< Back to S. 1376 (111th Congress, 2009–2010)

Text of the International Adoption Simplification Act

This bill was enacted after being signed by the President on November 30, 2010. The text of the bill below is as of Mar 22, 2010 (Reported by Senate Committee).

This is not the latest text of this bill.

Source: GPO

II

Calendar No. 330

111th CONGRESS

2d Session

S. 1376

IN THE SENATE OF THE UNITED STATES

June 25, 2009

(for herself, Ms. Landrieu, Mr. Inhofe, Mr. Feingold, Mr. Durbin, Mr. Leahy, and Mr. Lugar) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

March 22 (legislative day, March 19), 2010

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To restore immunization and sibling age exemptions for children adopted by United States citizens under the Hague Convention on Intercountry Adoption to allow their admission into the United States.

1.

Exemption from vaccination documentation requirement

Section 212(a)(1)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(C)(ii)) is amended by striking section 101(b)(1)(F), and inserting subparagraph (F) or (G) of section 101(b)(1);.

2.

Sibling adoptions

Section 101(b)(1)(G) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(G)) is amended—

(1)

in clause (i), by striking and at the end;

(2)

in clause (ii), by striking the period at the end and inserting and; and

(3)

by adding at the end the following:

(iii)

subject to the same provisos as in clause (i), if the child—

(I)

is a natural sibling of a child described in clause (i), subparagraph (E)(i), or subparagraph (F)(i);

(II)

has been adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); and

(III)

is otherwise described in clause (i), except that the child is younger than 18 years of age at the time a petition is filed on his or her behalf for classification as an immediate relative under section 201(b).

.

1.

Short title

This Act may be cited as International Adoption Simplification Act.

2.

Exemption from vaccination documentation requirement

Section 212(a)(1)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(C)(ii)) is amended by striking section 101(b)(1)(F), and inserting subparagraph (F) or (G) of section 101(b)(1);.

3.

Sibling adoptions

Section 101(b)(1)(G) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(G)) is amended to read as follows:

(G)
(i)

a child, younger than 16 years of age at the time a petition is filed on the child’s behalf to accord a classification as an immediate relative under section 201(b), who has been adopted in a foreign state that is a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption done at The Hague on May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States by a United States citizen and spouse jointly or by an unmarried United States citizen who is at least 25 years of age, Provided, That—

(I)

the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States;

(II)

the child’s natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death or disappearance of, abandonment or desertion by, the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child’s emigration and adoption;

(III)

in the case of a child having two living natural parents, the natural parents are incapable of providing proper care for the child;

(IV)

the Attorney General is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated (and in carrying out both obligations under this subclause the Attorney General may consider whether there is a petition pending to confer immigrant status on one or both of such natural parents); and

(V)

in the case of a child who has not been adopted—

(aa)

the competent authority of the foreign state has approved the child’s emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and

(bb)

the prospective adoptive parent or parents has or have complied with any pre-adoption requirements of the child’s proposed residence; and

(ii)

except that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or

(iii)

subject to the same provisos as in clauses (i) and (ii), a child who—

(I)

is a natural sibling of a child described in clause (i), subparagraph (E)(i), or subparagraph (F)(i);

(II)

was adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); and

(III)

is otherwise described in clause (i), except that the child is younger than 18 years of age at the time a petition is filed on his or her behalf for classification as an immediate relative under section 201(b).

.

4.

Effective date

The amendments made by this Act shall take effect as if enacted on April 1, 2008.

March 22 (legislative day, March 19), 2010

Reported with an amendment