PRIA, Government Policy, Made Personal

Summary

The Secretary of State must act as the United States’ main contact for the Hague Adoption Convention. The Secretary must work with other countries’ central authorities and coordinate people and groups in the U.S. who handle Convention adoptions. The Secretary must share information about accredited agencies and approved persons, and about those whose approval was suspended, canceled, or barred. The Secretary must also share relevant Federal and State laws and other needed information. No later than when the Convention takes effect for the United States, and at least once each year after that, the Secretary must ask other countries to list their adoption rules and any limits on who may adopt. Those replies must be made available to accredited agencies and people who do home studies. The Secretary must make sure home-study reports on prospective parents go through the child’s country central authority to the court or authority that approves the adoption in time to be considered before approval. The Secretary must also identify Convention countries and authorized persons and help pass information among central authorities, agencies, and courts. The Secretary must run U.S. accreditation and approval for Convention adoptions and cannot give that job to another Federal agency. The Secretary must monitor individual Convention adoptions involving U.S. citizens and may help citizens deal with foreign officials if their accredited agency will not. The Secretary and the Attorney General must create a joint registry of all adoptions involving children moving into or out of the United States to track pending and closed cases. The Secretary may let public or private groups perform central authority tasks under published rules or by grants or contracts.

Title 42, §14912

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(a)Liaison responsibilities

The Secretary shall have responsibility for— (1)

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

(b)Information exchange

The Secretary shall be responsible for— (1)

(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)Accreditation and approval responsibilities

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)Additional responsibilities

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)Establishment of registry

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)Methods of performing responsibilities

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