A Year of Inaction

Dateline: 01/01/2000

While the Oregon and Tennessee court decisions were highlights of the state legislative year, one of the greatest disappointments of the past year was the failure of the federal government to take definitive action on important adoption-related bills.

THE HAGUE CONVENTION

The United States was one of the original signatories of the 1993 Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, but has not yet ratified it. The Convention sets standards with respect to children's rights, a centralized authority, and procedures for intercountry adoption. Bills were finally submitted in 1999 to both the House of Representatives (HR2909) and Senate (S682), and the scheduled readings took place with ... these results:

On 9/22/99 HR2909 was:
- Referred to the Committee on International Relations and to the Committees on the Judiciary, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Referred to House International Relations.
- Referred to House Judiciary which, on 10/12/99, referred it to the Subcommittee on Immigration and Claims.
- Referred to House Education and the Workforce.
On 10/5/99, hearings were held on S682 by the Committee on Foreign Relations.

and the year ended with no action taken.

SIGNED INTO LAW OCTOBER 6, 2000!

HOPE FOR CHILDREN ACT

This proposed legislation to increase the current adoption tax credit for all adoptions to $10,000 (it is now $5,000), and make the adoption tax credit permanent law, was submitted to the House of Representatives (HR531) and Senate (S341) in February 1999.

What happened?

On 2/3/99 HR531 was referred to the House Committee on Ways and Means.
On 2/3/99 S341 was read and referred to the Committee on Finance.

and the year ended with no action taken.

ADOPTED ORPHANS CITIZENSHIP ACT

This bill would, automatically and retroactively to birth, confer US citizenship upon foreign-born children adopted abroad or adopted in the US. Bill S1485 was introduced in the Senate in August 1999, and a corresponding bill was introduced in the House of Representatives (HR2883). They're on the move!

On 10/21/99 S1485 was sent to the Committee on Judiciary. Ordered to be reported without amendment favorably. Reported to Senate by Senator Hatch without amendment, without written report, and was placed on the Senate Legislative Calendar under General Orders. Calendar No. 337.
On 10/26/99 S1485 passed the Senate without amendment by Unanimous Consent.
On 10/27/99 S1485 was referred to the House Committee on the Judiciary.
On 10/29/99 S1485 was referred to the Subcommittee on Immigration and Claims

and the year ended with no action taken.

Passed by Congress and signed into law by President Clinton on October 30, 2000.

THE CONSEQUENCES

The Hague Convention: Brazil has indicated that steps will be taken to stop out-of-country adoptions by residents of nations that have not ratified the Convention, and now Lithuania is taking steps in the same direction. Other countries to follow?

Hope for Children Act: Current tax treatment of adoption-related expenses will remain in force. The original tax credit cap of $5,000 per adoption ($6,000 for special needs adoptions) remains in effect through 2001.

Adopted Orphans Citizenship Act: While citizenship for adopted children is supposed to be a priority with the INS, it is a cumbersome and often-misunderstood process. Unlike many other countries, your foreign-born or internationally adopted child does not automatically receive citizenship on "adoption day."

YOUR VOICE IS NEEDED

Whatever your stand on this or any other legislation, make your voice heard!

Follow legislative developments in the news and online.
Write or call your Senator(s) and Representative(s) with your opinions on pending bills.
Submit your written testimony when committees are holding hearings.

Get Active

Additional Reading

Hague Convention - description, signatories, and current status from the Hague Conference on Private International Law
Hague Convention - complete text in an easy-to-read format from Kevin McCarty's Adoption Information, Laws and Reforms
Hague Convention - position paper from Bastard Nation
Adoption Tax Credit - full description

More Resources

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