Intercountry Adoption Act of 2000 and International Adoptions

Intercountry Adoption Act of 2000 and International Adoptions

Order Code RL30979
CRS Report for Congress
Received through the CRS Web
Intercountry Adoption Act of 2000 and
International Adoptions
Updated March 29, 2006
name redacted
Legislative Attorney
American Law Division
Congressional Research Service ˜ The Library of Congress

Intercountry Adoption Act of 2000 and
International Adoptions
Summary
The Intercountry Adoption Act of 2000 (P.L. 106-279, Oct. 6, 2000, 114 Stat.
825, “Act”) provides the domestic legislation to enable the United States to
implement the provisions of the Hague Convention on Protection of Children and
Co-operation in Respect of Intercountry Adoption (“Convention”). At the same time
that Congress passed the implementing legislation, the Senate was reviewing the
Convention. Although the Senate approved the ratification of the Convention, the
Convention has not been formally ratified and has not entered into force in the United
States. The Department of State (“DOS”) has not given a definite date for the
completion of its duties pursuant to the Act and the Convention, but the DOS has
stated that the “Convention is expected to enter into force for the United States in
2007.” This report analyzes and summarizes the provisions of the Act. It also
examines related issues such as children emigrating from the United States,
immigration law amendments, and other issues.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Domestic Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
The International Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Summary of the Provisions of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Title I — United States Central Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Title II — Provisions Relating to Accreditation and Approval . . . . . . . . . . . . . . . 5
Title III — Recognition of Convention Adoptions in the United States . . . . . . . . 6
Title IV — Administration and Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Title V — General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Status of Hague Convention Implementation in the United States . . . . . . . . . . . . 8
Children Emigrating from the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Amendments to Immigration Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Administrative Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Countries Participating in the Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Intercountry Adoption Act of 2000 and
International Adoptions
Introduction
Domestic Legislation
The Intercountry Adoption Act of 2000 (“Act”)1 was signed into law by
President Clinton on October 6, 2000. The Act implements certain requirements of
the Hague Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption (“Convention”). In order to implement the provisions of the
Convention, each signatory country must enact domestic legislation in order to fulfill
the treaty obligations. To this end, the Act amends U.S. law so as to comply with the
requirements of the Convention. To be able to implement this domestic law, federal
regulations must be promulgated2 and administering bodies must be established.3
The United States Department of State (“DOS”) expects the Convention to enter into
force in the United States in 2007.4
During Congress’ consideration of the implementing legislation, four bills were
considered: H.R. 2909, the Intercountry Adoption Act of 1999;5 S. 682, the
Intercountry Adoption Implementation Act of 1999;6 H.R. 2342, a companion bill to
the Senate bill;7 and an “administration bill,” called the “Intercountry Adoption
Draft.”8 Various CRS products examine and compare the provisions of the various
pieces of legislation and also provide a detailed legislative history of the Act.
1 P.L. 106-279, Oct. 6, 2000, 114 Stat. 825.
2 See CRS Report RS21671, Hague Convention on Intercountry Adoption: Status and
Recent Developments, by (name redacted).
3 Id. at 4-5.
4 See [http://www.state.gov/r/pa/prs/ps/2006/61274.htm].
5 106th Cong., 1st Sess. (1999). The bill was popularly known as the “House bill” or the
“Gilman” bill.
6 106th Cong., 1st Sess. (1999). The bill was popularly known as the “Senate bill” or the
“Helms bill.”
7 106th Cong., 1st Sess. (1999). Little consideration was given to this bill, as it was the
companion bill to the Senate bill.
8 This bill was drafted by the U.S. State Department and transmitted to President Clinton in
June 1998. It was never formally introduced.

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The International 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,
1998.9 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 the
interests of adoptive children, the birth parents, and the adoptive parents involved in
intercountry adoptions. The Convention requires that each signatory country
establish a national Central Authority. The Central Authority is to oversee the
Convention’s implementation in the signatory country.10 The Convention has three
chief 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 area of international adoption. Third, it ensures the
recognition of adoptions undertaken and certified through the Convention process.
For the Convention to be fully operative in a participating country, there are
three basic steps which must be fulfilled. First, the country must sign the
Convention. Second, the country must have a domestic ratification, acceptance,
approval, or accession procedure. Third, the Convention enters into force in the
country “on the first day of the month following the expiration of three months after
the deposit of the third instrument of ratification, acceptance or approval referred to
in Article 43.”11
The United States Senate gave its advice and consent to the United States’
ratification of the Convention on September 20, 2000, the same day that it passed the
implementing legislation.12 However, the United States has not formally ratified the
Convention and the Convention has not entered into force. At the present time, the
DOS has not given a definite date for the completion of its duties but has stated on
its website that the “Convention is expected to enter into force for the United States
in 2007.”13 Although the implementing legislation was signed into law on October
6, 2000, various implementation procedures must be undertaken by the DOS and the
Immigration and Naturalization Service (“INS”) before the Convention is formally
ratified and subsequently enters into force in the United States.14
9 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.
10 See S. Treaty Doc. 105-51 at v-sv for a summary of the provisions of the Convention.
11 A full text of the Convention is available at the official Hague Conference website at
[http://www.hcch.net/index_en.php?act=conventions.text&cids=69). See Article 46 of the
Convention. Other information about the Convention and the various participating countries
is available on this website.
12 146 Cong. Rec. S8866-8867 (daily ed. Sept. 20, 2000).
13 See note 4.
14 See note 2.

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Some of the rationale underlying the Convention was summarized at the time
of the Senate’s ratification consideration. “This treaty is important for a very simple
reason — it will help facilitate international adoptions and provide important
safeguards for children and adoptive parents.”15 The interplay between the
Convention and the implementing legislation was discussed. “The Hague
Convention and the implementing bill also establish mechanisms for improved
governmental oversight for international adoptions — in order to guard against fraud
and other problems associated with such adoptions.”16
This report examines the various procedures that the State Department and the
INS must undertake before the United States is able to ratify the Convention. Other
issues are examined in the report such as children emigrating from the United States,
amendments to immigration law, and certain other issues. A brief section in the
report examines the operation and the organization of the Hague Conference on
Private International Law. The Member and non-Member countries which are
participating in the Convention, as of January 20, 2006, are listed.
Summary of the Provisions of the Act
Set out below is a summary of the provisions of the Act along with citations to
their location in the U.S. Code.
Section 1 sets out the title and the table of contents of the Act. The Act is to be
cited as the “Intercountry Adoption Act of 2000.”17
Section 2 states the congressional recognition of the Convention’s international
character and the need for international implementation of the Convention in the
United States and abroad. The purposes of the legislation are discussed: Convention
implementation, protection of the rights of the persons involved in the adoption
process, and the improvement of the federal government’s ability to assist American
citizens adopting abroad and residents of Convention countries seeking to adopt
American children.18
Section 3 provides an extensive definitional section which gives meanings for
the various terms used in the Act. Among the terms defined are: accredited agency,
accrediting entity, adoption service, agency, approved person, Attorney General,
central authority, central authority function, Convention, Convention adoption,
Convention record, Convention country, other Convention country, person, person
with an ownership or control interest, Secretary, and State.19
15 146 Cong. Rec. at S8866 (statement of Sen. Biden).
16 Id.
17 42 U.S.C. § 14901 note.
18 42 U.S.C. § 14901.
19 Id. at § 14902.

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Title I — United States Central Authority20
Section 101 deals with the designation of the Department of State as the United
States central authority and the Secretary of State (“Secretary”) as the head of the
central authority. The Secretary is authorized to issue regulations as necessary to
carry out the central authority functions on behalf of the United States
Section 102 sets forth the responsibilities of the Secretary which include liaison
responsibilities, information exchange, agency accreditation and approval
responsibilities, and certain other functions. The Secretary and the Attorney General
are to establish an international adoption registry, regardless of whether such
adoptions occur under the Convention or not. The Secretary may authorize public
or private entities to perform appropriate central authority functions, pursuant to
regulations or under agreements published in the Federal Register.
Section 103 deals with the responsibilities of the Attorney General. In addition
to the responsibilities conferred upon the Attorney General by the Act, the central
authority functions relating to the filing of applications by prospective adoptive
parents to the central authority of their country of residence (as specified in Article
14 of the Convention) are to be performed by the Attorney General.
Section 104 sets forth requirements for an annual report on intercountry
adoptions, to be prepared by the Secretary, in consultation with the Attorney General
and other appropriate agencies. Such a report will describe the activities of the
United States central authority during the preceding year. The report is to be made
to various Committees of the House and the Senate.21 Elements of the report are
described: number of adoptions involving immigration to the United States; number
of adoptions involving emigration from the United States; number of placements for
adoptions in the United States that were disrupted; average time required for a
Convention adoption; listing of accredited agencies and approved persons; names of
debarred persons or agencies; adoption fees charged with Convention adoptions
involving immigration to the United States; and range of fees charged for
accreditation of agencies and the approval of persons in the United States providing
adoption services under the Convention.
20 Id. at § 14911.
21 Id. The report is to be submitted to the Committee on International Relations, the
Committee on Ways and Means, and the Committee on the Judiciary of the House of
Representatives; and the Committee on Foreign Relations, the Committee on Finance, and
the Committee on the Judiciary of the Senate.

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Title II — Provisions Relating to
Accreditation and Approval
Section 201 sets out requirements for the accreditation or approval of agencies
or persons providing adoption services in cases which are subject to the Convention.
22 Adoption services in connection with a Convention adoption may only be offered
by persons accredited in accordance with the provisions of the bill. Limited
exceptions are made for certain background studies and home studies, child welfare
services, legal services, and prospective adoptive parents acting on their own behalf.
Section 202 deals with the process for accreditation and approval and the role
of the accrediting entities.23 This section outlines the process of designating
accrediting entities, the duties of such accrediting entities, and remedies for adverse
actions taken by accrediting entities. Fees assessed by accrediting entities are subject
to the approval of the Secretary.
Section 203 sets out the standards and procedures for regulations governing the
accreditation of agencies or the approval of persons to provide adoption services in
the United States in Convention adoptions.24 The Secretary shall consider the views
of persons knowledgeable of international adoptions and family social services.
Minimum requirements for accreditation are set forth which include specific
requirements;25 the capacity to provide adoption services; the use of social service
professionals; records, reports and information matters; liability insurance;
compliance with applicable rules; and nonprofit organizations providing adoption
services. Standards for the approval and for the renewal of accreditation of adoption
providers are given. Provision is made for the temporary registration of community-
based agencies. Various criteria for registration are provided.26
22 Id. § 14921.
23 Id. § 14922.
24 Id. § 14923.
25 The accreditation of any agency may not be provided or continued unless the agency has
met the following specific requirements: 1) adoption agency provides adoptive parents the
child’s medical records (in English translation) prior to adoption; 2) agency ensures that
background report (home study) on prospective adoptive parent(s) is completed in
accordance with applicable requirements and transmitted to the Attorney General with
respect to each Convention adoption; 3) agency provides prospective adoptive parents a
training program that includes counseling and guidance for a successful adoption; 4) agency
employs personnel providing intercountry adoption services on a fee for service basis, rather
than on a contingent fee basis; and 5) agency fully discloses its policies and practices,
disruption rates of intercountry placements, and all fees charged by such agency for
intercountry adoptions.
26 See Hague Country on Intercountry Adoption; Intercountry Adoption Act of 2000;
Accreditation of Agencies; Approval of Persons, 71 Fed. Reg. 8064 to 8161 (Feb. 15,
2006)(to be codified at 22 C.F.R. pt. 96)(effective March 17, 2006).

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Section 204 provides for the Secretarial oversight of the accreditation and
approval procedures.27 Provision is made for the suspension or the cancellation of
accreditation or approval for noncompliance. Persons/agencies who have been
subject to the suspension or cancellation provisions may correct their deficiencies and
re-apply for accreditation or approval. In addition to suspension or cancellation, the
Secretary is authorized to temporarily or permanently debar an agency from
accreditation or a person from approval. An appeals procedure for the debarred
person/entity is provided. The section provides for situations where a complete home
study is not undertaken prior to adoption.
Section 205 amends Section 422(b) of the Social Security Act (42 U.S.C.
622(b)) to provide that States report certain requirements regarding international
adoption, as part of their state plan under the Federal Child Welfare Services
Program. A requirement is made for the collection and reporting of information on
children who are adopted from other countries and who enter into State custody as
a result of the disruption of an adoption placement or the dissolution of an adoption,
and related statistics.
Title III — Recognition of Convention Adoptions
in the United States
Section 301 governs the legal aspects of children immigrating to the United
States. The section deals with the issuance and the legal effect of certain certificates
which are to be issued by the Secretary with respect to each Convention adoption,
and the legal effect of a Convention adoption finalized in another Convention
country. The certificate issued by the Secretary is a condition precedent for the
finalization of a Convention adoption by a State court.
Section 302 concerns Immigration and Nationality Act amendments relating to
children adopted from Convention countries. Specifically, the definition of child
under the Immigration and Nationality Act (“Act”)(8 U.S.C. 1101(b)(1)), is amended
to take into account Convention adoptions. The section also amends the Act
concerning the approval of adoption petitions (8 U.S.C. 1154(d) and the definition
of parent (8 U.S.C. 1101(b)(2)).
Section 303 concerns the adoption of children emigrating from the United
States. Set forth are the duties of the accredited agency or the approved person, the
conditions on State court orders, the duties of the Secretary, and filing requirements
concerning non-Convention adoptions with the adoption registry.
27 42 U.S.C. § 14923

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Title IV — Administration and Enforcement
Section 401 is concerned with the access to Convention records. Issues dealt
with in this section include the preservation of Convention records, the access to
Convention records, and the access to non-Convention records.28
Section 402 states that documents originating in any other Convention country
and relating to a Convention adoption will not require authentication to be admissible
in a Federal, State, or local court in the United States, unless a claim is made that the
documents are false, altered, or unreliable.
Section 403 deals with the authorization of appropriations and the collection of
fees. The section provides for the authorization of appropriations to federal agencies
implementing the Convention and this legislation. The Secretary is authorized to
assess a fee for new or enhanced services that will be undertaken by the Department
of State to meet the requirements of the law concerning Convention adoptions. None
of these fees are to be made available to an accrediting entity to carry out the
purposes of the legislation.
Section 404 governs enforcement of the Act. Civil penalties are provided
concerning fraud, false statements, and other wrongful acts. Persons subject to such
penalties may be subject, in addition to any other penalty prescribed by law, to a civil
money penalty of not more than $50,000 for a first violation, and not more than
$100,000 for each subsequent violation. Criminal penalties are also imposed.
Persons in violation of the Act’s provisions shall be subject to a fine of not more than
$250,000, imprisonment for not more than five years, or both.
Title V — General Provisions
Section 501 concerns the recognition of Convention Adoptions between two
other Convention countries that become final before the date of entry into force of
the Convention for the United States. Such adoptions shall be recognized in the
United States and be given full effect.
Section 502 provides for special rules for certain cases involving the adoption
of children. The Secretary is authorized to establish alternative procedures for the
adoption of children by relatives. Under specific circumstances the Secretary is
authorized to waive certain requirements of the Act or the regulation in the interest
of justice or to prevent grave physical harm to the child.
Section 503 concerns the relationship of the Act with other laws. The
Convention and the implementing legislation shall not preempt any provision of State
or local law, or prevent a State or local authority from enacting any provision of the
law with respect to the subject matter of the Convention or this legislation, except to
28 See Intercountry Adoption — Preservation of Convention Records, 71 Fed. Reg. 8161 to
8164 (effective March 17, 2006).

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the extent that such provision of State law is inconsistent with the Convention or this
legislation, and then only to the extent of the inconsistency. The Convention and the
Act shall not affect the application of the Indian Child Welfare Act of 1978 (25
U.S.C. 1901 et seq.).
Section 504 provides that the Convention and this Act shall not create a private
right of action to seek administrative or judicial relief, except as provided by the
Act.29
Section 505 concerns the effective date of the legislation. Certain provisions
become effective upon the date of enactment and other provisions take effect upon
entry into force of the Convention for the United States.30 Certain transitional rules
apply in certain circumstances.
Status of Hague Convention Implementation
in the United States
Although the Senate gave its advice and consent to the ratification of the
Convention on September 20, 2000, the Convention has not been formally ratified
by the United States. While the implementing legislation was signed into law by the
President on October 6, 2000, various implementation procedures must be
undertaken by the DOS and the Immigration and Naturalization Service before the
Convention can be formally ratified and enter into force in the United States.
The DOS has summarized the steps that are necessary for the United States to
ratify the Convention, including the following:
1) establishment and staffing of the United States Central Authority (i.e., the
U.S. Department of State, Office of Consular Affairs, Office of Children’s
Issues);
2) establishment of a computerized case-tracking system for U.S. intercountry
adoptions, jointly with the INS;
3) designation of one or more entities to accredit U.S. adoption agencies for
Convention adoptions and to approve other bodies and persons wishing to
provide adoption services covered by the Convention;
4) promulgation of regulations establishing accreditation/approval standards and
criteria and procedures for seeking such accreditation/approval;
5) processing applications received for accreditation or approval;
6) establishment of a program to share information with adoption service
providers, State courts and authorities, the U.S. adoption community and future
adoptive parents concerning their role in U.S. compliance with the requirements
29 See 42 U.S.C. § 14924(d).
30 Article 46 of the Convention provides that the Convention enters into force on the first
day of the month following the expiration of three months after deposit of the third
instrument of ratification, acceptance or approval referred to in Article 43 of the
Convention. See discussion, p. 2.

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and safeguards of the Convention, its implementing legislation, and related
federal regulations.31
Children Emigrating from
the United States
Traditionally, the individual States have had the responsibility for regulating
adoptions in the United States and there has not been a federal oversight entity. In
addition, there is no specific control on the departure of persons from the United
States. Hence, an accurate count of children leaving the United States for adoption
abroad is not currently available and does not seem readily able to be determined.
After the Convention is ratified and has entered into force in the United States,
the individual State, territory, or commonwealth of residence of the adoptive child
will be required to make certain determinations concerning the adoptability of the
child, that intercountry adoption is in the child’s best interests, and that the proper
persons, authorities, and institutions have agreed to the adoption. These requirements
are set out in Article 4 of Article 17 of the Convention. These requirements must be
met before a Convention adoption can proceed. The reporting obligations and
requirements pose new responsibilities and will necessitate cooperation between the
federal and the individual State governments.32
Amendments to Immigration Law33
The Act provides amendments to the Immigration and Nationality Act (“INA”).
As the Convention provides extensive protection for the adopted children and for the
birth and adoptive parents, children immigrating to the United States whose adoption
or whose placement for adoption is covered under the Convention will not need to
qualify as eligible orphans under the INA so as to be eligible to receive immigrant
visas.
31 See DOS website at “Preparations for U.S. Implementation of the Hague Convention,”
[http://travel.state.gov/family/adopton/convention/convention_2332.html].
32 Id.
33 The 106th Congress approved two other laws related to immigration and citizenship status
of foreign-born children adopted by U.S. citizens. See CRS Report RS20836, Immigration
Legislation in 106th Congress, by (name redacted).

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Administrative Fees
An administrative fee is imposed to pay for additional services that will be
provided to guarantee that there are adequate human and support resources available
to carry out the Act in an effective manner and to comply with the requirements of
the Act and the Convention. The State Department has stated that neither the federal
government nor the adoption community and its clients wish the Convention and its
implementation to slow down adoption because of a lack of resources in the United
States to monitor and to process individual intercountry adoptions.
Countries Participating in the Convention
The Hague Conference on Private International Law has established thirty-five
international conventions since the 1950’s. The topics of some of these conventions
include such subjects as civil procedure, the international sale of goods, and other
issues of international interest. The Convention on Protection of Children and Co-
operation in respect of Intercountry Adoption is Convention No. 33.34 Participating
countries, known as Member States, are countries which have participated in one or
more of the early Sessions of the Conference and may become Members of the
Organization by accepting the organic statute of the Hague Conference.35 As of
January 20, 2006, there are forty-eight Members States to the Hague Conference.36
Both Member and non-Member countries may participate in the various
international Conventions. Following is a list of Member States which are
signatories37 to Convention No. 33. Not all of these countries have completed the
ratification/accession process and hence the Convention is not in force in those
countries. A report concerning the status of the signature/ratification process of
individual countries is available at the Hague Convention website.38
Albania
Australia
Austria
Belaurs
Belgium
Brazil
Bulgaria
Canada
34 See the Hague Conventions’ website at [http://hcch.e-vision.nl/index_en.php?act+
conventions.status&cid=69].
35 Id. at “Hague Conference-Member States.”
36 Id.
37 Strictly speaking, a few of the listed countries are not “signatories,” as they have not
signed the Convention; rather, some countries have acceded to the Convention without being
formal “signatories.”
38 See [http://hcch.e-vision.nl/index_en.php?act=conventions.status&cid=69].

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Chile
China, People’s Republic of
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Hungary
Iceland
Ireland
Israel
Italy
Latvia
Lithuania
Luxembourg
Malta
Mexico
Monaco
Netherlands
New Zealand
Norway
Panama
Paraguay
Peru
Poland
Portugal
Romania
Russian Federation
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Sweden
Switzerland
Turkey
United Kingdom
United States
Uruguay
Venezuela39
39 Id. As of January 20, 2006, three Member States have not completed ratification of the
Convention: Ireland, the Russian Federation, and the United States.

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Various Non-Member States are signatories to Convention No. 33.40 The precise
status of individual states in the ratification process is available at the Hague
Convention website.41
Andorra
Azerbaijan
Belize
Bolivia
Burkina Faso
Burundi
Colombia
Costa Rica
Ecuador
El Salvador
Guatemala
Guinea
India
Madascar
Mauritius
Moldova
Mongolia
Philippines
San Marino
Thailand42
Conclusion
The Intercountry Adoption Act of 2000 (P.L. 106-279, Oct. 6, 2000, 114 Stat.
825, “Act”) provides the domestic legislation to enable the United States to
implement the provisions of the Hague Convention on Protection of Children and
Co-operation in Respect of Intercountry Adoption (“Convention”). At the same time
that Congress passed the implementing legislation, the Senate was reviewing the
Convention. The Senate gave its consent and approval to the ratification of the
Convention on September 20, 2000. Although the Senate approved the ratification
of the Convention, the United States has not formally ratified the Convention. Three
months after ratification, the Convention formally goes into effect. While the
implementing legislation has been enacted, there are substantial administrative
responsibilities which must be fulfilled before the United States has fully complied
with the Convention requirements and is ready to ratify the Convention. The
Department of State expects the Convention to enter into force for the United States
in 2007.
40 See note 39.
41 Id.
42 Id.

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