[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1376 Enrolled Bill (ENR)]
S.1376
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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;
``(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. 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 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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.