Adoption Legislation



Click here to view our matrix of current list of adoption legislation in progress.
 

Below you will find information regarding:

- Families for Orphans Act

- The ICARE Act (Intercountry Adoption Reform)
- The Natural Born Citizen Act
- The Adoption Promotion Act of 2003
- The Capital University Law School Adoption Law Website


Families for Orphans Act

The Need

UNICEF estimates 143 million children live as orphans.  Some have lost both parents; others are at risk of being orphaned.  Millions more live outside the scope of available census data; on the streets, in temporary care or unregistered institutions.  Deprived of a basic of human right, these unknown children are denied the nurturing needed to thrive as children and later as members of our global society.  They lack the physical and emotional safety that only a permanent family can provide.  Perhaps most importantly, they are deprived of the love needed to realize their full human potential. 

A Gap Exists

Efforts by the aid and development community are currently focused on survivability: nutrition, housing, education and medical care.   Community development programs only indirectly prevent family dissolution and do not appropriately address the needs of children living outside of permanent parental care.  A continuum of care is needed to ensure that children mature into productive members of the world community.  This continuum lacks the programs, funding, focus and leadership needed to move these children from survivability to permanent family life.  The focus on survivability creates a gap between surviving in temporary care and thriving in a permanent family.

This gap only increases the world orphan crisis and leads to the continuing deterioration of the world’s social fabric.  Evidence based research, in the U.S. and internationally, clearly supports the need for permanent family life in preventing incarceration, suicide, mental health disorders and deterioration of physical health.  In addition to assuring the human right to a permanent family, this research also points to the validity of expanding aid and development efforts to include permanent family life.  

Within U.S. strategies, four hurdles impede efforts to ensure a permanent family for every child.

  • Currently U.S. programs are disconnected, are without an overriding policy or goal and discount the basic human need of a permanent family. Programs exist in a ‘silo’ structure, which often results in counterproductive and mutually exclusive programs.

  • ·A lack of proactive diplomacy results in reactionary initiatives, which address problems and not the cause. Further, U.S. agencies and officials lack the authority and resources needed to engage foreign governments.  

  • While developing countries are actively seeking assistance with the development of sound public policy and support for permanency programs, U.S. expertise, leadership and support are restricted by current U.S. mandates and structure.   
     

The Solution

The Families for Orphans Act overcomes these barriers by establishing the Office of Orphan Policy, Development and Diplomacy.  The office, headed by an appointed Coordinator will promote and support the preservation and reunification of families; and the provision of permanent parental care for orphans.  The primary functions of the office as related to family preservation and permanent parental care are:

  • Act as the Primary Advisor to the Secretary of State and President

  • Provide Diplomatic Representation on matters related to permanent parental care
  • Develop an evidence-based Comprehensive Global Strategy
  • Support foreign governments through Sound Policy and Technical and Financial Assistance
  • Develop Best Practices and ensure Cultural Sensitivity in the area of permanency
  • Support in-country family preservation, reunification and permanency as Primary Solutions
  • Coordinate Foreign Policy related to family preservation and permanent parental care
  • Coordinate U.S. Domestic and International Permanency Policies 
  • Conduct a Biennial Census of children without permanent parental care
  • Develop Permanency Indicators and metrics
  • Report annually to Congress

ICARE Act (Intercountry Adoption Reform)

September 2007 - The latest information about the ICARE (Intercountry Adoption Reform) Act, can be accessed here.

Natural Born Citizen Act

On February 25, 2004 Senator Don Nickles (R-OK), Senator Mary Landrieu (D-LA) and Senator James Inhofe (R-OK) introduced a bipartisan bill (S. 2128) granting children born abroad to U.S. citizens, or adopted abroad by U.S. citizens, the same rights as native-born children including the right to run for President of the United States. 

Note: This bill has recently been introduced and is now in the Senate Committee on the Judiciary.  JCICS will monitor its progress and update our website if and when it is passed.

Adoption Promotion Act of 2003

The Adoption Promotion Act of 2003 (H.R.3182) extends the Adoption Incentive Program for another five years and focus greater attention on finding adoptive families for older children in foster care.  The legislation was passed by Congress on November 17, 2003 and by President Bush on December 2, 2003 and is now Public Law No: 108-145.

This bill authorizes $43 million per year in performance-based incentives to states that are successful in increasing the number of children adopted from foster care.  The bonus program, first created as part of the Adoption and Safe Families Act of 1997, has contributed to the substantial increase in adoptions in recent years--from 31,000 in fiscal year 1997 to approximately 51,000 in fiscal year 2002.

Despite recent progress made, many more children are in need of adoptive families. At the end of fiscal year 2002, 532,698 children remained in foster care, and 116,653 of the children in foster care had adoption as their permanent placement goal. About half of the children waiting to be adopted are over the age of nine.  Today, national data show that a child over the age of nine is more likely to remain in foster care through his or her 18th birthday than to find an adoptive home.

The Adoption Promotion Act of 2003 will help to change that statistic by encouraging states to focus greater effort on finding adoptive families for older children in foster care.

New Adoption Law Website

The National Center for Adoption Law & Policy at Capital University Law School, located in Columbus, Ohio, released the nation’s first comprehensive online compilation and synthesis of the law of adoption. This new e-tool, available at www.adoptionlawsite.org, provides free access to the adoption related statutes and regulations, as well as the key cases and articles, from every U.S. state and territory, along with federal and international materials.

To read the Center's press release, click here.


 

 

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