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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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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.