110-H.R.120

To reform Federal procedures relating to intercountry adoption.

1/4/2007--Introduced.

Intercountry Adoption Reform Act of 2007 or the ICARE Act - Establishes an Office of Intercountry Adoptions within the Department of State to be headed by the Ambassador at Large for Intercountry Adoptions. Transfers to the Office all functions with respect to intercountry adoptions currently performed by the Department of Homeland Security (DHS).

Amends the Immigration and Nationality Act to revise: (1) conditions for automatic citizenship for children born outside the United States, including for adopted children; and (2) requirements concerning the history of parents' physical presence in the United States or its possessions. Defines the term "full and final adoption." Prescribes procedural requirements for the adoption of foreign-born children by U.S. citizens.

Establishes a nonimmigrant W-visa for an adoptable child coming into the United States for adoption by a U.S. citizen and spouse or by an unmarried U.S. Citizen at least 25 years of age who has been approved by the Office of International Adoption of the Department of State. Sets forth the period of authorized admission for such a nonimmigrant.

Exempts adopted children of 18 years of age or younger (currently, 10 years of age or younger) from immunization requirements.

Redefines the term "adoptable child."

Requires U.S. Citizen adoptive parents to obtain approval of an adoption petition prior to issuance of a visa or a full and final adoption decree. Subjects such petitions to the terms applicable to orphan petitions. Directs the Secretary of State to issue regulations: (1) establishing an expedited reapproval process for families whose prior approvals to adopt have expired; and (2) governing the appeal of petition denials.

Prescribes procedural requirements for the issuance of a visa and a full and final adoption decree for foreign-born children, including requirements for the Ambassador to: (1) determine whether a child is an adoptable child; and (2) work withthe competent authorities of the child's country of residence to establish a process for the exchange and approval of a certification that the child sought to be adopted meets the definition of an adoptable child.

Requires the Secretary to issue a final decision regarding the child's eligibility as an adoptable child within 30 days. Allows an appeal.

Provides for civil penalties and enforcement.

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