Text: S.1376 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-287 (11/30/2010)

 
[111th Congress Public Law 287]
[From the U.S. Government Printing Office]



[[Page 3057]]

                         INTERNATIONAL ADOPTION 
                           SIMPLIFICATION ACT

[[Page 124 STAT. 3058]]

Public Law 111-287
111th Congress

                                 An Act


 
To restore immunization and sibling age exemptions for children adopted 
  by United States citizens under the Hague Convention on Intercountry 
 Adoption to allow their admission into the United States. <<NOTE: Nov. 
                        30, 2010 -  [S. 1376]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: International 
Adoption Simplification Act. 8 USC 1101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as ``International Adoption Simplification 
Act''.
SEC. 2. EXEMPTION FROM VACCINATION DOCUMENTATION REQUIREMENT.

    Section 212(a)(1)(C)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(1)(C)(ii)) is amended by striking ``section 
101(b)(1)(F),'' and inserting ``subparagraph (F) or (G) of section 
101(b)(1);''.
SEC. 3. SIBLING ADOPTIONS.

    Section 101(b)(1)(G) of the Immigration and Nationality Act (8 
U.S.C. 1101(b)(1)(G)) is amended to read as follows:
                    ``(G)(i) a child, younger than 16 years of age at 
                the time a petition is filed on the child's behalf to 
                accord a classification as an immediate relative under 
                section 201(b), who has been adopted in a foreign state 
                that is a party to the Convention on Protection of 
                Children and Co-operation in Respect of Intercountry 
                Adoption, done at The Hague on May 29, 1993, or who is 
                emigrating from such a foreign state to be adopted in 
                the United States by a United States citizen and spouse 
                jointly or by an unmarried United States citizen who is 
                at least 25 years of age, Provided, That--
                          ``(I) the Secretary of Homeland Security is 
                      satisfied that proper care will be furnished the 
                      child if admitted to the United States;
                          ``(II) the child's natural parents (or parent, 
                      in the case of a child who has one sole or 
                      surviving parent because of the death or 
                      disappearance of, abandonment or desertion by, the 
                      other parent), or other persons or institutions 
                      that retain legal custody of the child, have 
                      freely given their written irrevocable consent to 
                      the termination of their legal relationship with 
                      the child, and to the child's emigration and 
                      adoption;

[[Page 124 STAT. 3059]]

                          ``(III) in the case of a child having two 
                      living natural parents, the natural parents are 
                      incapable of providing proper care for the child;
                          ``(IV) the Secretary of Homeland Security is 
                      satisfied that the purpose of the adoption is to 
                      form a bona fide parent-child relationship, and 
                      the parent-child relationship of the child and the 
                      natural parents has been terminated (and in 
                      carrying out both obligations under this subclause 
                      the Secretary of Homeland Security may consider 
                      whether there is a petition pending to confer 
                      immigrant status on one or both of such natural 
                      parents); and
                          ``(V) in the case of a child who has not been 
                      adopted--
                                    ``(aa) the competent authority of 
                                the foreign state has approved the 
                                child's emigration to the United States 
                                for the purpose of adoption by the 
                                prospective adoptive parent or parents; 
                                and
                                    ``(bb) the prospective adoptive 
                                parent or parents has or have complied 
                                with any pre-adoption requirements of 
                                the child's proposed residence; and
                    ``(ii) except that no natural parent or prior 
                adoptive parent of any such child shall thereafter, by 
                virtue of such parentage, be accorded any right, 
                privilege, or status under this chapter; or
                    ``(iii) subject to the same provisos as in clauses 
                (i) and (ii), a child who--
                          ``(I) is a natural sibling of a child 
                      described in clause (i), subparagraph (E)(i), or 
                      subparagraph (F)(i);
                          ``(II) was adopted abroad, or is coming to the 
                      United States for adoption, by the adoptive parent 
                      (or prospective adoptive parent) or parents of the 
                      sibling described in clause (i), subparagraph 
                      (E)(i), or subparagraph (F)(i); and
                          ``(III) is otherwise described in clause (i), 
                      except that the child is younger than 18 years of 
                      age at the time a petition is filed on his or her 
                      behalf for classification as an immediate relative 
                      under section 201(b).''.
SEC. 4. <<NOTE: 8 USC 1101 note.>>  EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this Act shall take effect on the date of the 
enactment of this Act.
    (b) Exception.--An alien <<NOTE: Deadline.>>  who is described in 
section 101(b)(1)(G)(iii) of the Immigration and Nationality Act, as 
added by section 3, and attained 18 years of age on or after April 1, 
2008, shall be deemed to meet the age requirement specified in subclause 
(III) of such section if a petition for classification of the alien as 
an immediate relative under section 201(b) of the

[[Page 124 STAT. 3060]]

Immigration and Nationality Act (8 U.S.C. 1151(b)) is filed not later 
than 2 years after the date of the enactment of this Act.

    Approved November 30, 2010.

LEGISLATIVE HISTORY--S. 1376:
---------------------------------------------------------------------------

SENATE REPORTS: No. 111-220 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 156 (2010):
            July 21, considered and passed Senate.
            Nov. 15, considered and passed House.

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