Page:United States Statutes at Large Volume 114 Part 1.djvu/875

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PUBLIC LAW 106-279—OCT. 6, 2000 114 STAT. 839 "(IV) the Attorney General is satisfied that the purpose of the adoption is to form a bona fide parentchild 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 Attorney General 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 Act.". (b) APPROVAL OF PETITIONS.—Section 204(d) of the Immigration and Nationality Act (8 U.S.C. 1154(d)) is amended— (1) by striking "(d)" and inserting "(d)( 1)"; (2) by striking "section 101(b)(1)(F)" and inserting "subparagraph (F) or (G) of section 101(b)(1)"; and (3) by adding at the end the following new paragraph: "(2) Notwithstanding the provisions of subsections (a) and (b), no petition may be approved on behalf of a child defined in section 101(b)(1)(G) unless the Secretary of State has certified that the central authority of the child's country of origin has notified the United States central authority under the convention referred to in such section 101(b)(1)(G) that a United States citizen habitually resident in the United States has effected final adoption of the child, or has been granted custody of the child for the purpose of emigration and adoption, in accordance with such convention and the Intercountry Adoption Act of 2000.". (c) DEFINITION OF PARENT.—Section 101(b)(2) of the Immigration and Nationahty Act (8 U.S.C. 1101(b)(2)) is amended by inserting "and paragraph (l)(G)(i)" after "second proviso therein)". SEC. 303. ADOPTIONS OF CHILDREN EMIGRATING FROM THE UNITED 42 USC 14932. STATES. (a) DUTIES OF ACCREDITED AGENCY OR APPROVED PERSON.— In the case of a Convention adoption involving the emigration of a child residing in the United States to a foreign country, the accredited agency or approved person providing adoption services, or the prospective adoptive parent or parents acting on their own behalf (if permitted by the laws of such other Convention country in which they reside and the laws of the State in which the child resides), shall do the following: (1) Ensure that, in accordance with the Convention— (A) a background study on the child is completed; (B) the accredited agency or approved person— (i) has made reasonable efforts to actively recruit and make a diligent search for prospective adoptive parents to adopt the child in the United States; and