§ 97.5. Certification of Hague Convention Compliance in an incoming convention case where final adoption occurs in the United States.
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/us/cfr/t22/s§ 97.5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Once the Convention has entered into force for the United States, any person may request the Secretary to certify that a Convention adoption in an incoming case finalized in the United States was done in accordance with the Convention.
(b)Persons seeking such a certification must submit the following documentation:
(1)A copy of the certificate issued by a consular officer pursuant to 22 CFR 42.24(j) certifying that the granting of custody of the child has occurred in compliance with the Convention;
(2)An official copy of the adoption court's order granting the final adoption; and
(3)Such additional documentation and information as the Secretary may request at the Secretary's discretion.
(c)If a person seeking the certification described in paragraph
(a)of this section fails to submit all the documentation and information required pursuant to paragraph
(b)of this section within 120 days of the Secretary's request, the Department may consider the request abandoned.
(d)The Secretary may issue the certification if the Secretary, in the Secretary's discretion, is satisfied that the adoption was made in compliance with the Convention. The Secretary may decline to issue a certification, including to a party to the adoption, in the Secretary's discretion. A certification will not be issued to a non-party requestor unless the requestor demonstrates that the certification is needed to obtain a legal benefit or for purposes of a legal proceeding, as determined by the Secretary in the Secretary's discretion.
(e)A State court's final adoption decree, when based upon the certificate issued by a consular officer pursuant to 22 CFR 42.24(j), certifying that the grant of custody of the child has occurred in compliance with the Convention, or upon its determination that the requirements of Article 17 of the Convention have been met constitutes the certification of the adoption under Article 23 of the Convention.
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§ 97.5
Certification of Hague Convention Compliance in an incoming convention case where final adoption occurs in the United States.
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