42 U.S.C. § 14932 — Adoptions of children emigrating from the United States

(a) Duties of accredited agency or approved person. When a Convention adoption involves a child living in the U.S. being adopted into another Convention country, the accredited agency, approved person, or the prospective parents acting on their own (if their state and the other country's laws allow it) must: (1) Ensure that, following the Convention — (A) a background study on the child is completed; (B) the agency or person (i) made reasonable, active efforts to recruit and search for prospective adoptive parents in the U.S., and (ii) despite that, could not place the child for adoption in the U.S. in a timely manner; and (C) it is determined that placement with the prospective parents is in the child's best interests. (2) Give the state court with jurisdiction over the case — (A) documentation of the matters in paragraph (1); (B) a background report (home study) on the prospective parents, including a criminal background check, prepared under the receiving country's laws; and (C) a declaration from that country's central authority (or other competent authority) — (i) that the child will be allowed to enter and live there permanently, or on the same basis as the adopting parent, and (ii) that the authority consents to the adoption, if its country's law requires that consent for the adoption to become final. (3) Give the U.S. central authority — (A) official copies of the state court orders certifying the final adoption or custody grant; (B) the information and documents described in paragraph (2), to the extent the U.S. central authority requires; and (C) any other information about the case the U.S. central authority needs to carry out its Convention duties. (b) Conditions on State court orders. An order finalizing the adoption, or granting custody for adoption, cannot be entered unless the court (1) has received and, to the extent it finds necessary, verified (A) the material described in subsection (a)(2), and (B) satisfactory evidence that the requirements of Articles 4 and 15 through 21 of the Convention have been met; and (2) has determined the placement is in the child's best interests. (c) Duties of the Secretary of State. After receiving and, as necessary, verifying the material described in subsection (a)(3), the Secretary must issue an official certification that the child has been adopted, or a declaration that custody for adoption has been granted, in accordance with the Convention and this chapter. (d) Filing with registry regarding non-Convention adoptions. Accredited agencies, approved persons, and other persons — including government authorities — providing adoption services for a non-Convention intercountry adoption where a child leaves the U.S. must file the information required by regulations the Attorney General and Secretary of State jointly issue to implement section 14912(e).