i)’’ after ‘‘second proviso therein)’’.
SEC. 303. ADOPTIONS OF CHILDREN EMIGRATING FROM
THE UNITED STATES.
(a) DUTIES OF ACCREDITED AGENCY OR APPROVED
PERSON.—In the case of a Convention adoption involving
the emigration of a child residing in the United States
to a foreign country, the accredited agency or approved
person providing adoption services, or the prospective
adoptive parent or parents acting on their own behalf (if
permitted by the laws of such other Convention country
in which they reside and the laws of the State in which
the child resides), shall do the following:
(1) Ensure that, in accordance with the
Convention—
(A) a background study on the child is
completed;
(B) the accredited agency or approved
person—
(i) has made reasonable efforts to ac-
tively recruit and make a diligent search
for prospective adoptive parents to adopt
the child in the United States; and
(ii) despite such efforts, has not been
able to place the child for adoption in the
United States in a timely manner; and
(C) a determination is made that place-
ment with the prospective adoptive parent or
parents is in the best interests of the child.
(2) Furnish to the State court with jurisdiction
over the case—
(A) documentation of the matters de-
scribed in paragraph (1);
(B) a background report (home study) on
the prospective adoptive parent or parents (in-
cluding a criminal background check) prepared
in accordance with the laws of the receiving
country; and
(C) a declaration by the central authority
(or other competent authority) of such other
Convention 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 such other
Convention country consents to the adop-
tion, if such consent is necessary under the
laws of such country for the adoption to
become final.
(3) Furnish to the United States central
authority—
(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), to the extent required
by the United States central authority; and
(C) any other information concerning the
case required by the United States central au-
thority to perform the functions specified in
subsection (c) or otherwise to carry out the du-
ties of the United States central authority
under the Convention.
(b) CONDITIONS ON STATE COURT ORDERS.—An
order declaring an adoption to be final or granting custody
for the purpose of adoption in a case described in sub-
section (a) shall not be entered unless the court—
(1) has received and verified to the extent the
court may find necessary—
(A) the material described in subsection
(a)(2); and
(B) satisfactory evidence that the require-
ments of Articles 4 and 15 through 21 of the
Convention have been met; and
(2) has determined that the adoptive placement
is in the best interests of the child.
(c) DUTIES OF THE SECRETARY OF STATE.—In a
case described in subsection (a), the Secretary, on receipt
and verification as necessary of the material and informa-
tion described in subsection (a)(3), shall issue, as applica-
ble, an official certification that the child has been adopted
or a declaration that custody for purposes of adoption has
been granted, in accordance with the Convention and this
Act.
(d) FILING
WITH
REGISTRY
REGARDING
NON-
CONVENTION ADOPTIONS.—Accredited agencies, approved
persons, and other persons, including governmental au-
thorities, providing adoption services in an intercountry
adoption not subject to the Convention that involves the
emigration of a child from the United States shall file in-
formation required by regulations jointly issued by the At-
torney General and the Secretary of State for purposes
of implementing section 102(e).
TITLE IV—ADMINISTRATION
AND ENFORCEMENT
SEC. 401. ACCESS TO CONVENTION RECORDS.
(a) PRESERVATION OF CONVENTION RECORDS.—
(1) IN
GENERAL.—Not later than 180 days
after the date of the enactment of this Act, the Sec-
retary, in consultation with the Attorney General,
shall issue regulations that establish procedures and
requirements in accordance with the Convention and
this section for the preservation of Convention
records.