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42 U.S.C. § 14931Adoptions 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

in plain englishAI-generated · not legal advice

The Secretary of State certifies that a Convention adoption or custody grant is valid once the child's home country confirms it and the requirements are met. That certificate counts as final proof for all courts and agencies, and covers adoptions finalized abroad too. A state court cannot finalize such an adoption until the Secretary issues this certificate.

(a) Legal effect of certificates issued by the Secretary of State. (1) Issuance of certificates. For each Convention adoption, the Secretary of State must issue a certificate to the U.S. citizen parent domiciled in the U.S. stating that the adoption has been granted, or, for a prospective parent, that legal custody of the child has been granted for the purpose of moving the child to the U.S. and adopting. The Secretary can only issue this if (A) the child's country of origin's central authority properly notifies the Secretary, and (B) the Secretary has verified that the Convention's and this chapter's requirements were met. (2) Legal effect of certificates. If attached to the original adoption decree, the certificate counts as conclusive proof of what it certifies for federal and state agencies, courts, and other public and private persons and entities, and it satisfies the certification required by section 1154(d)(2) of Title 8. (b) Legal effect of Convention adoption finalized in another Convention country. A final adoption completed in another Convention country, and certified by the Secretary under subsection (a) or section 14932(c), must be recognized as a final, valid adoption for all federal, state, and local law purposes in the U.S. (c) Condition on finalization of Convention adoption by State court. If a child entered the U.S. from another Convention country to be adopted, an order finalizing that adoption cannot be entered until the Secretary has issued the certificate described in subsection (a).
the actual law source: uscode.house.gov ↗public domain
(a) Legal effect of certificates issued by the Secretary of State
(1) Issuance of certificates by the Secretary of State

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—

(A)

receives appropriate notification from the central authority of such child’s country of origin; and

(B)

has verified that the requirements of the Convention and this chapter have been met with respect to the adoption.

(2) Legal effect of certificates

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.

(b) Legal effect of Convention adoption finalized in another Convention country

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.

(c) Condition on finalization of Convention adoption by State court

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.)

history & why it existsrecord from the source credit
  • 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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