42 U.S.C. § 14931 — Adoptions of children immigrating to the United States
submitted 26 years ago by Pub. L. 106-279 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 301 words · no verdicts yet
For each Convention adoption involving a child coming to the United States, the Secretary of State issues a certificate after receiving origin-country notice and verifying compliance. The certificate has conclusive legal effect, and qualifying foreign final adoptions must be recognized.
(a) Legal effect of certificates
(1) For each Convention adoption*, the Secretary* of State* must issue the United States-domiciled adoptive citizen parent a certificate that the adoption was granted, or, for a prospective parent, that legal custody was granted for emigration and adoption, if the Secretary receives proper notice from the child’s origin-country central authority* and verifies compliance with the Convention* and this chapter. (2) If attached to the original adoption decree, the certificate is conclusive evidence of its certified facts for Federal and State agencies, courts, and public and private persons and entities, and is the certification required by 8 U.S.C. § 1154(d)(2).
(b) A final adoption in another Convention country*, certified under subsection (a) or section 14932(c), must be recognized as final and valid under all Federal, State, and local United States laws.
(c) A State court may not finalize an adoption of a child who entered the United States from another Convention country for adoption unless the Secretary of State issued the subsection (a) certificate.
The Secretary of State shall, with respect to each Convention adoption*, issue a certificate to the adoptive citizen parent domiciled in the United States that the adoption has been granted or, in the case of a prospective adoptive citizen parent, that legal custody of the child has been granted to the citizen parent for purposes of emigration and adoption, pursuant to the Convention* and this chapter, if the Secretary of State—
receives appropriate notification from the central authority* of such child’s country of origin; and
has verified that the requirements of the Convention and this chapter have been met with respect to the adoption.
If appended to an original adoption decree, the certificate described in paragraph (1) shall be treated by Federal and State agencies, courts, and other public and private persons and entities as conclusive evidence of the facts certified therein and shall constitute the certification required by section 1154(d)(2) of title 8.
A final adoption in another Convention country, certified by the Secretary of State pursuant to subsection (a) of this section or section 14932(c) of this title, shall be recognized as a final valid adoption for purposes of all Federal, State, and local laws of the United States.
In the case of a child who has entered the United States from another Convention country for the purpose of adoption, an order declaring the adoption final shall not be entered unless the Secretary of State has issued the certificate provided for in subsection (a) with respect to the adoption.
Source credit: (Pub. L. 106–279, title III, § 301, Oct. 6, 2000, 114 Stat. 837.)
- 2000Enacted · Pub. L. 106-279 · 114 Stat. 837
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-279 on 2000-10-06.
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