§14932 Adoptions of Children Emigrating From the United States

Summary

An accredited agency, an approved person, or the adoptive parents themselves must make sure a full background study of the child is done, try and fail to find a U.S. family for the child, and decide that the foreign placement is in the child’s best interests. They must give the state court papers showing those things, a home study on the adoptive parents (including a criminal check) written under the laws of the receiving country, and a statement from that country’s central authority that the child may enter and live there and that the country consents to the adoption if its law requires consent. The agency or person must also send the U.S. central authority certified state orders and other required documents. A state court cannot finalize an adoption or award custody for adoption until it gets and checks those materials, finds the Convention rules in Articles 4 and 15–21 met, and decides the placement is best for the child. After review, the Secretary of State will issue the official adoption or custody certification under the Convention. For adoptions not covered by the Convention, agencies and others must file information required by regulations issued by the Attorney General and the Secretary of State to implement section 14912(e).