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1975/12/16 HR568 Adoption of an Alien Child by an Unmarried US Citizen
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1975/12/16 HR568 Adoption of an Alien Child by an Unmarried US Citizen
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The original documents are located in Box 34, folder "12/16/75 HR568 Adoption of an
Alien Child by an Unmarried US Citizen" of the White House Records Office: Legislation
Case Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
signed 12/16
APPROVED
ACTION
THE WHITE HOUSE
DEC16
WASHINGTON
Last Day: December 19
December 16, 1975
Posted
MEMORANDUM FOR THE PRESIDENT
12/17
FROM:
JIM CANNON
SUBJECT:
H.R. 568 - Adoption of an Alien
Jo archues
Child by an Unmarried U.S. Citizen
12/17
Attached for your consideration is H.R. 568, sponsored
by Representative Koch, which amends the Immigration
and Nationality Act to permit U.S. citizens who are
unmarried the same standing as married couples in the
adoption of minor alien orphans.
Additional information is provided in OMB's enrolled
bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus), NSC
and I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 568 at Tab B.
FORD & GENALD LIBRARY
Digitized from Box 34 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
STATE PRESIDENT UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
STATE
WASHINGTON, D.C. 20503
DEC 1 2 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 568 - Adoption of an alien
child by an unmarried U.S. citizen
Sponsor - Rep. Koch (D) New York
Last Day for Action
December 19, 1975 - Friday
Purpose
To grant an alien child adopted by an unmarried U.S. citizen
the same immigrant status as an alien child adopted by a U.S.
married couple.
Agency Recommendations
Office of Management and Budget
Approval
Department of Health, Education
Approval
and Welfare
Department of Justice
Approval
Department of State
No objection
Discussion
H.R. 568 amends the Immigration and Nationality Act to accord
unmarried U.S. citizens the same standing as married couples
in the adoption of minor alien orphans. The bill also requires
that (a) the unmarried citizen must be at least twenty-five
years of age, and (b) the Attorney General must be satisfied
that both the single and married citizens will provide the
children with proper care if admitted to the United States.
FORD LIBRANT
2
Under current law, only married U.S. citizens, either having
adopted or wishing to adopt an alien child, may file an
"immediate relative petition" on behalf of the child. The
granting of this petition exempts the child from the numerical
limitations on immigration and permits his or her admission
to the United States as a permanent resident alien. However,
an unmarried U.S. citizen is prevented from filing such a
petition unless the alien child has been adopted abroad and
has since been in the legal custody of, and resided with, the
adopting parent for two years. These extra requirements on
unmarried citizens would be removed by this bill.
The impact of this legislation is limited to the extent that
the laws of various States or foreign jurisdictions permit a
single person to adopt children.
James m. Trey
Assistant Director
for Legislative Reference
Enclosures
FORD is LIBRARY DERALO
DEPARTMENT OF STATE
I
Washington, D.C. 20520
DEC 5 - 1975
Honorable James T. Lynn
Director Office of
Management and Budget
Washington, D.C. 20503
Dear Mr. Lynn:
Reference is made to Mr. Frey's communication of
December 4, 1975, transmitting for comment enrolled
bill H.R. 568 "To grant an alien child adopted by
an unmarried United States citizen the same immigrant
status as an alien child adopted by a United States
citizen and his spouse."
The Department has no objection to the enactment
of this bill.
Sincerely,
Secretary
for Congressional Relations
FUND is GREATO LIBRARY
ASSISTANT ATTORNEY GENERAL
LEGISLATIVE AFFAIRS
Department of Justice
Washington, D.C. 20530
Dcember 5, 1975
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
In compliance with your request, I have examined a
facsimile of the enrolled bill (H.R. 568), "To grant an
alien child adopted by an unmarried United States citizen
the same immigrant status as an alien child adopted by a
United States citizen and his spouse."
H.R. 568 would amend section 101 (b) (1) (F) of the
Immigration and Nationality Act to make it possible for
an unmarried United States citizen who is at least twenty-
five years of age and who has complied with the preadoption
requirements to adopt a minor alien orphan. The current
law allows for adoption of such an orphan by a United States
citizen and his spouse.
The Department of Justice recommends Executive approval
of this measure.
Sincerely,
Michael M. Uhlmann
FOST is ORDATO LIBRARY
REVOLUTION
1776-1978
DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE
U.S.A.
DEC 8 1975
The Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
This is in response to your request for a report on H.R. 568,
an enrolled bill "To grant an alien child adopted by an
unmarried United States citizen the same immigrant status
as an alien child adopted by a United States citizen and his
spouse."
In summary, we support the elimination of unnecessary obstacles
to the adoption of children by unmarried individuals and
therefore recommend that the bill be signed into law.
The bill would amend section 101 (b) (1) (F) of the Immigration
and Nationality Act (8 U.S.C. 1101 (b) (1) (F)) to include in
the definition of "child" for purposes of subchapters I and
II of the Immigration and Nationality Act (relating to
immigration) any child under the age of fourteen who has been
adopted abroad by an unmarried United States citizen at least
twenty-five years of age or who is entering the United States
for the purpose of adoption by an unmarried United States
citizen at least twenty-five years of age. Currently, the
definition of "child" for purposes of immigration into the
United States includes only those children who have been
or will be adopted by married couples.
The bill would also amend the definition of "child" to require
the Attorney General to determine that proper care will be
furnished the child if admitted to the United States. Currently
the law includes a requirement that proper care will be
provided to the child, but does not specify who is to make
that determination.
The bill is similar to H.R. 680 which was introduced in the
Ninety-third Congress. In the Department's bill report on
H.R. 680 to the Committee on the Judiciary of the House of
The Honorable James T. Lynn
2
Representatives we recommended that, subject to some technical
clarification, the bill be favorably considered. The enrolled
bill has been modified to clarify the ambiguities we found
in H.R. 680.
The Department's report on H.R. 680, a copy of which is
enclosed with this report, expressed support for the intent
of the bill--to provide the same immigrant status for children
adopted by unmarried individuals as is provided for children
adopted by married individuals. The Department continues
to adhere to this position and recommends that the bill be
signed into law.
Sincerely,
Acting Secretary
Enclosure
BERRIDO FORD LIGHABI
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
12-12-95.M.
DEC 12 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 568 - Adoption of an alien
child by an unmarried U.S. citizen
Sponsor - Rep. Koch (D) New York
Last Day for Action
December 19, 1975 - Friday
Purpose
To grant an alien child adopted by an unmarried U.S. citizen
the same immigrant status as an alien child adopted by a U.S.
married couple.
Agency Recommendations
Office of Management and Budget
Approval
Department of Health, Education
Approval
and Welfare
Department of Justice
Approval
Department of State
No objection
Discussion
H.R. 568 amends the Immigration and Nationality Act to accord
unmarried U.S. citizens the same standing as married couples
in the adoption of minor alien orphans. The bill also requires
that (a) the unmarried citizen must be at least twenty-five
years of age, and (b) the Attorney General must be satisfied
that both the single and married citizens will provide the
children with proper care if admitted to the United States.
DESALO
LIBRARY
Attached document was not scanned because it is duplicated elsewhere in the document
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: December 12
Time: 700pm
FOR ACTION:
CC (for information): Jack Marsh=
Dick ARrsons on
Jim Cavanaugh
Max Friedersdorf on
Ken Lazarus an
NSC/S an
FROM THE STAFF SECRETARY
DUE: Date:
Time:
December 15
300pm
SUBJECT:
H.R. 568 - Adoption of an alien child by an unmairred U.S.
Citizens
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
FORDO i 07V835 LIBRARY
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
December 15, 1975
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF m.b.
SUBJECT:
H. R. 568 - Adoption of an alien child by an
unmarried U.S. Citizen
The Office of Legislative Affairs concurs with the agencies
that the
subject bill be signed.
Attachments
2000 LIBRARY
THE WHITE HOUSE
ACTION MEMOR
DUM
WASHINGTON
LOG NO.:
Date: December 12
Time:
700pm
FOR ACTION:
CC (for information): Jack Marsh=
Dick Parsons
Jim Cavanaugh
Max Friedersdorf
Ken Lazarus
NSC/S
FROM THE STAFF SECRETARY
DUE: Date:
Time:
December 15
300pm
SUBJECT:
H.R. 568 - Adoption of an alien child by an unmairred U.S.
Citizen
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No objection.
Ken Lazarus
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Jemos
telephone the Staff Secretary immediately.
FOR
the
ACTION MEMORANDUM
LOG NO.:
Date: December 12
Time: 700pm
FOR ACTION:
CC (Tor information): Jack Marsh=
Dick Parsons
Jim Cavanaugh
Max Friedersdorf
Ken Lazarus
NSC/S
FROM THE STAFF SECRETARY
DUE: Date:
Time:
December 15
300pm
SUBJECT:
H.R. 568 - Adoption of an alien child by an unmairred U.S.
Citizen
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Propare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
Recommend Approval
It may
12/15/75
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Jemon
telephone the Stalf Secretary immediately.
FOR
MEMORANDUM
NATIONAL SECURITY COUNCIL
8216
December 15, 1975
MEMORANDUM FOR: JIM CAVANAUGH
FROM:
Jeanne W. Davi
om
SUBJECT:
H.R. 568
The NSC Staff concurs in the memorandum to the President
on H. R. 568.
94TH CONGRESS
}
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-121
GRANTING AN ALIEN CHILD ADOPTED BY AN UNMARRIED UNITED
STATES CITIZEN THE SAME IMMIGRANT STATUS AS AN ALIEN
CHILD ADOPTED BY A UNITED STATES CITIZEN AND HIS SPOUSE
MARCH 26, 1975.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. EILBERG, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 568]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 568) to grant an alien child adopted by an unmarried United
States citizen the same immigrant status as an alien child adopted by
a United States citizen and his spouse, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
PURPOSE OF THE BILL
The purpose of the bill is to grant a child adopted by a single U.S.
citizen the same immediate relative status for immigration purposes
as a child adopted by a U.S. citizen and his spouse.
BACKGROUND OF LEGISLATION
Ninety-third Congress
Similar legislation (H.R. 7555) was unanimously approved by the
Judiciary Committee in the 93d Congress, placed on the Consent Calen-
dar, and approved by the House of Representatives on September 17,
1973.
Ninety-fourth Congress
H.R. 568 is identical to the 93d Congress legislation (H.R. 7555) ex-
cept for the following additional requirement: the prospective adop-
tive parent must be of "good moral character." H.R. 568 was reported
favorably by the Subcommittee on Immigration, Citizenship, and In-
ternational Law on March 6, 1975, and was ordered favorably reported
by the full Committee on the Judiciary by unanimous voice vote on
March 11, 1975.
38-006
2
3
GENERAL INFORMATION
only to those who have a priority registration
earlier.
Under section 201 (b) of the Immigration and Nationality Act, "im-
DEPARTMENTAL POSITIO
mediate relatives" are defined as the children, spouses and parents of
a U.S. citizen and in the cases of parents the citizen child must be at
Although departmental reports have not be
least 21 years of age. Furthermore, the category "child" is defined in
departmental reports on similar legislation
Section 101 (b) of such Act to include an unmarried person under 21
Congress indicate that this legislation is support
years of age who is: 1) a legitimate child; 2) a stepchild; 3) a legiti-
of State, Justice, and Health, Education, and
mated child; 4) an illegitimate child through its natural mother; 5) an
568 was drafted to conform with the recomn
adopted child under the age of 14 who has resided with the adopting
the reports on H.R. 680. Copies of these reports
parent or parents for at least two years; and 6) an orphan.
In order to qualify as an orphan under section 101 (b) (1) (F), the
DEPAR
child must be under the age of 14 at the time an immediate relative
Washington
petition is filed in his behalf and who is an orphan because of the death
Hon. PETER W. RODINO, Jr.,
or disappearance, abandonment of or desertion by, or separation or loss
Chairman, Committee on the Judiciary,
from both parents or for whom the sole-surviving parent is incapable
House of Representatives, Washington, D.C.
of providing proper care. This section also requires that the immediate
DEAR MR. CHAIRMAN: Secretary Rogers ha
relative petition in behalf of an orphan must be filed by a U.S. citizen
your letter of February 15, 1973, enclosing for
and his spouse who have adopted the orphan abroad or who intend to
and report a copy of H.R. 680, "A bill to gra
adopt the orphan after his admission to the United States. This pro-
single United States citizen the same immig
vision also requires the preadoption requirements of a state to be met
adopted by a United States citizen and his spor
prior to approval of the immediate relative petition.
The bill would, if enacted, make it possible f
H.R. 568 would amend section 101 (b) (1) (F) of the Immigration
States citizen to petition the Immigration and
and Nationality Act to provide that an unmarried person could file an
to accord the status of "child" under section
immediate relative petition for an otherwise eligible orphan. The Sub-
Immigration and Nationality Act, to a min
committee is aware of many instances in which unmarried aunts of the
the citizen either had adopted abroad or desire
orphan child and widows, who are desirous of adopting orphans, are
States after entry.
unable to satisfy the statutory requirements. Furthermore, on several
The Department is entirely sympathetic t
occasions, existing law has created undue hardship and inconvenience
proposed legislation, especially since we have
for single U.S. citizens, who are attempting to bring in children whom
cases in which an unmarried United States
a
they have adopted abroad. In addition, the Committee recognizes that
ficulty in obtaining an immigrant visa for a n
there has been a continuing trend in state legislatures to enact legisla-
tion authorizing single persons to adopt children. In this regard, it
she had adopted or intended to adopt simply b
could not be classified as a child under sect
should be emphasized that the impact of this legislation is properly
limited to the extent that the laws of the various States or the appli-
could not meet the residence and custody require
cable law in foreign jurisdiction permit a single person to adopt
tion under section 101 (b) (1) (E). It should be
children.
that the practical effect of this legislation migh
extent that the laws of the various states of th
Furthermore, the subcommittee was advised by officials of the
Department of State that a provision such as H.R. 568 would remove
applicable law in foreign jurisdictions would
one of the most serious impediments to the adoption of Vietnamese
to adopt children.
orphans by U.S. citizens. As noted, current law makes it extremely
In view of the fact that petitions to accor
difficult for a single American to bring a Vietnamese orphan into this
status of a "child" for immigration purposes
country. In effect, it prevents a single person from filing a petition for
Immigration and Naturalization Service whi
the admission of a Vietnamese orphan unless the child has been adopted
that the preadoption requirements, if any, of
abroad, is in the legal custody of, and has resided with, the adoptive
residence have been compiled with, the Depar
parent for a period of 2 years. Unless these requirements are met and
comments of the Department of Justice on thi
in the majority of cases they are not, the child must be registered for
The Office of Management and Budget advis
a nonpreference visa number.
point of the Administration's program there
While nonpreference visa numbers are currently available for all
submission of this report.
countries of the Eastern Hemisphere except Korea, experience has
Sincerely yours,
MARSHA
demonstrated that such numbers may become unavailable at any time.
Furthermore, Korean nonpreference visas are currently being issued
Acting Assisto
Con
H.R. 121
4
5
DEPARTMENT OF JUSTICE,
Washington, D.C., April 25, 1973.
The bill would amend section 101 (b) (1)
and Nationality Act (8 U.S.C. 1101 (b) (1)
Hon. PETER W. RODINO, Jr.,
definition of "child" for purposes of Subch
Chairman, Committee on the Judiciary,
Immigration and Nationality Act (retatin
House of Representatives, Washington, D.C.
child under the age of fourteen who has be
DEAR MR. CHAIRMAN This is in response to your request for the
United States citizen or who is coming to
views of the Department of Justice on H.R. 680, a bill "To grant a
adoption by a United States citizen. Curren
child adopted by a single United States citizen the same immigrant
the definition of "child" one who is under
-
status as a child adopted by a United States citizen and his spouse."
has been adopted abroad by a United State
Under existing law only a United States citizen and his spouse may
who personally saw and observed the child
file a petition for an adopted orphan child or an orpahan child coming
adoption proceeding or who is coming to the
to the United States for adoption pursuant to section 101 (b) (1) (F).
tion by a United States citizen and spouse
of
The administrative rulings hold that an unmarried person may not
petition for immediate relative status for an otherwise eligible
residence. the preadoption requirements, if any, of
adopted orphan. Matter of Lovell, 11 I. & N. Dec. 473 (1966) ; Matter
We support the intent of H.R. 680-to I
of
D
8I. & N. Dec. 628 (1960).
gration status for children adopted by unm
This bill would amend section 101 (b) (1) (F) of the Act to pro-
currently provided for children adopted by n
vide that an unmarried person could file such a petition. This amend-
trend of State adoption laws in recent years
ment would overcome such administrative decisions as those cited
tion of permitting adoptions by unmarried
above wherein unmarried aunts of the orphan child, respectively a
it is important for our immigration laws to
widow and a divorcee, were found not to meet the statutory
treating the children of such adoptions the
requirement.
by married couples.
It is the view of the Department of Justice that the objective of the
We believe, however, that the bill should be
bill is desirable. Many state statutes permit adoption by single per-
points which now appear ambiguous. It is no
sons. (See compilation set forth in H.R. 1086, 87th Cong., 1st Sess.
ments applicable to married couples (i.e., that
1961, pp. 13-21.) However, as proposed the bill could be interpreted
the child prior to or during adoption abroad
as making it possible for a married person to petition for an orphan
with the preadoption requirements of the ch
without the consent of his spouse. It is the view of the Department
in the case of a child coming to the Unite
that this is undesirable. Instead, the Committee may wish to leave
would be applicable to a single individual.
I
undisturbed the present language of the section, adding after the word
the term "United States citizen", it is not suf
"spouse" a comma and the words "if he has a spouse" followed by a
is no intent to include a married individual W
comma, wherever "spouse" appears in the section.
spouse. For these reasons, we propose striki
If revised as suggested, the Department of Justice would have no
10 of the bill, and inserting in lieu thereof the
objection to the enactment of this legislation.
(1) by inserting or an unmarried
The Office of Management and Budget has advised that there is no
after "and his spouse", and
objection to the submission of this report from the satndpoint of the
(2) by inserting or an unmarried U1
administration's program.
has," after "spouse who have".
Sincerely,
With these changes, we would recommend
MIKE McKEVITT,
ably considered.
Assistant Attorney General.
We are advised by the Office of Management
is no objection to the presentation of this
-
point of the Administration's program.
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,
Sincerely,
Washington, D.C., June 11, 1973.
FRA
Hon. PETER W. RODINO, Jr.,
Chairman. Committee an the Judiciary,
ESTIMATE OF COST
House of Representatives, Washington, D.C.
Pursuant to the requirements of clause 7 of
DEAR MR. CHAIRMAN: This letter is in response to your request of
February 15, 1973, for a report on H.R. 680, a bill "To grant a child
of the House of Representatives, the committe
adopted by a single United States citizen the same immigrant status
ment of this legislation will result in no incre
as a child adopted by a United States citizen and his spouse."
H.R. 121
7
6
BUDGETARY INFORMATION
ing to the United States for adoption by an unm
citizen of good moral character or by a United Sta
Clause 2(1) (3) (B) and (C) of rule XI are inapplicable because
[who have complied] who has or have complied
this legislation does not provide new budget authority and no estimate
requirements, if any, of the child's proposed resid
or comparison has been received from the Director of the Congressional
no natural parent or prior adoptive parent of
Budget Office.
thereafter, by virtue of such parentage, be
OVERSIGHT STATEMENTS
privilege, or status under this Act.
Pursuant to clause 2(1) (3) (A) of rule XI of the Rules of the House
of Representatives, the Subcommittee on Immigration, Citizenship,
and International Law has been charged by the Committee on the
Judiciary with the responsibility of overseeing the administration of
the Immigration and Nationality Act by the Departments of State,
Justice, and Labor. Consequently, that subcommittee will closely mon-
itor the implementation of this amendment to the Immigration and
Nationality Act.
Clause 2(1) (3) (D) of rule XI of the Rules of the House of Repre-
sentatives is inapplicable since no oversight findings and recommenda-
tions have been received from the Committee on Government
Operations.
INFLATIONARY IMPACT STATEMENT
Pursuant to clause 2(1) (4) of rule XI of the Rules of the House of
Representatives, the committee estimates that this bill will have no
inflationary effect on prices and costs in the operation of the national
economy.
COMMITTEE RECOMMENDATION
The committee, after careful and detailed consideration of all the
facts and circumstances involved in this legislation, is of the opinion
that this bill should be enacted and accordingly recommends that
H.R. 568 do pass.
CHANGES IN EXISTING LAW
In compliance with paragraph 2 of clause 3 of rule XIII of the Rules
of the House of Representatives, changes in existing law made by the
bill are shown as follows (new matter is printed in italic. matter pro-
posed to be omitted is printed in black brackets, existing law in which
no change is proposed is printed in roman).
SECTION 101 (b) (1) (F) OF THE IMMIGRATION AND NATIONALITY ACT
(F) a child, under the age of fourteen at the time a petition is filed
in his behalf to accord a classification as an immediate relative under
section 201 (b), who is an orphan because of the death or disappearance
of, abandonment or desertion by, or separation or loss from, both
parents, or for whom the sole or surviving parent is incapable of pro-
viding the proper care which will be provided the child if admitted
to the United States and who has in writing irrevocably released the
child for emigration and adoption; who has been adopted abroad by
an unmarried United States citizen of good moral character or by a
United States citizen and his spouse who personally saw and observed
the child prior to or during the adoption proceedings; or who is com-
H.R. 121
Calendar No. 452
94TH CONGRESS
1st Session
-
SENATE
REPORT
No. 94-464
GRANTING AN ALIEN CHILD ADOPTED BY AN UNMARRIED U.S. CITI-
ZEN THE SAME IMMIGRANT STATUS AS AN ALIEN CHILD ADOPTED
BY A U.S. CITIZEN AND HIS SPOUSE
NOVEMBER 20 (legislative day, NOVEMBER 18), 1975.-Ordered to be printed
Mr. EASTLAND, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 568]
The Committee on the Judiciary, to which was referred the bill
(H.R. 568) to grant an alien child adopted by an unmarried United
States citizen the same immigrant status as an alien child adopted by a
United States citizen and his spouse, having considered the same, re-
ports favorably thereon with an amendment in the nature of a substi-
tute and recommends that the bill, as amended, do pass.
AMENDMENT
Strike all after the enacting clause and insert in lieu thereof, the
following:
That section 101 (b) (1) (F) of the Immigration and Nationality Act (8 U.S.C.
1101 (b) (1) (F) is amended to read as follows: "(F) a child, under the age of
fourteen at the time a petition is filed in his behalf to accord a classification as an
immediate relative under section 201 (b), who is an orphan because of the death
or disappearance of, abandonment or desertion by, or separation or loss from, both
parents, or for whom the sole or surviving parent is incapable of providing the
proper care and has in writing irrevocably released the child for emigration and
adoption; who has been adopted abroad by a United States citizen and spouse
jointly, or by an unmarried United States citizen at least 25 years of age, who
personally saw and observed the child prior to or during the adoption proceedings
or who is coming to the United States for adoption by a United States citizen and
spouse jointly, or by an unmarried United States citizen at least 25 years of age,
who have or has complied with the preadoption requirements, if any, of the child's
proposed residence: Provided, That the Attorney General is satisfied that proper
57-007 0
2
3
care will be furnished the child if admitted to the United States: Provided
further, That no natural parent or prior adoptive parent of any such child shall
single United States citizen the same immigr
thereafter, by virtue of such parentage, be accorded any right, privilege, or status
adopted by a United States citizen and his sp
under this Act."
The bill would, if enacted, make it possible for
States citizen to petition the Immigration and I
PURPOSE OF THE BILL
to accord the status of "child" under section
Immigration and Nationality Act, to a minor a
The purpose of the bill, as amended, is to grant a child adopted by
citizen either had adopted abroad or desired to
a single U.S. citizen the same immediate relative status for immigra-
States after entry.
tion purposes as a child adopted by a U.S. citizen and his spouse
The Department is entirely sympathetic to
jointly. The bill has been amended to provide that an unmarried U.S.
proposed legislation, especially since we have
citizen adoptive parent must be at least 25 years old. In addition, the
cases in which an unmarried United States cit
Attorney General is given discretionary authority to withhold or
ficulty in obtaining an immigrant visa for a mi
refuse approval of a petition unless he "is satified that proper care
she had adopted or intended to adopt simply be
will be furnished to the child if admitted to the United States."
could not be classified as a child under sectic
could not meet the residence and custody requi
STATEMENT
tion under section 101 (b) (1) (E). It should be
Section 101 (b) (1) (F) of the Immigration and Nationality Act gives
that the practical effect of this legislation might
extent that the laws of the various states of the
preferential immigrant status to an alien child adopted by a United
States citizen and spouse. The bill, as passed by the House, would allow
applicable law in foreign jurisdictions would I
the adoption to be made not only by a married couple but also by "an
to adopt children.
unmarried United States citizen of good moral character." Since the
In view of the fact that petitions to accord
moral character requirement is not imposed on a married couple, the
status of a "child" for immigration purposes I
implication is that it may be of no consequence so long as the adoptive
Immigration and Naturalization Service which
parents are a married couple.
that the preadoption requirements, if any, of
The bill, as amended by the Senate, would allow an adoption to be
residence have been complied with, the Departi
made by an unmarried United States citizen but provides that such
comments of the Department of Justice on this
adoptive parent must be at least 25 years old. This will help to assure
The Office of Management and Budget advise
a degree of maturity-more important where there is only one parent
point of the Administration's program there
responsible for the child.
submission of this report.
The Attorney General would be given discretionary authority to
Sincerely yours,
MARSHAL
withhold or refuse approval of a petition unless he "is satisfied that
proper care will be furnished to the child if admitted to the United
Acting Assistant
States." The current statute uses similar language, but indirectly and
Cong
ambiguously. It is intended that by rewriting and repositioning this
A letter dated April 25, 1973 to the chairmar
language in section (b) (1) (F) it will be clear that unless a proper
the Judiciary, House of Representatives, from t
home environment seems assured for the child, as determined by the
General with reference to H.R. 680 reads as fo
Attorney General, the petition will have to be denied.
DEPARTME
Although departmental reports were not received on the instant bill,
Washington, D
reports on similar legislation (H.R. 680) of the 93d Congress were
received.
Hon. PETER W. RODINO, Jr.,
A letter dated April 25, 1973 to the chairman of the Committee on
Chairman, Committee on the Judiciary,
the Judiciary, House of Representatives, from the Acting Assistant
House of Representatives, Washington, D.C.
Secretary for Congressional Relations, U.S. Department of State,
DEAR MR. CHAIRMAN: This is in response to
with reference to H.R. 680 reads as follows:
views of the Department of Justice on H.R. 6
child adopted by a single United States citizer
DEPARTMENT OF STATE,
status as a child adopted by a United States ci
Washington, D.C., April 25, 1973.
Under existing law only a United States citiz
Hon. PETER W. RODINO, Jr.,
file a petition for an adopted orphan child or an
Chairman, Committee on the Judiciary,
to the United States for adoption pursuant to S si
House of Representatives, Washington, D.C.
The administrative rulings hold that an unma
DEAR MR. CHAIRMAN Secretary Rogers has asked me to reply to
petition for immediate relative status for an othe
your letter of February 15, 1973, enclosing for the Department's study
orphan. Matter of Lovell, 11 I. & N. Dec. 473 (19
and report a copy of H.R. 680, "A bill to grant a child adopted by a
8I. & N. Dec. 628 (1960).
4
5
This bill would amend section 101 (b) (1) (F) of the Act to pro-
We support the intent of H. R. 680-to provide
vide that an unmarried person could file such a petition. This amend-
tion status for children adopted by unmarried il
ment would overcome such administrative decisions as those cited
rently provided for children adopted by marri
above wherein unmarried aunts of the orphan child, respectively a
trend of State adoption laws in recent years has
widow and a divorcee, were found not to meet the statutory require-
of permitting adoptions by unmarried individus
ment.
important for our immigation laws to recognize tl
It is the view of the Department of Justice that the objective of the
the children of such adoptions the same as those
bill is desirable. Many state statutes permit adoption by single per-
couples.
sons. (See compilation set forth in H.R. 1086, 87th Cong., 1st Sess.
We believe, however, that the bill should be am
1961, pp. 13-21.) However, as proposed the bill could be interpreted
points which now appear ambiguous. It is not cl
as making it possible for a married person to petition for an orphan
ments applicable to married couples (i.e., that th
without the consent of his spouse. It is the view of the Department
the child prior to or during adoption abroad or
that this is undesirable. Instead, the Committee may wish to leave
with the preadoption requirements of the child's
undisturbed the present language of the section, adding after the word
in the case of a child coming to the United States
"spouse" a comma and the words "if he has a spouse" followed by a
be applicable to a single individual, Furthermore
comma, wherever "spouse" appears in the section.
"United States citizen", it is not sufficiently clear t
If revised as suggested, the Department of Justice would have no
to include a married individual who is acting wit
objection to the enactment of this legislation.
these reasons. we propose striking out lines 5 th:
The Office of Management and Budget has advised that there is no
and inserting in lieu thereof the following:
objection to the submission of this report from the standpoint of the
(1) by inserting ", or an unmarried Un
administration's program.
after "and his spouse", and
Sincerely,
(2) by inserting ", or an unmarried Unite
MIKE MCKEVITT,
has," after "spouse who have".
Assistant Attorney General.
With these changes, we would recommend that
considered.
A letter dated June 11, 1973 to the chairman, Committee on the
We are advised by the Office of Management an
Judiciary, House of Representatives, from the Acting Secretary of the
is no objection to the presentation of this report
Department of Health, Education, and Welfare with reference to H.R.
of the Administration's program.
680 reads as follows:
Sincerely,
FRANK
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,
RECOMMENDATION
Washington, D.C., June 11, 1973.
Hon. PETER W. RODINO, Jr.,
The committee, after consideration of all the fa
Chairman, Committee on the Judiciary,
that the bill (H.R. 568), as amended, should be ena
House of Representatives, Washington, D.C.
DEAR MR. CHAIRMAN: This letter is in response to your request of
CHANGES IN EXISTING LAW
February 15, 1973, for a report on H.R. 680, a bill "To grant a child
adopted by a single United States citizen the same immigrant status
In compliance with subsection 4 of rule XX
as a child adopted by a United States citizen and his spouse."
Rules of the Senate, changes in existing law ma
The bill would amend section 101 (b) (1) (F) of the Immigration
ported, are shown as follows (new material is prin
and Nationality Act (8 U.S.C. 1101 (b) (1) (F)) to include in the
law in which no change is proposed is shown in
definition of "child" for purposes of Subchapters I and IT of the
proposed to be omitted is printed in black bracke
Immigration and Nationality Act (relating to immigration) any child
under the age of fourteen who has been adopted abroad by a United
SECTION 101 (b) (1) (F) OF THE IMMIGRATION AN
States citizen or who is coming to the United States for adoption by
a United States citizen. Currently, the law includes in the definition
(F) a child, under the age of fourteen at the ti
of "child" one who is under the age of fourteen and has been adopted
in his behalf to accord a classification as an imme
abroad by a United States citizen and his spouse who personally saw
section 201 (b), who is an orphan because of the de
and observed the child prior to or during the adoption proceeding or
of, abandonment or desertion by, or separation
who is coming to the United States for adoption by a United States
parents, or for whom the sole or surving parent
citizen and spouse who have complied with the preadoption require-
viding the proper care [which will be provided
t
ments, if any, of the child's proposed residence.
to the United States] and [who] has in writing
6
the child for emigration and adoption; who has been adopted abroad
by a United States citizen and [his] spouse jointly, or by an unmarried
United States citizen at least 25 years of age, who personally saw and
observed the child prior to or during the adoption proceedings; or
who is coming to the United States for adoption by a United States
citizen and spouse jointly, or by an unmarried United States citizen at
least 25 years of age, who have or has complied with the preadoption
requirements, if any, of the child's proposed residence: Provided,
That the Attorney General is satisfied that proper care will be fur-
nished the child if admitted to the United States: Provided further,
That no natural parent or prior adoptive parent of any such child shall
thereafter, by virtue of such parentage, be accorded any right, privi-
lege, or status under this Act.
CORRECTED SHEET
H. R. 568
Ninety-fourth Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the fourteenth day of January,
one thousand nine hundred and seventy-five
An Act
To grant an alien child adopted by an unmarried United States citizen the
same immigrant status as an alien child adopted by a United States citizen
and his spouse.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 101 (b)
(1) (F) of the Immigration and Nationality Act (8 U.S.C. 1101 (b)
(1) (F)) is amended to read as follows:
(F) a child, under the age of fourteen at the time a petition
is filed in his behalf to accord a classification as an immediate rela-
tive under section 201 (b), who is an orphan because of the death
or disappearance of, abandonment or desertion by, or separation
or loss from, both parents, or for whom the sole or surviving
parent is incapable of providing the proper care and has in
writing irrevocably released the child for emigration and adop-
tion; who has been adopted abroad by a United States citizen
and spouse jointly, or by an unmarried United States citizen at
least twenty-five years of age, who personally saw and observed
the child prior to or during the adoption proceedings; or who is
coming to the United States for adoption by a United States
citizen and spouse jointly, or by an unmarried United States
citizen at least twenty-five years of age, who have or has com-
plied with the preadoption requirements, if any, of the child's
proposed residence: Provided, That the Attorney General is satis-
fied that proper care will be furnished the child if admitted to the
United States: Provided further, 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 Act.".
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
December 8, 1975
Dear Mr. Director:
The following bills were received at the White
House on December 8th:
H.R. 5681
H.R. 666g
Please let the President have reports and
recommendations as to the approval of these bills
as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C.