§14932 Adoptions of children emigrating from the United States

Summary

Require an accredited agency, an approved person, or the prospective adoptive parents (if allowed by the other country and the State) to complete a background study on the child, try and fail to place the child in the United States after a reasonable search, and decide the placement is in the child’s best interest. They must give the State court proof of those things, a home study on the adoptive parent(s) (including a criminal check) done under the receiving country’s rules, and a statement from that country’s central authority saying the child may enter and live there permanently (or on the same basis as the adoptive parent) and that the country consents to the adoption if its law requires consent. They must also send the U.S. central authority official court orders showing the adoption or custody for adoption, the documents above as requested, and any other information the U.S. central authority needs. The court cannot finalize the adoption or grant custody for adoption until it gets and checks those materials, is satisfied that Articles 4 and 15 through 21 of the Convention were followed, and finds the placement is in the child’s best interest. The Secretary, after checking the materials sent to the U.S. central authority, must issue an official certification that the child was adopted or a declaration that custody for adoption was granted under the Convention. For intercountry adoptions not under the Convention where a child leaves the United States, agencies, approved persons, and authorities must file the information required by regulations made by the Attorney General and the Secretary of State to carry out section 14912(e).