H.R. 120 would reform Federal procedures relating to intercountry adoption.
Detailed Summary
Intercountry Adoption Reform Act of 2007 or the ICARE Act - Establishes an Office of Intercountry Adoptions within the Department of State to be headed by the Ambassador at Large for Intercountry Adoptions. Transfers to the Office all functions with respect to intercountry adoptions currently performed by the Department of Homeland Security (DHS).
Amends the Immigration and Nationality Act to revise: (1) conditions for automatic citizenship for children born outside the United States, including for adopted children; and (2) requirements concerning the history of parents' physical presence in the United States or its possessions. Defines the term "full and final adoption." Prescribes procedural requirements for the adoption of foreign-born children by U.S. citizens.
Establishes a nonimmigrant W-visa for an adoptable child coming into the United States for adoption by a U.S. citizen and spouse or by an unmarried U.S. Citizen at least 25 years of age who has been approved by the Office of International Adoption of the Department of State. Sets forth the period of authorized admission for such a nonimmigrant.
Exempts adopted children of 18 years of age or younger (currently, 10 years of age or younger) from immunization requirements.
Redefines the term "adoptable child."
Requires U.S. Citizen adoptive parents to obtain approval of an adoption petition prior to issuance of a visa or a full and final adoption decree. Subjects such petitions to the terms applicable to orphan petitions. Directs the Secretary of State to issue regulations: (1) establishing an expedited reapproval process for families whose prior approvals to adopt have expired; and (2) governing the appeal of petition denials.
Prescribes procedural requirements for the issuance of a visa and a full and final adoption decree for foreign-born children, including requirements for the Ambassador to: (1) determine whether a child is an adoptable child; and (2) work with the competent authorities of the child's country of residence to establish a process for the exchange and approval of a certification that the child sought to be adopted meets the definition of an adoptable child.
Requires the Secretary to issue a final decision regarding the child's eligibility as an adoptable child within 30 days. Allows an appeal.
Provides for civil penalties and enforcement.
Status of the Legislation
Latest Major Action: 2/2/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
Points in Favor
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Points Against
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Visitor Comments
Mike Krelle
October 1, 2007, 11:07pm (report abuse)see www.christophersinback.com
My recently deceased wife and her first husband adopted an orphan in Greece who was starving to death in 1968. This caused brain severe damage and mental retardation. James and Janet were in Athens, Greece working on a US contract for Lockheed’s F-104 Starfighter which the US Government had given to Greece to help NATO defend itself against the USSR. James was also a Korean War Veteran. The US Embassy in Athens said that Christopher would automatically become a US citizen but instead he is facing deportation for an arson plea bargain in 1990. He was brought to the US when he was 18 months old as a LPR (Legal Permanent Resident) and an IR-3 (an immediate relative).
ICARE would help my handicapped stepson from being deported to where?
He was born in Germany to a Greek guest worker and a German girl and dropped off in Greece by his German mother. His German Citizenship was waived so he could be adopted in Greece and the Greeks don’t recognize him.
Aaron Thoms
May 9, 2008, 11:15am (report abuse)My wife has been to Manila Embassy X3. The 1st 2-times to file I-130. This time, we are giving up on form I-130 due to the two-year “Legal Custody” requirement. Despite Court Decree of "Abandonment" in 2006, the fact that my youngest is now age 6, and that he has lived with me since age 2 as his sole provider we moved on to filing I-600. This time, the counselor informed her that because the adoption process is finalized they are no longer orphans and hence Form I-600 cannot be used. So she again offered them copies, prepared for her previous two visits, of completed I-130’s. With that they again told her that we would not meet criteria for the two-year “Legal Custody”. ICARE would put and end to this insanity.