Hague Convention Implementation Legislation: Comparison of H.R. 2909, S. 682, and Administration Draft

Hague Convention Implementation Legislation: Comparison of H.R. 2909, S. 682, and Administration Draft

Order Code RL30342
CRS Report for Congress
Received through the CRS Web
Hague Convention Implementation Legislation:
Comparison of H.R. 2909, S. 682,
and Administration Draft
October 18, 1999
name redacted
Legislative Attorney
American Law Division
Congressional Research Service ˜ The Library of Congress

Hague Convention Implementation Legislation:
Comparison of H.R. 2909, S. 682,
and Administration Draft
Summary
The Hague Convention on Protection of Children and Co-operation in Respect
of Intercountry Adoption (“Convention”) establishes uniform standards and
procedures for the international adoption of children. The United States became a
signatory to the Convention on March 31, 1994. In order to implement the
provisions of the Convention, each signatory nation must enact domestic legislation
to fulfill the treaty requirements. At the present time, several different versions of
the implementing legislation are being considered: H.R. 2909, the “Intercountry
Adoption Act of 1999;” S. 682, the “Intercountry Adoption Convention
Implementation Act of 1999;” and the companion bill to S. 682, H.R. 2342. In
addition, a draft bill entitled “Intercountry Adoption Act” which is known as the
“Administration bill” was prepared by the State Department and transmitted to the
President in June 1998. It has not been introduced. This report compares and
analyzes certain provisions of H.R. 2909, S. 682. and the Administration bill.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Comparison and Analysis of Three Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Hague Convention Implementation
Legislation: Comparison of H.R. 2909,
S. 682, and Administration Draft
Introduction
Interest is currently focusing on legislation which would implement certain
requirements of the Hague Convention on Protection of Children and Co-operation
in Respect of Intercountry Adoption (“Convention”). The United States became a
signatory to the Convention on March 31, 1994. The Convention was transmitted to
the Senate for its advice and consent on June 11, 1998.1 The purpose of the
Convention is to establish uniform standards and procedures for the international
adoption of children. Through the establishment of such uniform procedures, the
Convention will attempt to protect the rights and interests of the adoptive children,
the birth parents, and the adoptive parents involved in intercountry adoptions. The
Convention mandates that each signatory country establish a national Central
Authority. The Central Authority is to oversee the Convention’s implementation in
the signatory country.2 The Convention has three primary features. First, it
reinforces the protection of children’s rights concerning international adoption.
Second, it establishes a mechanism for the cooperation of signatory countries in the
areas of international adoption. Third, it ensures the recognition of adoptions
undertaken and certified through the Convention provisions.
To be able to implement the provisions of the Convention, each signatory
country must enact domestic legislation which will fulfill the treaty requirements.
Three different versions of the implementing legislation are being considered. H.R.
2909, the Intercountry Adoption Act of 1999 (“House bill”) was introduced by
Representative Gilman on September 22, 1999.3 S. 682, the Intercountry Adoption
1 On June 11, 1998, the Convention was read for the first time in the Senate, and together
with the accompanying papers, was transferred to the Senate Committee on Foreign
Relations. See S. Treaty Doc. 105-51, 105th Cong., 2d Sess. (1998). The Senate did not take
action on the Convention in the 105th Congress. It is anticipated that the Convention
ratification process will occur simultaneously with the consideration of the implementing
legislation.
2 See, Treaty Doc. 105-51 at v-xv for a summary of the provisions of the Convention.
3 The bill has been referred to the House International Relations Committee, the House
Judiciary Committee, the House Education and Workforce Committee, and the House
Subcommittee on Immigration and Claims. Hearings on the bill are scheduled for October
20, 1999, before the House International Relations Committee. The bill is expected to be
sequentially referred to the House Ways and Means Committee (pursuant to executive
(continued...)

CRS-2
Convention Implementation Act of 1999 (“Senate bill”) was introduced on March 23,
1999 by Senator Helms.4 A companion bill to S. 682 — H.R. 2342 — was
introduced by Representative Burr on June 24, 1999.5 As the provisions of H.R.
2342 are identical to those of S. 682, H.R. 2342 will not be examined independently.
A draft bill, entitled the Intercountry Adoption Act (Administration bill) was drafted
by the U.S. State Department and was transmitted to the President in June 1998. The
bill has not been introduced and its future is uncertain.
Comparison and Analysis of Three Bills
This report provides a comparison of certain selected provisions contained in
the different versions of the legislation.6 The following chart compares and contrasts
the various subject provisions in the three pieces of legislation.
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
1. The Accrediting
Sec. 203(a)(1)
Sec. 202(a)(1)
Sec. 201
Entit(ies)
The Secretary of
The Secretary of
The Secretary of
Health and Human
State shall
Health and Human
Services, with the
designate
Services, in
concurrence of the
accrediting entities.
coordination with the
Secretary of State,
Secretary of State,
is authorized to
shall carry out the
enter into
accreditation process.
agreements with
qualified entities.
3 (...continued)
communication from the Speaker’s table, Communication 02856, July 1, 1999).
4 The bill was referred to the Foreign Relations Committee. To date, the bill has not
emerged from Committee. The Committee held hearings on the bill on October 5, 1999.
5 The bill was referred to the House International Relations Committee, the House Judiciary
Committee, and the House Immigration and Claims Subcommittee. To date, it has not
emerged from Committee consideration.
6 The subject topics which are considered in this report were determined through discussions
between CRS staff and Congressional staff. A determination was made to analyze the
eleven subject areas which are discussed below. The bills contain various other topics
which could be the subject of comparison and analysis.

CRS-3
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
2. Roles of
Sec. 101(a)(2)
Sec. 101(a)(2)
Sec. 101
Government
Same
Officials;
Secretary of State
The Secretary of State
shall serve as head
Sec. 101(b)
shall establish or
Responsibilities in
of the Central
State Department
designate an office
the accreditation
Authority of the
personnel
within the Department
and/or approval
United States.
performing Central
of State as the United
process
Authority functions
States Central
are required to have
Authority, which shall
3-5 years of
perform such Central
experience in
Authority functions as
international
the Secretary of State
adoptions.
may delegate to it.
————————
————————
————————
Sec. 102
Sec. 102
—
Sec. 102
Responsibilities of
Nearly identical
the Secretary of
language.
Secretary of State
State: liaison,
responsible for U.S.
information
performance of
exchange, other
Central Authority
responsibilities,
functions.
establish a case
registry (with
Sec. 103
Attorney General)
Secretary of State
Sec. 103
Sec. 104
shall have
responsibility for
Responsibilities of
Same language.
liaison, information
Attorney General:
exchange, and other
concerning filing of
responsibilities.
applications by
prospective
Sec. 105
adoptive parents.
Secretary of State
shall monitor
individual adoptions;
establish adoption
registry in
coordination with
Secretary of HHS and
the Commissioner of
the Immigration and
Naturalization
Service.

CRS-4
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
2. (Cont.) Roles of
Sec. 104(a)
Sec. 105(a)
No annual report
Government
requirement.
Officials;
Annual report to
Annual report to
Congress shall be
Congress shall be
Responsibilities in
prepared by the
prepared by the
the accreditation
Secretary of State,
Secretary of State;
and/or approval
in consultation with
more information
process
the Secretary of
required in the
Health and Human
report than required
Services, the
in the report
Attorney General
required by the
and other
House bill.
appropriate
agencies.
————————
————————
—————————
Sec. 201
Sec. 202(a)
Sec. 201
The Secretary of
The Secretary of
The Secretary of HHS,
Health and Human
State shall
in coordination with
Services in
designate
the Secretary of State,
coordination with
accrediting entities.
shall carry out the
the Secretary of
functions prescribed
State, shall carry
The Senate bill
by the Convention
out accreditation of
does not contain
with respect to the
agencies and
provisions for the
accreditation of
approval of persons
approval process.
agencies and approval
to provide adoption
of other persons to
services in the U.S.
provide adoption
in Convention
(No responsibility
services, and such
adoptions.
for the Secretary of
other functions under
Health and Human
the Convention as
Sec. 203(a)(1)
Services).
may be provided for in
this Act or in
The Secretary of
implementing
HHS, with the
regulations.
concurrence of the
Secretary of State,
Sec. 204
shall enter into
accreditation/approval
agreements with
various entities to
Similar to language in
perform adoption-
Sec. 203(a)(1) of
related services.
House bill.

CRS-5
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
2. (Cont.) Roles of
Sec. 203(d)
Government
Officials;
Fees — see
Fees — see
Fees — see discussion
discussion below
discussion below
below (Item 7).
Responsibilities in
(Item 7).
(Item 7).
the accreditation
————————
————————
—————————
and/or approval
Sec, 204(a)(1)
Sec.203(a)(1)
Sec. 203(a)(1)
process
The Secretary of
The Secretary of
The Secretary of HHS,
HHS, with
State shall establish
with the concurrence
concurrence of
by regulation
of the Secretary of
Secretary of State,
standards and
State, shall establish
shall prescribe
procedures to be
by regulation
standards and
used by accrediting
standards and
procedures for
entities for the
procedures for
agency
accreditation of
accreditation of
accreditation or
persons for the
agencies, and approval
approval of persons
purpose of
of other persons, to
to provide adoption
arranging
perform functions
services.
Convention
under the Convention
adoptions.
regarding Hague
adoptions.
————————
————————
—————————
Sec. 205
Sec. 204
Sec. 205
The Secretary of
The Secretary of
Similar to House bill.
HHS to monitor,
State to monitor,
suspend, or cancel
suspend, or cancel
the designation of
the designation of
an accrediting
an accrediting
entity, if the entity
entity, if the entity
is substantially out
is substantially out
of compliance.
of compliance.
The Secretary of
The Secretary of
HHS may suspend
State may
or cancel the
temporarily or
accreditation or
permanently debar
approval of an
a person from
agency or person if
accreditation.
the agency or
(There is no
person is
remedial action
substantially out of
against an
compliance, and
accredited person
the accrediting
short of
entity has failed or
debarment.)

CRS-6
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
2. (Cont.) Roles of
refused to take
Government
appropriate
Officials;
corrective action.
If deficiencies are
Responsibilities in
corrected, the
the accreditation
Secretary may have
and/or approval
the suspension
process
restored.
The Secretary of
HHS may
temporarily or
permanently debar
an agency or person
from accreditation
or approval.
————————
————————
—————————
No separate report
No separate report
Sec. 206
on disruptions; part
on disruptions; part
of annual report.
of annual report.
Secretary of HHS and
See Sec. 104.
See Sec. 105
Secretary of State to
monitor and study
adoption disruptions.
————————
————————
—————————
Sec. 301
Sec. 301
Sec. 301
Secretary of State
Similar.
Similar.
to issue certificates
to adoptive citizen
parent that adoption
was granted; or that
legal custody of
child has been
granted to the
parent for purposes
of emigration and
adoption.
————————
————————
—————————
Sec. 302(a)(3)
Similar.
Similar.
Requires Attorney
Sec. 302(b)
General’s oversight
contains
that proper care
requirement for
will be furnished to
Secretary of State
a child if admitted
to certify to the
to the United
Attorney General of

CRS-7
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
2. (Cont.) Roles of
Sec. 303(c)
Sec. 303(d).
Sec. 303(c)
Government
Officials;
The Secretary of
Similar.
Similar.
State shall issue a
Responsibilities in
certificate dealing
the accreditation
with the adoption
and/or approval
of a child
process
emigrating.
———————— ———————— —————————
Sec. 304(b)
Sec. 305(b)
Sec. 305(b)
Establishes record
Similar.
Similar.
keeping and
notification
responsibilities of
the Secretary of
State concerning
vacating of
Convention
adoptions.
Sec. 304(c)
Sec. 305(c)
Sec. 305(c)
Addresses Attorney
Similar.
Similar.
General’s authority
to revoke the
naturalization of
child and related
issues.
————————
————————
—————————
Sec. 401(a)(1)
Sec. 401(a)(1)
Sec. 401(a)(1)
Secretary of State,
Similar.
The Secretary of State
in consultation with
and the Commissioner
the Attorney
of the Immigration
General, shall issue
and Naturalization
regulations to
Service shall establish
establish
procedures for the
procedures and
retention and
requirements in
identification of
accord with the
Hague adoption
Convention for the
records.
preservation of
adoption records.

CRS-8
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
2. (Cont.) Roles of
Sec. 401(d)(2)
Sec. 401(e)
No similar provision.
Government
Officials;
Secretary of HHS,
Similar.
in consultation with
Responsibilities in
the Secretary of
the accreditation
State and the
and/or approval
Attorney General
process
shall issue
regulations
concerning
identifying and
confidential
information
regarding the child.
————————
————————
—————————
Sec. 404
Sec. 404
Sec. 404
The Secretary of
The Secretary of
The Secretary of HHS
HHS and the
State may impose a
and the Secretary of
Secretary of State
civil money penalty
State are to coordinate
are to coordinate
pursuant to such
with the Attorney
with the Attorney
procedures as may
General regarding the
General regarding
be agreed upon by
imposition of money
the imposition of
the Secretary and
penalties for statutory
money penalties for
the Attorney
violations.
statutory violations.
General.
————————
————————
—————————
Sec. 502
See, Sec. 304
See, Sec. 304.
The Secretary of
Sec. 304 similar.
Sec. 304 similar; not
State may establish
as comprehensive.
by regulation
alternative
procedures for the
adoption of
individuals related
by blood or
marriage, in cases
subject to the
Convention.
The Secretary of
State is also given
waiver authority for
provisions of the
legislation and

CRS-9
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
3. Annual Report
legislation and
Requirement
regulations in the
interest of justice or
to prevent grave
physical harm to
the child.
________________
________________
__________________
Sec. 104
Sec. 105
No comparable
provision.
Secretary of State,
Similar provision;
in consultation with
however, sole
Secretary of HHS
responsibility of
and Attorney
Secretary of State;
General, is required
and additional
to submit an annual
reporting
report to Congress
requirements.
concerning various
issues of
intercountry
adoptions.

CRS-10
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
4. Conforming
Sec. 302
Sec. 302
Sec. 302
amendments to the
Immigration and
Subsection (a)
Similar language.
Similar language.
Naturalization Act
amends section
101(b) of the
Immigration and
Nationality Act
(INA) to add
children adopted in
Hague Convention
countries, or
emigrating from
such countries for
purposes of their
adoption in the
United States, as
new categories of
children who may
be classified as
immediate relatives
of U.S. citizens for
immigration
purposes. These
children would not
need to meet the
definition of
“orphan” under the
INA, but other
requirements of
current law would
continue to apply,
including those
relating to age and
U.S. citizenship of
the adoptive
parents.
Subsection (b)
amends section
204(d) of the INA
to provide that, in
the case of a
Convention
adoption, an
immigrant visa
shall not be issued

CRS-11
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
to a child as an
immediate relative
of the prospective
adoptive parent
unless the Secretary
of State has
certified that the
central authority of
the child’s country
of origin has given
notice that the child
has been adopted,
or custody for
purposes of
adoption has been
granted, in
accordance with the
Convention.
Subsection (c) is a
conforming
amendment to the
definition of
“parent” under the
INA.
5. Definition of
Sec. 303(a)
Sec. 303(b)
Sec. 303(b)
adoptive parent(s)
for children
“...prospective
The child will be
emigrating from the
adoptive parent or
adopted by a
“...prospective
United States
parents....”
married man and
adoptive parent or
woman. Also:
parents....”
“...prospective
adoptive
parents....”

CRS-12
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
6. Waiting period
Sec. 303(a)(1)(B)
Sec. 303(b)
No provision
to adopt children
emigrating from the
A determination
(C) Twelve months
United States
must be made that
have elapsed since
the child cannot
the person made
expeditiously be
efforts to place the
placed for adoption
child in the United
in the United
States.
States.
7. Fees
Sec. 203(d)
Sec. 202(d)
Sec. 204(d)
Accrediting entity
Accrediting entities
Accrediting entities
may assess fees
authorized to assess
are authorized to
against agencies
fees in amounts
assess fees against
and persons
approved by Sec. of
agencies and persons
seeking
State against
seeking/maintaining
accreditation/
persons seeking or
accreditation/approval
approval; Secretary
maintaining
in amounts approved
of HHS may
accreditation.
by the Secretary.
approve fees if
Certain standards
certain conditions
are set. An
Availability — Fees
are met;
accrediting entity
remitted to the
accrediting entity is
shall not provide
Secretary of HHS
to collect fees,
discounted fees for
shall be credited to the
remit certain
certain persons for
appropriate current
amounts collected
accreditation for
account of the
to Secretary of
purposes of
Secretary and be
HHS. Secretary is
intercountry
available only for
to deposit in
adoption.
activities under the
Treasury of the
Act. Such amounts
U.S. all amounts
shall remain available
remitted.
until expended.

CRS-13
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
7. (Cont.) Fees
Sec. 403(b)
Sec. 403(b)
Sec. 403(b)
Secretary of State
Similar provisions.
Similar provisions.
may charge a fee to
cover costs of new
However, Sec.
or enhanced
403(c) provides the
services that will be
restriction that no
undertaken to meet
funds may be made
the Act’s
available to an
requirements. Such
accrediting entity to
fees will be
carry out the
retained and
purposes of this
deposited as an
Act.
offsetting
collection to any
State Dept.
appropriation to
recover the costs of
providing services.

CRS-14
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
8. Privacy Issues
Sec. 402(b)
Sec. 401(b)
Sec. 401(b)
Certain information
(1) Identifying
(1) Except for
from Convention
information in
administrative
adoption records
Convention
purposes, identifying
may not be
adoption records
information shall not
disclosed, except as
shall not be
be disclosed, unless
authorized by this
disclosed except for
the person to whom
Act or State law of
administrative
the information
the State in which
purposes.
pertains consents in
the adoptive
writing to such
parents live at time
(2) Privacy Act
disclosure; or unless
of adoption;
application;
the person is
however, such
(A) an individual
deceased.
information may be
who has access to
disclosed among
records under the
(2) Privacy Act
the Attorney
Privacy Act, shall
application;
General, central
have that right only
(A) Same as Senate
authorities,
to the extent such
bill.
accredited
right is not
(B) Same as Senate
agencies, and
restricted by the
bill.
approved persons,
Act;
to the extent
(B) Disclosure of
Sec. 401(b)(3)
necessary to
adoption records
Other limitation to
administer the
shall be restricted
disclosure:
Convention or the
by the Privacy Act
(A) no disclosure to
Act.
and subject to
child under 18;
restrictions under
(B) disclosure to other
the Act;
persons subject to
(C) A child subject
discretion;
to a Convention
information may be
adoption record
disclosed at the
shall not have
discretion of the Sec.
access to such
of State or the
information unless
Commissioner of the
that child is at least
Immigration and
18.
Naturalization
Service.
________________ ________________
__________________
Sec. 404(c)
Sec. 401(c)
Sec. 401(c)
Freedom of
Information in
Freedom of
Information Act
records of State
Information
and Privacy Act,
Dept. and
exemption — similar
shall not apply to
Immigration and
provision.
disclosure of
Naturalization

CRS-15
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
8.(Cont.) Privacy
information in
concerning
issues
Convention
Convention
adoption records.
adoptions shall not
be subject to
disclosure under
the Freedom of
Information Act
________________
________________
__________________
No similar
Sec. 401(d)
Sec. 401(d)
provision.
Information from
Similar provision.
Convention
adoption records
may be disclosed
by State
Department, any
U. S. official
exercising Central
Authority
functions, and any
accredited person if
necessary to
administer the
Convention or Act.
________________
________________
__________________
Sec 404(d)
Sec. 401(e)
Sec. 2(k)
Identifying
Identifying
Identifying
information is
information means
information means
defined broadly;
adoption record
any information in a
does not include
information other
Hague adoption
health, social or
than health, social,
record that could
genetic background
or genetic
identify a prospective
of an individual if
background of the
adoptive parent,
no reasonable basis
child which does
adoptive parent, birth
to believe that such
not identify the
parent or grandparent,
information would
child. Regulations
or sibling related by
be used to identify
to be prescribed by
blood of a child who
the child, birth
Secretary of HHS,
is or has been the
parent, or other
in consultation with
subject of a Hague
birth relative. Sec.
Secretary of State
adoption.
of HHS, in
and Attorney
consultation with
General.
Sec. of State and
Attorney General to
issue regulations.

CRS-16
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
9. Provisions
Sec. 501.
Sec. 501.
Sec. 502.
dealing with State
RELATION TO
RELATIONSHIP TO
law
(a) PREEMPTION
OTHER LAWS.
OTHER LAWS.
OF
INCONSISTENT
(a) LIMITED
(a) LIMITED
STATE LAW. —
PREEMPTION. —
PREEMPTION. —
The Convention
No provision of
No provision of
and this Act shall
Federal, State, or
Federal, State, or local
not be construed to
local law shall be
law shall be
preempt any
considered
considered preempted
provision of the
preempted by the
by this Convention,
law of any State or
Convention, this
this Act, or
political
Act, or
implementing
subdivision thereof,
implementing
regulations unless
or prevent a State
regulations unless
clearly inconsistent
or political
specified in the
therewith.
subdivision thereof
Act.
from enacting any
. . . .
. . . .
provision of law

with respect to the
(c) STATE
(c) STATE
subject matter of
LICENSING
LICENSING LAWS
the Convention or
LAWS. — Nothing
—
this Act, except to
in the Convention
the extent that such
or Act precludes
Similar provision.
provision of State
any State from
law is inconsistent
requiring that a
with the
person or entity be
Convention or this
licensed by the
Act, and then only
State as a condition
to the extent of the
of providing
inconsistency.
adoption-related
services.

CRS-17
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
10. Enforcement
Sec. 404.
Sec. 404.
Sec. 404.
This section
Similar language,
Similar to Senate bill.
provides for civil
except civil money
money penalties of
penalties would be
not more than
not more than
$25,000 for a first
$5,000 for a first
violation and not
violation and not
more than $50,000
more than $10,000
for each subsequent
for each succeeding
violation against
violation. Criminal
any person who (1)
money penalties
provides adoption
would be not more
services in the
than $10,000.
United States in
connection with
Convention
adoptions without
proper accreditation
or approval; (2)
violates the privacy
provisions
contained in section
401 or any
regulation issued
under that section;
or (3) provides
false statements or
improper
inducements to
obtain consent to
adoption or the
relinquishment of
parental rights or to
influence a decision
of an accrediting
entity or any entity
performing a
central authority
function. The
section also
provides for
criminal penalties
or not more than
$50,000,
imprisonment for

CRS-18
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
10. (Cont.)
up to one year, or
Enforcement
both, for knowing
and willful
violations of
paragraphs (2) or
(3) of subsection
(a).
11. Recognition/
Sec. 301.
Sec. 301.
Sec. 301.
voiding of
adoptions
Provides that a
Similar.
Similar.
certificate from the
Secretary of State
shall be treated by
Federal and State
agencies, courts,
and other public
and private persons
and entities as
conclusive and
shall constitute the
certification
required under the
Immigration and
Nationality Act for
children
immigrating to the
U.S. Also provides
that a final
adoption in another
Convention
country, certified
by the Secretary of
State, shall be
recognized as a
final valid adoption
for purposes of all
Federal, State, and
local laws of the
U.S.

CRS-19
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
11. (Cont.)
Sec. 304.
Sec. 305.
Sec. 305.
Recognition/
voiding of
Prohibits a State
Similar, except that
Similar to Senate bill.
adoptions
court from vacating
State courts would
a final adoption
be permitted to
decree entered
vacate a final
pursuant to the
adoption decree
Convention unless
only if less than
the decree was
two years had
granted by a State
passed since the
court; the court
adoptive parents
finds that the
obtained custody of
required consent of
the child, and all
the birth parent or
other specified
biological relative
conditions were
was not obtained or
met.
was obtained
inappropriately, or
the adoptive
parent’s consent
was obtained by
fraud; voiding the
adoption is in the
child’s best
interests; and the
adoptive parents
have an opportunity
to be heard.
Provides that a
decision by another
Convention country
to vacate an
adoption decree
originally issued in
the country
pursuant to the
Convention shall be
recognized as valid
in the United States
upon receipt by the
Secretary of State
of notification that
the conditions
described above
were satisfied.

CRS-20
SUBJECT
HOUSE BILL
SENATE BILL
ADMINISTRATION
BILL
11. (Cont.)
The vacating of
Recognition/
an adoption
voiding of
decree in a case
adoptions
subject to the
Convention shall
not be construed
to void or
prohibit the
naturalization of
the child as a
U.S. citizen. This
provision shall
not be construed
to limit the
Attorney
General’s
authority under
the Immigration
and Nationality
Act to revoke the
child’s
naturalization.
______________
______________
_____________________
Sec. 501.
Sec. 306.
Sec. 501.
Provides for
Identical.
Identical.
recognition in the
U.S. of adoptions
concluded
between two
other Convention
countries that
meet the
requirements of
the Convention
and that became
final before the
date of entry into
force of the
Convention for
the U.S.

CRS-21
Conclusion
This chart has analyzed the differences and similarities between the various
legislative proposals to implement the provisions of the Hague Convention. The
most significant differences between the House bill, the Senate bill, and the
Administration other bills appear to be in the respective roles of the Secretary of
State and the Secretary of Health and Human Services, the definitions of adoptive
parents for children emigrating from the United States, the fee structure, and privacy
issues.

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