§ 96.55. Performance of Convention communication and coordination functions in outgoing Convention cases.
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/us/cfr/t22/s§ 96.55·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The agency or person keeps the Central Authority of the Convention country and the Secretary informed as necessary about the adoption process and the measures taken to complete it, as well as about the progress of the placement if a probationary period is required.
(b)The agency or person ensures that:
(1)Copies of all documents from the State court proceedings, including the order granting the adoption or legal custody, are provided to the Secretary;
(2)Any additional information on the adoption is transmitted to the Secretary promptly upon request; and
(3)It otherwise facilitates, as requested, the Secretary's ability to provide the certification that the child has been adopted or that custody has been granted for the purpose of adoption, in accordance with the Convention and the IAA.
(c)When transfer of the child does not take place, the agency or person must consider the specific requirements, if any, of competent authorities in either the State or in the receiving country and the preference of the prospective adoptive parents in its determination of the disposition of the home study on the prospective adoptive parent(s) and/or the child background study.
(d)The agency or person provides to the State court with jurisdiction over the adoption:
(1)Proof that consents have been given as required in § 96.53(c);
(2)A copy in English or certified English translation of the home study on the prospective adoptive parent(s) in the Convention country, and the determination by the agency or person that the placement with the prospective adoptive parent(s) is in the child's best interests;
(3)Evidence that the prospective adoptive parent(s) in the Convention country agree to the adoption;
(4)Evidence that the child will be authorized to enter and reside permanently in the Convention country or on the same basis as that of the prospective adoptive parent(s); and
(5)Evidence that the Central Authority of the Convention country has agreed to the adoption, if such consent is necessary under its laws for the adoption to become final.
(e)The agency or person makes the showing required by § 96.54(b) to the State court with jurisdiction over the adoption.
(f)The agency or person takes all necessary and appropriate measures to perform any tasks in a Convention adoption case that the Secretary has identified, consistent with this Part, as required to comply with the Convention, the IAA, or any regulations implementing the IAA.