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    "title": "1975/12/16 HR568 Adoption of an Alien Child by an Unmarried US Citizen",
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    "ocrText": "The original documents are located in Box 34, folder \"12/16/75 HR568 Adoption of an\nAlien Child by an Unmarried US Citizen\" of the White House Records Office: Legislation\nCase Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\nsigned 12/16\nAPPROVED\nACTION\nTHE WHITE HOUSE\nDEC16\nWASHINGTON\nLast Day: December 19\nDecember 16, 1975\nPosted\nMEMORANDUM FOR THE PRESIDENT\n12/17\nFROM:\nJIM CANNON\nSUBJECT:\nH.R. 568 - Adoption of an Alien\nJo archues\nChild by an Unmarried U.S. Citizen\n12/17\nAttached for your consideration is H.R. 568, sponsored\nby Representative Koch, which amends the Immigration\nand Nationality Act to permit U.S. citizens who are\nunmarried the same standing as married couples in the\nadoption of minor alien orphans.\nAdditional information is provided in OMB's enrolled\nbill report at Tab A.\nOMB, Max Friedersdorf, Counsel's Office (Lazarus), NSC\nand I recommend approval of the enrolled bill.\nRECOMMENDATION\nThat you sign H.R. 568 at Tab B.\nFORD & GENALD LIBRARY\nDigitized from Box 34 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library\nSTATE PRESIDENT UNITED\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nSTATE\nWASHINGTON, D.C. 20503\nDEC 1 2 1975\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 568 - Adoption of an alien\nchild by an unmarried U.S. citizen\nSponsor - Rep. Koch (D) New York\nLast Day for Action\nDecember 19, 1975 - Friday\nPurpose\nTo grant an alien child adopted by an unmarried U.S. citizen\nthe same immigrant status as an alien child adopted by a U.S.\nmarried couple.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Health, Education\nApproval\nand Welfare\nDepartment of Justice\nApproval\nDepartment of State\nNo objection\nDiscussion\nH.R. 568 amends the Immigration and Nationality Act to accord\nunmarried U.S. citizens the same standing as married couples\nin the adoption of minor alien orphans. The bill also requires\nthat (a) the unmarried citizen must be at least twenty-five\nyears of age, and (b) the Attorney General must be satisfied\nthat both the single and married citizens will provide the\nchildren with proper care if admitted to the United States.\nFORD LIBRANT\n2\nUnder current law, only married U.S. citizens, either having\nadopted or wishing to adopt an alien child, may file an\n\"immediate relative petition\" on behalf of the child. The\ngranting of this petition exempts the child from the numerical\nlimitations on immigration and permits his or her admission\nto the United States as a permanent resident alien. However,\nan unmarried U.S. citizen is prevented from filing such a\npetition unless the alien child has been adopted abroad and\nhas since been in the legal custody of, and resided with, the\nadopting parent for two years. These extra requirements on\nunmarried citizens would be removed by this bill.\nThe impact of this legislation is limited to the extent that\nthe laws of various States or foreign jurisdictions permit a\nsingle person to adopt children.\nJames m. Trey\nAssistant Director\nfor Legislative Reference\nEnclosures\nFORD is LIBRARY DERALO\nDEPARTMENT OF STATE\nI\nWashington, D.C. 20520\nDEC 5 - 1975\nHonorable James T. Lynn\nDirector Office of\nManagement and Budget\nWashington, D.C. 20503\nDear Mr. Lynn:\nReference is made to Mr. Frey's communication of\nDecember 4, 1975, transmitting for comment enrolled\nbill H.R. 568 \"To grant an alien child adopted by\nan unmarried United States citizen the same immigrant\nstatus as an alien child adopted by a United States\ncitizen and his spouse.\"\nThe Department has no objection to the enactment\nof this bill.\nSincerely,\nSecretary\nfor Congressional Relations\nFUND is GREATO LIBRARY\nASSISTANT ATTORNEY GENERAL\nLEGISLATIVE AFFAIRS\nDepartment of Justice\nWashington, D.C. 20530\nDcember 5, 1975\nHonorable James T. Lynn\nDirector, Office of Management\nand Budget\nWashington, D. C. 20503\nDear Mr. Lynn:\nIn compliance with your request, I have examined a\nfacsimile of the enrolled bill (H.R. 568), \"To grant an\nalien child adopted by an unmarried United States citizen\nthe same immigrant status as an alien child adopted by a\nUnited States citizen and his spouse.\"\nH.R. 568 would amend section 101 (b) (1) (F) of the\nImmigration and Nationality Act to make it possible for\nan unmarried United States citizen who is at least twenty-\nfive years of age and who has complied with the preadoption\nrequirements to adopt a minor alien orphan. The current\nlaw allows for adoption of such an orphan by a United States\ncitizen and his spouse.\nThe Department of Justice recommends Executive approval\nof this measure.\nSincerely,\nMichael M. Uhlmann\nFOST is ORDATO LIBRARY\nREVOLUTION\n1776-1978\nDEPARTMENT OF HEALTH, EDUCATION. AND WELFARE\nU.S.A.\nDEC 8 1975\nThe Honorable James T. Lynn\nDirector, Office of Management\nand Budget\nWashington, D. C. 20503\nDear Mr. Lynn:\nThis is in response to your request for a report on H.R. 568,\nan enrolled bill \"To grant an alien child adopted by an\nunmarried United States citizen the same immigrant status\nas an alien child adopted by a United States citizen and his\nspouse.\"\nIn summary, we support the elimination of unnecessary obstacles\nto the adoption of children by unmarried individuals and\ntherefore recommend that the bill be signed into law.\nThe bill would amend section 101 (b) (1) (F) of the Immigration\nand Nationality Act (8 U.S.C. 1101 (b) (1) (F)) to include in\nthe definition of \"child\" for purposes of subchapters I and\nII of the Immigration and Nationality Act (relating to\nimmigration) any child under the age of fourteen who has been\nadopted abroad by an unmarried United States citizen at least\ntwenty-five years of age or who is entering the United States\nfor the purpose of adoption by an unmarried United States\ncitizen at least twenty-five years of age. Currently, the\ndefinition of \"child\" for purposes of immigration into the\nUnited States includes only those children who have been\nor will be adopted by married couples.\nThe bill would also amend the definition of \"child\" to require\nthe Attorney General to determine that proper care will be\nfurnished the child if admitted to the United States. Currently\nthe law includes a requirement that proper care will be\nprovided to the child, but does not specify who is to make\nthat determination.\nThe bill is similar to H.R. 680 which was introduced in the\nNinety-third Congress. In the Department's bill report on\nH.R. 680 to the Committee on the Judiciary of the House of\nThe Honorable James T. Lynn\n2\nRepresentatives we recommended that, subject to some technical\nclarification, the bill be favorably considered. The enrolled\nbill has been modified to clarify the ambiguities we found\nin H.R. 680.\nThe Department's report on H.R. 680, a copy of which is\nenclosed with this report, expressed support for the intent\nof the bill--to provide the same immigrant status for children\nadopted by unmarried individuals as is provided for children\nadopted by married individuals. The Department continues\nto adhere to this position and recommends that the bill be\nsigned into law.\nSincerely,\nActing Secretary\nEnclosure\nBERRIDO FORD LIGHABI\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\n12-12-95.M.\nDEC 12 1975\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 568 - Adoption of an alien\nchild by an unmarried U.S. citizen\nSponsor - Rep. Koch (D) New York\nLast Day for Action\nDecember 19, 1975 - Friday\nPurpose\nTo grant an alien child adopted by an unmarried U.S. citizen\nthe same immigrant status as an alien child adopted by a U.S.\nmarried couple.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Health, Education\nApproval\nand Welfare\nDepartment of Justice\nApproval\nDepartment of State\nNo objection\nDiscussion\nH.R. 568 amends the Immigration and Nationality Act to accord\nunmarried U.S. citizens the same standing as married couples\nin the adoption of minor alien orphans. The bill also requires\nthat (a) the unmarried citizen must be at least twenty-five\nyears of age, and (b) the Attorney General must be satisfied\nthat both the single and married citizens will provide the\nchildren with proper care if admitted to the United States.\nDESALO\nLIBRARY\nAttached document was not scanned because it is duplicated elsewhere in the document\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: December 12\nTime: 700pm\nFOR ACTION:\nCC (for information): Jack Marsh=\nDick ARrsons on\nJim Cavanaugh\nMax Friedersdorf on\nKen Lazarus an\nNSC/S an\nFROM THE STAFF SECRETARY\nDUE: Date:\nTime:\nDecember 15\n300pm\nSUBJECT:\nH.R. 568 - Adoption of an alien child by an unmairred U.S.\nCitizens\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\nFORDO i 07V835 LIBRARY\ndelay in submitting the required material, please\nK. R. COLE, JR.\ntelephone the Staff Secretary immediately.\nFor the President\nTHE WHITE HOUSE\nWASHINGTON\nDecember 15, 1975\nMEMORANDUM FOR:\nJIM CAVANAUGH\nFROM:\nMAX L. FRIEDERSDORF m.b.\nSUBJECT:\nH. R. 568 - Adoption of an alien child by an\nunmarried U.S. Citizen\nThe Office of Legislative Affairs concurs with the agencies\nthat the\nsubject bill be signed.\nAttachments\n2000 LIBRARY\nTHE WHITE HOUSE\nACTION MEMOR\nDUM\nWASHINGTON\nLOG NO.:\nDate: December 12\nTime:\n700pm\nFOR ACTION:\nCC (for information): Jack Marsh=\nDick Parsons\nJim Cavanaugh\nMax Friedersdorf\nKen Lazarus\nNSC/S\nFROM THE STAFF SECRETARY\nDUE: Date:\nTime:\nDecember 15\n300pm\nSUBJECT:\nH.R. 568 - Adoption of an alien child by an unmairred U.S.\nCitizen\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nNo objection.\nKen Lazarus\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJemos\ntelephone the Staff Secretary immediately.\nFOR\nthe\nACTION MEMORANDUM\nLOG NO.:\nDate: December 12\nTime: 700pm\nFOR ACTION:\nCC (Tor information): Jack Marsh=\nDick Parsons\nJim Cavanaugh\nMax Friedersdorf\nKen Lazarus\nNSC/S\nFROM THE STAFF SECRETARY\nDUE: Date:\nTime:\nDecember 15\n300pm\nSUBJECT:\nH.R. 568 - Adoption of an alien child by an unmairred U.S.\nCitizen\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPropare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nRecommend Approval\nIt may\n12/15/75\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJemon\ntelephone the Stalf Secretary immediately.\nFOR\nMEMORANDUM\nNATIONAL SECURITY COUNCIL\n8216\nDecember 15, 1975\nMEMORANDUM FOR: JIM CAVANAUGH\nFROM:\nJeanne W. Davi\nom\nSUBJECT:\nH.R. 568\nThe NSC Staff concurs in the memorandum to the President\non H. R. 568.\n94TH CONGRESS\n}\nHOUSE OF REPRESENTATIVES\nREPORT\n1st Session\nNo. 94-121\nGRANTING AN ALIEN CHILD ADOPTED BY AN UNMARRIED UNITED\nSTATES CITIZEN THE SAME IMMIGRANT STATUS AS AN ALIEN\nCHILD ADOPTED BY A UNITED STATES CITIZEN AND HIS SPOUSE\nMARCH 26, 1975.-Committed to the Committee of the Whole House on the State\nof the Union and ordered to be printed\nMr. EILBERG, from the Committee on the Judiciary,\nsubmitted the following\nREPORT\n[To accompany H.R. 568]\nThe Committee on the Judiciary, to whom was referred the bill\n(H.R. 568) to grant an alien child adopted by an unmarried United\nStates citizen the same immigrant status as an alien child adopted by\na United States citizen and his spouse, having considered the same,\nreport favorably thereon without amendment and recommend that\nthe bill do pass.\nPURPOSE OF THE BILL\nThe purpose of the bill is to grant a child adopted by a single U.S.\ncitizen the same immediate relative status for immigration purposes\nas a child adopted by a U.S. citizen and his spouse.\nBACKGROUND OF LEGISLATION\nNinety-third Congress\nSimilar legislation (H.R. 7555) was unanimously approved by the\nJudiciary Committee in the 93d Congress, placed on the Consent Calen-\ndar, and approved by the House of Representatives on September 17,\n1973.\nNinety-fourth Congress\nH.R. 568 is identical to the 93d Congress legislation (H.R. 7555) ex-\ncept for the following additional requirement: the prospective adop-\ntive parent must be of \"good moral character.\" H.R. 568 was reported\nfavorably by the Subcommittee on Immigration, Citizenship, and In-\nternational Law on March 6, 1975, and was ordered favorably reported\nby the full Committee on the Judiciary by unanimous voice vote on\nMarch 11, 1975.\n38-006\n2\n3\nGENERAL INFORMATION\nonly to those who have a priority registration\nearlier.\nUnder section 201 (b) of the Immigration and Nationality Act, \"im-\nDEPARTMENTAL POSITIO\nmediate relatives\" are defined as the children, spouses and parents of\na U.S. citizen and in the cases of parents the citizen child must be at\nAlthough departmental reports have not be\nleast 21 years of age. Furthermore, the category \"child\" is defined in\ndepartmental reports on similar legislation\nSection 101 (b) of such Act to include an unmarried person under 21\nCongress indicate that this legislation is support\nyears of age who is: 1) a legitimate child; 2) a stepchild; 3) a legiti-\nof State, Justice, and Health, Education, and\nmated child; 4) an illegitimate child through its natural mother; 5) an\n568 was drafted to conform with the recomn\nadopted child under the age of 14 who has resided with the adopting\nthe reports on H.R. 680. Copies of these reports\nparent or parents for at least two years; and 6) an orphan.\nIn order to qualify as an orphan under section 101 (b) (1) (F), the\nDEPAR\nchild must be under the age of 14 at the time an immediate relative\nWashington\npetition is filed in his behalf and who is an orphan because of the death\nHon. PETER W. RODINO, Jr.,\nor disappearance, abandonment of or desertion by, or separation or loss\nChairman, Committee on the Judiciary,\nfrom both parents or for whom the sole-surviving parent is incapable\nHouse of Representatives, Washington, D.C.\nof providing proper care. This section also requires that the immediate\nDEAR MR. CHAIRMAN: Secretary Rogers ha\nrelative petition in behalf of an orphan must be filed by a U.S. citizen\nyour letter of February 15, 1973, enclosing for\nand his spouse who have adopted the orphan abroad or who intend to\nand report a copy of H.R. 680, \"A bill to gra\nadopt the orphan after his admission to the United States. This pro-\nsingle United States citizen the same immig\nvision also requires the preadoption requirements of a state to be met\nadopted by a United States citizen and his spor\nprior to approval of the immediate relative petition.\nThe bill would, if enacted, make it possible f\nH.R. 568 would amend section 101 (b) (1) (F) of the Immigration\nStates citizen to petition the Immigration and\nand Nationality Act to provide that an unmarried person could file an\nto accord the status of \"child\" under section\nimmediate relative petition for an otherwise eligible orphan. The Sub-\nImmigration and Nationality Act, to a min\ncommittee is aware of many instances in which unmarried aunts of the\nthe citizen either had adopted abroad or desire\norphan child and widows, who are desirous of adopting orphans, are\nStates after entry.\nunable to satisfy the statutory requirements. Furthermore, on several\nThe Department is entirely sympathetic t\noccasions, existing law has created undue hardship and inconvenience\nproposed legislation, especially since we have\nfor single U.S. citizens, who are attempting to bring in children whom\ncases in which an unmarried United States\na\nthey have adopted abroad. In addition, the Committee recognizes that\nficulty in obtaining an immigrant visa for a n\nthere has been a continuing trend in state legislatures to enact legisla-\ntion authorizing single persons to adopt children. In this regard, it\nshe had adopted or intended to adopt simply b\ncould not be classified as a child under sect\nshould be emphasized that the impact of this legislation is properly\nlimited to the extent that the laws of the various States or the appli-\ncould not meet the residence and custody require\ncable law in foreign jurisdiction permit a single person to adopt\ntion under section 101 (b) (1) (E). It should be\nchildren.\nthat the practical effect of this legislation migh\nextent that the laws of the various states of th\nFurthermore, the subcommittee was advised by officials of the\nDepartment of State that a provision such as H.R. 568 would remove\napplicable law in foreign jurisdictions would\none of the most serious impediments to the adoption of Vietnamese\nto adopt children.\norphans by U.S. citizens. As noted, current law makes it extremely\nIn view of the fact that petitions to accor\ndifficult for a single American to bring a Vietnamese orphan into this\nstatus of a \"child\" for immigration purposes\ncountry. In effect, it prevents a single person from filing a petition for\nImmigration and Naturalization Service whi\nthe admission of a Vietnamese orphan unless the child has been adopted\nthat the preadoption requirements, if any, of\nabroad, is in the legal custody of, and has resided with, the adoptive\nresidence have been compiled with, the Depar\nparent for a period of 2 years. Unless these requirements are met and\ncomments of the Department of Justice on thi\nin the majority of cases they are not, the child must be registered for\nThe Office of Management and Budget advis\na nonpreference visa number.\npoint of the Administration's program there\nWhile nonpreference visa numbers are currently available for all\nsubmission of this report.\ncountries of the Eastern Hemisphere except Korea, experience has\nSincerely yours,\nMARSHA\ndemonstrated that such numbers may become unavailable at any time.\nFurthermore, Korean nonpreference visas are currently being issued\nActing Assisto\nCon\nH.R. 121\n4\n5\nDEPARTMENT OF JUSTICE,\nWashington, D.C., April 25, 1973.\nThe bill would amend section 101 (b) (1)\nand Nationality Act (8 U.S.C. 1101 (b) (1)\nHon. PETER W. RODINO, Jr.,\ndefinition of \"child\" for purposes of Subch\nChairman, Committee on the Judiciary,\nImmigration and Nationality Act (retatin\nHouse of Representatives, Washington, D.C.\nchild under the age of fourteen who has be\nDEAR MR. CHAIRMAN This is in response to your request for the\nUnited States citizen or who is coming to\nviews of the Department of Justice on H.R. 680, a bill \"To grant a\nadoption by a United States citizen. Curren\nchild adopted by a single United States citizen the same immigrant\nthe definition of \"child\" one who is under\n-\nstatus as a child adopted by a United States citizen and his spouse.\"\nhas been adopted abroad by a United State\nUnder existing law only a United States citizen and his spouse may\nwho personally saw and observed the child\nfile a petition for an adopted orphan child or an orpahan child coming\nadoption proceeding or who is coming to the\nto the United States for adoption pursuant to section 101 (b) (1) (F).\ntion by a United States citizen and spouse\nof\nThe administrative rulings hold that an unmarried person may not\npetition for immediate relative status for an otherwise eligible\nresidence. the preadoption requirements, if any, of\nadopted orphan. Matter of Lovell, 11 I. & N. Dec. 473 (1966) ; Matter\nWe support the intent of H.R. 680-to I\nof\nD\n8I. & N. Dec. 628 (1960).\ngration status for children adopted by unm\nThis bill would amend section 101 (b) (1) (F) of the Act to pro-\ncurrently provided for children adopted by n\nvide that an unmarried person could file such a petition. This amend-\ntrend of State adoption laws in recent years\nment would overcome such administrative decisions as those cited\ntion of permitting adoptions by unmarried\nabove wherein unmarried aunts of the orphan child, respectively a\nit is important for our immigration laws to\nwidow and a divorcee, were found not to meet the statutory\ntreating the children of such adoptions the\nrequirement.\nby married couples.\nIt is the view of the Department of Justice that the objective of the\nWe believe, however, that the bill should be\nbill is desirable. Many state statutes permit adoption by single per-\npoints which now appear ambiguous. It is no\nsons. (See compilation set forth in H.R. 1086, 87th Cong., 1st Sess.\nments applicable to married couples (i.e., that\n1961, pp. 13-21.) However, as proposed the bill could be interpreted\nthe child prior to or during adoption abroad\nas making it possible for a married person to petition for an orphan\nwith the preadoption requirements of the ch\nwithout the consent of his spouse. It is the view of the Department\nin the case of a child coming to the Unite\nthat this is undesirable. Instead, the Committee may wish to leave\nwould be applicable to a single individual.\nI\nundisturbed the present language of the section, adding after the word\nthe term \"United States citizen\", it is not suf\n\"spouse\" a comma and the words \"if he has a spouse\" followed by a\nis no intent to include a married individual W\ncomma, wherever \"spouse\" appears in the section.\nspouse. For these reasons, we propose striki\nIf revised as suggested, the Department of Justice would have no\n10 of the bill, and inserting in lieu thereof the\nobjection to the enactment of this legislation.\n(1) by inserting or an unmarried\nThe Office of Management and Budget has advised that there is no\nafter \"and his spouse\", and\nobjection to the submission of this report from the satndpoint of the\n(2) by inserting or an unmarried U1\nadministration's program.\nhas,\" after \"spouse who have\".\nSincerely,\nWith these changes, we would recommend\nMIKE McKEVITT,\nably considered.\nAssistant Attorney General.\nWe are advised by the Office of Management\nis no objection to the presentation of this\n-\npoint of the Administration's program.\nDEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,\nSincerely,\nWashington, D.C., June 11, 1973.\nFRA\nHon. PETER W. RODINO, Jr.,\nChairman. Committee an the Judiciary,\nESTIMATE OF COST\nHouse of Representatives, Washington, D.C.\nPursuant to the requirements of clause 7 of\nDEAR MR. CHAIRMAN: This letter is in response to your request of\nFebruary 15, 1973, for a report on H.R. 680, a bill \"To grant a child\nof the House of Representatives, the committe\nadopted by a single United States citizen the same immigrant status\nment of this legislation will result in no incre\nas a child adopted by a United States citizen and his spouse.\"\nH.R. 121\n7\n6\nBUDGETARY INFORMATION\ning to the United States for adoption by an unm\ncitizen of good moral character or by a United Sta\nClause 2(1) (3) (B) and (C) of rule XI are inapplicable because\n[who have complied] who has or have complied\nthis legislation does not provide new budget authority and no estimate\nrequirements, if any, of the child's proposed resid\nor comparison has been received from the Director of the Congressional\nno natural parent or prior adoptive parent of\nBudget Office.\nthereafter, by virtue of such parentage, be\nOVERSIGHT STATEMENTS\nprivilege, or status under this Act.\nPursuant to clause 2(1) (3) (A) of rule XI of the Rules of the House\nof Representatives, the Subcommittee on Immigration, Citizenship,\nand International Law has been charged by the Committee on the\nJudiciary with the responsibility of overseeing the administration of\nthe Immigration and Nationality Act by the Departments of State,\nJustice, and Labor. Consequently, that subcommittee will closely mon-\nitor the implementation of this amendment to the Immigration and\nNationality Act.\nClause 2(1) (3) (D) of rule XI of the Rules of the House of Repre-\nsentatives is inapplicable since no oversight findings and recommenda-\ntions have been received from the Committee on Government\nOperations.\nINFLATIONARY IMPACT STATEMENT\nPursuant to clause 2(1) (4) of rule XI of the Rules of the House of\nRepresentatives, the committee estimates that this bill will have no\ninflationary effect on prices and costs in the operation of the national\neconomy.\nCOMMITTEE RECOMMENDATION\nThe committee, after careful and detailed consideration of all the\nfacts and circumstances involved in this legislation, is of the opinion\nthat this bill should be enacted and accordingly recommends that\nH.R. 568 do pass.\nCHANGES IN EXISTING LAW\nIn compliance with paragraph 2 of clause 3 of rule XIII of the Rules\nof the House of Representatives, changes in existing law made by the\nbill are shown as follows (new matter is printed in italic. matter pro-\nposed to be omitted is printed in black brackets, existing law in which\nno change is proposed is printed in roman).\nSECTION 101 (b) (1) (F) OF THE IMMIGRATION AND NATIONALITY ACT\n(F) a child, under the age of fourteen at the time a petition is filed\nin his behalf to accord a classification as an immediate relative under\nsection 201 (b), who is an orphan because of the death or disappearance\nof, abandonment or desertion by, or separation or loss from, both\nparents, or for whom the sole or surviving parent is incapable of pro-\nviding the proper care which will be provided the child if admitted\nto the United States and who has in writing irrevocably released the\nchild for emigration and adoption; who has been adopted abroad by\nan unmarried United States citizen of good moral character or by a\nUnited States citizen and his spouse who personally saw and observed\nthe child prior to or during the adoption proceedings; or who is com-\nH.R. 121\nCalendar No. 452\n94TH CONGRESS\n1st Session\n-\nSENATE\nREPORT\nNo. 94-464\nGRANTING AN ALIEN CHILD ADOPTED BY AN UNMARRIED U.S. CITI-\nZEN THE SAME IMMIGRANT STATUS AS AN ALIEN CHILD ADOPTED\nBY A U.S. CITIZEN AND HIS SPOUSE\nNOVEMBER 20 (legislative day, NOVEMBER 18), 1975.-Ordered to be printed\nMr. EASTLAND, from the Committee on the Judiciary,\nsubmitted the following\nREPORT\n[To accompany H.R. 568]\nThe Committee on the Judiciary, to which was referred the bill\n(H.R. 568) to grant an alien child adopted by an unmarried United\nStates citizen the same immigrant status as an alien child adopted by a\nUnited States citizen and his spouse, having considered the same, re-\nports favorably thereon with an amendment in the nature of a substi-\ntute and recommends that the bill, as amended, do pass.\nAMENDMENT\nStrike all after the enacting clause and insert in lieu thereof, the\nfollowing:\nThat section 101 (b) (1) (F) of the Immigration and Nationality Act (8 U.S.C.\n1101 (b) (1) (F) is amended to read as follows: \"(F) a child, under the age of\nfourteen at the time a petition is filed in his behalf to accord a classification as an\nimmediate relative under section 201 (b), who is an orphan because of the death\nor disappearance of, abandonment or desertion by, or separation or loss from, both\nparents, or for whom the sole or surviving parent is incapable of providing the\nproper care and has in writing irrevocably released the child for emigration and\nadoption; who has been adopted abroad by a United States citizen and spouse\njointly, or by an unmarried United States citizen at least 25 years of age, who\npersonally saw and observed the child prior to or during the adoption proceedings\nor who is coming to the United States for adoption by a United States citizen and\nspouse jointly, or by an unmarried United States citizen at least 25 years of age,\nwho have or has complied with the preadoption requirements, if any, of the child's\nproposed residence: Provided, That the Attorney General is satisfied that proper\n57-007 0\n2\n3\ncare will be furnished the child if admitted to the United States: Provided\nfurther, That no natural parent or prior adoptive parent of any such child shall\nsingle United States citizen the same immigr\nthereafter, by virtue of such parentage, be accorded any right, privilege, or status\nadopted by a United States citizen and his sp\nunder this Act.\"\nThe bill would, if enacted, make it possible for\nStates citizen to petition the Immigration and I\nPURPOSE OF THE BILL\nto accord the status of \"child\" under section\nImmigration and Nationality Act, to a minor a\nThe purpose of the bill, as amended, is to grant a child adopted by\ncitizen either had adopted abroad or desired to\na single U.S. citizen the same immediate relative status for immigra-\nStates after entry.\ntion purposes as a child adopted by a U.S. citizen and his spouse\nThe Department is entirely sympathetic to\njointly. The bill has been amended to provide that an unmarried U.S.\nproposed legislation, especially since we have\ncitizen adoptive parent must be at least 25 years old. In addition, the\ncases in which an unmarried United States cit\nAttorney General is given discretionary authority to withhold or\nficulty in obtaining an immigrant visa for a mi\nrefuse approval of a petition unless he \"is satified that proper care\nshe had adopted or intended to adopt simply be\nwill be furnished to the child if admitted to the United States.\"\ncould not be classified as a child under sectic\ncould not meet the residence and custody requi\nSTATEMENT\ntion under section 101 (b) (1) (E). It should be\nSection 101 (b) (1) (F) of the Immigration and Nationality Act gives\nthat the practical effect of this legislation might\nextent that the laws of the various states of the\npreferential immigrant status to an alien child adopted by a United\nStates citizen and spouse. The bill, as passed by the House, would allow\napplicable law in foreign jurisdictions would I\nthe adoption to be made not only by a married couple but also by \"an\nto adopt children.\nunmarried United States citizen of good moral character.\" Since the\nIn view of the fact that petitions to accord\nmoral character requirement is not imposed on a married couple, the\nstatus of a \"child\" for immigration purposes I\nimplication is that it may be of no consequence so long as the adoptive\nImmigration and Naturalization Service which\nparents are a married couple.\nthat the preadoption requirements, if any, of\nThe bill, as amended by the Senate, would allow an adoption to be\nresidence have been complied with, the Departi\nmade by an unmarried United States citizen but provides that such\ncomments of the Department of Justice on this\nadoptive parent must be at least 25 years old. This will help to assure\nThe Office of Management and Budget advise\na degree of maturity-more important where there is only one parent\npoint of the Administration's program there\nresponsible for the child.\nsubmission of this report.\nThe Attorney General would be given discretionary authority to\nSincerely yours,\nMARSHAL\nwithhold or refuse approval of a petition unless he \"is satisfied that\nproper care will be furnished to the child if admitted to the United\nActing Assistant\nStates.\" The current statute uses similar language, but indirectly and\nCong\nambiguously. It is intended that by rewriting and repositioning this\nA letter dated April 25, 1973 to the chairmar\nlanguage in section (b) (1) (F) it will be clear that unless a proper\nthe Judiciary, House of Representatives, from t\nhome environment seems assured for the child, as determined by the\nGeneral with reference to H.R. 680 reads as fo\nAttorney General, the petition will have to be denied.\nDEPARTME\nAlthough departmental reports were not received on the instant bill,\nWashington, D\nreports on similar legislation (H.R. 680) of the 93d Congress were\nreceived.\nHon. PETER W. RODINO, Jr.,\nA letter dated April 25, 1973 to the chairman of the Committee on\nChairman, Committee on the Judiciary,\nthe Judiciary, House of Representatives, from the Acting Assistant\nHouse of Representatives, Washington, D.C.\nSecretary for Congressional Relations, U.S. Department of State,\nDEAR MR. CHAIRMAN: This is in response to\nwith reference to H.R. 680 reads as follows:\nviews of the Department of Justice on H.R. 6\nchild adopted by a single United States citizer\nDEPARTMENT OF STATE,\nstatus as a child adopted by a United States ci\nWashington, D.C., April 25, 1973.\nUnder existing law only a United States citiz\nHon. PETER W. RODINO, Jr.,\nfile a petition for an adopted orphan child or an\nChairman, Committee on the Judiciary,\nto the United States for adoption pursuant to S si\nHouse of Representatives, Washington, D.C.\nThe administrative rulings hold that an unma\nDEAR MR. CHAIRMAN Secretary Rogers has asked me to reply to\npetition for immediate relative status for an othe\nyour letter of February 15, 1973, enclosing for the Department's study\norphan. Matter of Lovell, 11 I. & N. Dec. 473 (19\nand report a copy of H.R. 680, \"A bill to grant a child adopted by a\n8I. & N. Dec. 628 (1960).\n4\n5\nThis bill would amend section 101 (b) (1) (F) of the Act to pro-\nWe support the intent of H. R. 680-to provide\nvide that an unmarried person could file such a petition. This amend-\ntion status for children adopted by unmarried il\nment would overcome such administrative decisions as those cited\nrently provided for children adopted by marri\nabove wherein unmarried aunts of the orphan child, respectively a\ntrend of State adoption laws in recent years has\nwidow and a divorcee, were found not to meet the statutory require-\nof permitting adoptions by unmarried individus\nment.\nimportant for our immigation laws to recognize tl\nIt is the view of the Department of Justice that the objective of the\nthe children of such adoptions the same as those\nbill is desirable. Many state statutes permit adoption by single per-\ncouples.\nsons. (See compilation set forth in H.R. 1086, 87th Cong., 1st Sess.\nWe believe, however, that the bill should be am\n1961, pp. 13-21.) However, as proposed the bill could be interpreted\npoints which now appear ambiguous. It is not cl\nas making it possible for a married person to petition for an orphan\nments applicable to married couples (i.e., that th\nwithout the consent of his spouse. It is the view of the Department\nthe child prior to or during adoption abroad or\nthat this is undesirable. Instead, the Committee may wish to leave\nwith the preadoption requirements of the child's\nundisturbed the present language of the section, adding after the word\nin the case of a child coming to the United States\n\"spouse\" a comma and the words \"if he has a spouse\" followed by a\nbe applicable to a single individual, Furthermore\ncomma, wherever \"spouse\" appears in the section.\n\"United States citizen\", it is not sufficiently clear t\nIf revised as suggested, the Department of Justice would have no\nto include a married individual who is acting wit\nobjection to the enactment of this legislation.\nthese reasons. we propose striking out lines 5 th:\nThe Office of Management and Budget has advised that there is no\nand inserting in lieu thereof the following:\nobjection to the submission of this report from the standpoint of the\n(1) by inserting \", or an unmarried Un\nadministration's program.\nafter \"and his spouse\", and\nSincerely,\n(2) by inserting \", or an unmarried Unite\nMIKE MCKEVITT,\nhas,\" after \"spouse who have\".\nAssistant Attorney General.\nWith these changes, we would recommend that\nconsidered.\nA letter dated June 11, 1973 to the chairman, Committee on the\nWe are advised by the Office of Management an\nJudiciary, House of Representatives, from the Acting Secretary of the\nis no objection to the presentation of this report\nDepartment of Health, Education, and Welfare with reference to H.R.\nof the Administration's program.\n680 reads as follows:\nSincerely,\nFRANK\nDEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,\nRECOMMENDATION\nWashington, D.C., June 11, 1973.\nHon. PETER W. RODINO, Jr.,\nThe committee, after consideration of all the fa\nChairman, Committee on the Judiciary,\nthat the bill (H.R. 568), as amended, should be ena\nHouse of Representatives, Washington, D.C.\nDEAR MR. CHAIRMAN: This letter is in response to your request of\nCHANGES IN EXISTING LAW\nFebruary 15, 1973, for a report on H.R. 680, a bill \"To grant a child\nadopted by a single United States citizen the same immigrant status\nIn compliance with subsection 4 of rule XX\nas a child adopted by a United States citizen and his spouse.\"\nRules of the Senate, changes in existing law ma\nThe bill would amend section 101 (b) (1) (F) of the Immigration\nported, are shown as follows (new material is prin\nand Nationality Act (8 U.S.C. 1101 (b) (1) (F)) to include in the\nlaw in which no change is proposed is shown in\ndefinition of \"child\" for purposes of Subchapters I and IT of the\nproposed to be omitted is printed in black bracke\nImmigration and Nationality Act (relating to immigration) any child\nunder the age of fourteen who has been adopted abroad by a United\nSECTION 101 (b) (1) (F) OF THE IMMIGRATION AN\nStates citizen or who is coming to the United States for adoption by\na United States citizen. Currently, the law includes in the definition\n(F) a child, under the age of fourteen at the ti\nof \"child\" one who is under the age of fourteen and has been adopted\nin his behalf to accord a classification as an imme\nabroad by a United States citizen and his spouse who personally saw\nsection 201 (b), who is an orphan because of the de\nand observed the child prior to or during the adoption proceeding or\nof, abandonment or desertion by, or separation\nwho is coming to the United States for adoption by a United States\nparents, or for whom the sole or surving parent\ncitizen and spouse who have complied with the preadoption require-\nviding the proper care [which will be provided\nt\nments, if any, of the child's proposed residence.\nto the United States] and [who] has in writing\n6\nthe child for emigration and adoption; who has been adopted abroad\nby a United States citizen and [his] spouse jointly, or by an unmarried\nUnited States citizen at least 25 years of age, who personally saw and\nobserved the child prior to or during the adoption proceedings; or\nwho is coming to the United States for adoption by a United States\ncitizen and spouse jointly, or by an unmarried United States citizen at\nleast 25 years of age, who have or has complied with the preadoption\nrequirements, if any, of the child's proposed residence: Provided,\nThat the Attorney General is satisfied that proper care will be fur-\nnished the child if admitted to the United States: Provided further,\nThat no natural parent or prior adoptive parent of any such child shall\nthereafter, by virtue of such parentage, be accorded any right, privi-\nlege, or status under this Act.\nCORRECTED SHEET\nH. R. 568\nNinety-fourth Congress of the United States of America\nAT THE FIRST SESSION\nBegun and held at the City of Washington on Tuesday, the fourteenth day of January,\none thousand nine hundred and seventy-five\nAn Act\nTo grant an alien child adopted by an unmarried United States citizen the\nsame immigrant status as an alien child adopted by a United States citizen\nand his spouse.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That section 101 (b)\n(1) (F) of the Immigration and Nationality Act (8 U.S.C. 1101 (b)\n(1) (F)) is amended to read as follows:\n(F) a child, under the age of fourteen at the time a petition\nis filed in his behalf to accord a classification as an immediate rela-\ntive under section 201 (b), who is an orphan because of the death\nor disappearance of, abandonment or desertion by, or separation\nor loss from, both parents, or for whom the sole or surviving\nparent is incapable of providing the proper care and has in\nwriting irrevocably released the child for emigration and adop-\ntion; who has been adopted abroad by a United States citizen\nand spouse jointly, or by an unmarried United States citizen at\nleast twenty-five years of age, who personally saw and observed\nthe child prior to or during the adoption proceedings; or who is\ncoming to the United States for adoption by a United States\ncitizen and spouse jointly, or by an unmarried United States\ncitizen at least twenty-five years of age, who have or has com-\nplied with the preadoption requirements, if any, of the child's\nproposed residence: Provided, That the Attorney General is satis-\nfied that proper care will be furnished the child if admitted to the\nUnited States: Provided further, That no natural parent or prior\nadoptive parent of any such child shall thereafter, by virtue of\nsuch parentage, be accorded any right, privilege, or status under\nthis Act.\".\nSpeaker of the House of Representatives.\nVice President of the United States and\nPresident of the Senate.\nDecember 8, 1975\nDear Mr. Director:\nThe following bills were received at the White\nHouse on December 8th:\nH.R. 5681\nH.R. 666g\nPlease let the President have reports and\nrecommendations as to the approval of these bills\nas soon as possible.\nSincerely,\nRobert D. Linder\nChief Executive Clerk\nThe Honorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D. C."
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