§14912 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Make the Secretary of State the U.S. lead for the Convention. The Secretary must work with the official central authorities in other Convention countries and coordinate U.S. activity under the Convention. The Secretary must give those authorities information about accredited agencies and approved people (including suspensions, cancellations, or debarments), about federal and state laws that matter, and about other needed implementation details. By the day the Convention takes effect for the United States and at least once each year after that, the Secretary must ask each country to list its adoption rules and any limits that affect U.S. prospective parents. The answers must be shared with accredited agencies and people who do home studies. The Secretary must also make sure a home study or background report on prospective parents is sent through the child’s country of origin to the court or to the authority that approves the child’s emigration in time to be considered before the adoption or approval. The Secretary must identify Convention countries and authorized persons and help share information among central authorities, federal and state agencies, courts, and accredited agencies. The Secretary alone handles accrediting agencies and approving people for Convention cases in the United States as set out in subchapter II and may not give that job to another federal agency. The Secretary must monitor Convention adoptions involving U.S. citizens and may help citizens deal with foreign officials if an accredited agency cannot. With the Attorney General, the Secretary must create a registry of all adoptions that move children into or out of the United States so cases can be tracked. The Secretary may also allow public or private entities to perform central authority tasks under published rules or agreements and may use grants or contracts to do these jobs, except where this chapter says otherwise.

Title 42, §14912

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(a)The Secretary shall have responsibility for—

(1)liaison with the central authorities of other Convention countries; and

(2)the coordination of activities under the Convention by persons subject to the jurisdiction of the United States.

(b)The Secretary shall be responsible for—

(1)providing the central authorities of other Convention countries with information concerning—

(A)accredited agencies and approved persons, agencies and persons whose accreditation or approval has been suspended or canceled, and agencies and persons who have been temporarily or permanently debarred from accreditation or approval;

(B)Federal and State laws relevant to implementing the Convention; and

(C)any other matters necessary and appropriate for implementation of the Convention;

(2)not later than the date of the entry into force of the Convention for the United States (pursuant to Article 46(2)(a) of the Convention) and at least once during each subsequent calendar year, providing to the central authority of all other Convention countries a notice requesting the central authority of each such country to specify any requirements of such country regarding adoption, including restrictions on the eligibility of persons to adopt, with respect to which information on the prospective adoptive parent or parents in the United States would be relevant;

(3)making responses to notices under paragraph (2) available to—

(A)accredited agencies and approved persons; and

(B)other persons or entities performing home studies under section 14921(b)(1) of this title;

(4)ensuring the provision of a background report (home study) on prospective adoptive parent or parents (pursuant to the requirements of section 14923(b)(1)(A)(ii) of this title), through the central authority of each child’s country of origin, to the court having jurisdiction over the adoption (or, in the case of a child emigrating to the United States for the purpose of adoption, to the competent authority in the child’s country of origin with responsibility for approving the child’s emigration) in adequate time to be considered prior to the granting of such adoption or approval;

(5)providing Federal agencies, State courts, and accredited agencies and approved persons with an identification of Convention countries and persons authorized to perform functions under the Convention in each such country; and

(6)facilitating the transmittal of other appropriate information to, and among, central authorities, Federal and State agencies (including State courts), and accredited agencies and approved persons.

(c)The Secretary shall carry out the functions prescribed by the Convention with respect to the accreditation of agencies and the approval of persons to provide adoption services in the United States in cases subject to the Convention as provided in subchapter II. Such functions may not be delegated to any other Federal agency.

(d)The Secretary—

(1)shall monitor individual Convention adoption cases involving United States citizens; and

(2)may facilitate interactions between such citizens and officials of other Convention countries on matters relating to the Convention in any case in which an accredited agency or approved person is unwilling or unable to provide such facilitation.

(e)The Secretary and the Attorney General shall jointly establish a case registry of all adoptions involving immigration of children into the United States and emigration of children from the United States, regardless of whether the adoption occurs under the Convention. Such registry shall permit tracking of pending cases and retrieval of information on both pending and closed cases.

(f)The Secretary may—

(1)authorize public or private entities to perform appropriate central authority functions for which the Secretary is responsible, pursuant to regulations or under agreements published in the Federal Register; and

(2)carry out central authority functions through grants to, or contracts with, any individual or public or private entity, except as may be otherwise specifically provided in this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subchapter II, referred to in subsec. (c), was in the original “title II”, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which enacted subchapter II of this chapter and amended section 622 of this title. For complete classification of title II to the Code, see Tables. This chapter, referred to in subsec. (f)(2), was in the original “this Act”, meaning Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, known as the Intercountry Adoption Act of 2000, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 14901 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 6, 2000, with transition rule, see section 505(a)(1), (b) of Pub. L. 106–279, set out as an

Effective Date

s; Transition Rule note under section 14901 of this title.

§14912 Responsibilities of the Secretary of State

Summary

Title 42, §14912

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata