42 USC 14931 – Adoptions of children immigrating to the United States
(a) Legal effect of certificates issued by the Secretary of State
(1) Issuance of certificates by the Secretary of State
The Secretary of State shall, with respect to each Convention adoption, issue a certificate to the adoptive citizen parent domiciled in the United States that the adoption has been granted or, in the case of a prospective adoptive citizen parent, that legal custody of the child has been granted to the citizen parent for purposes of emigration and adoption, pursuant to the Convention and this chapter, if the Secretary of State—
(A) receives appropriate notification from the central authority of such child’s country of origin; and
(B) has verified that the requirements of the Convention and this chapter have been met with respect to the adoption.
(2) Legal effect of certificates
If appended to an original adoption decree, the certificate described in paragraph (1) shall be treated by Federal and State agencies, courts, and other public and private persons and entities as conclusive evidence of the facts certified therein and shall constitute the certification required by section 1154(d)(2) of title 8.
(b) Legal effect of Convention adoption finalized in another Convention country
A final adoption in another Convention country, certified by the Secretary of State pursuant to subsection (a) of this section or section 14932(c) of this title, shall be recognized as a final valid adoption for purposes of all Federal, State, and local laws of the United States.
(c) Condition on finalization of Convention adoption by State court
Terms Used In 42 USC 14931
- central authority: means the entity designated as such by any Convention country under Article 6(1) of the Convention. See 42 USC 14902
- Convention: means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993. See 42 USC 14902
- Convention adoption: means an adoption of a child resident in a foreign country party to the Convention by a United States citizen, or an adoption of a child resident in the United States by an individual residing in another Convention country. See 42 USC 14902
- Convention country: means a country party to the Convention. See 42 USC 14902
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Secretary: means the Secretary of State. See 42 USC 14902
- State: means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands. See 42 USC 14902
In the case of a child who has entered the United States from another Convention country for the purpose of adoption, an order declaring the adoption final shall not be entered unless the Secretary of State has issued the certificate provided for in subsection (a) with respect to the adoption.