PART 97—ISSUANCE OF ADOPTION CERTIFICATES AND CUSTODY DECLARATIONS IN HAGUE CONVENTION ADOPTION CASES Authority: Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (done at The Hague, May 29, 1993), S. Treaty Doc. 105-51 (1998); 1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); Intercountry Adoption Act of 2000, 42 U.S.C. 14901-14954. Source: 71 FR 64456, Nov. 2, 2006, unless otherwise noted. § 97.1 Definitions. As used in this part: (a) Adoption Court (b) U.S. Authorized Entity (c) Foreign Authorized Entity (d) Hague Adoption Certificate (e) Hague Custody Declaration (f) Terms defined in 22 CFR 96.2 have the meaning given to them therein. § 97.2 Application for a Hague Adoption Certificate or a Hague Custody Declaration (outgoing Convention case). (a) Once the Convention has entered into force for the United States, any party to an outgoing Convention adoption or custody proceeding may apply to the Secretary for a Hague Adoption Certificate or a Hague Custody Declaration. Any other interested person may also make such application, but such application will not be processed unless such applicant demonstrates that a Hague Adoption Certificate or Hague Custody Declaration is needed to obtain a legal benefit or for purposes of a legal proceeding, as determined by the Secretary in the Secretary's discretion. (b) Applicants for a Hague Adoption Certificate or Hague Custody Declaration shall submit to the Secretary: (1) A completed application form in such form as the Secretary may prescribe, with any required fee; (2) An official copy of the order of the adoption court finding that the child is eligible for adoption and that the adoption or proposed adoption is in the child's best interests and granting the adoption or custody for purposes of adoption; (3) An official copy of the adoption court's findings (either in the order granting the adoption or custody for purposes of adoption or separately) verifying, in substance, that each of the requirements of § 97.3 has been complied with or, if the adoption court has not verified compliance with a particular requirement in § 97.3, authenticated documentation showing that such requirement nevertheless has been met and a written explanation of why the adoption court's verification of compliance with the requirement cannot be submitted; and (4) Such additional documentation and information as the Secretary may request at the Secretary's discretion. (c) If the applicant fails to submit all of the documentation and information required pursuant to paragraph (b)(4) of this section within 120 days of the Secretary's request, the Secretary may consider the application abandoned. § 97.3 Requirements subject to verification in an outgoing Convention case. (a) Preparation of child background study. (b) Transmission of child data. (c) Reasonable efforts to find domestic placement. (d) Preparation and transmission of home study. (1) Information on the prospective adoptive parent(s)' identity, eligibility, and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, and the characteristics of the children for whom they would be qualified to care; (2) Confirmation that a competent authority has determined that the prospective adoptive parent(s) are eligible and suited to adopt and has ensured that the prospective adoptive parent(s) have been counseled as necessary; and (3) The results of a criminal background check. (e) Authorization to enter. (f) Consent by foreign authorized entity. (g) Guardian counseling and consent. (h) Child counseling and consent. (i) Authorized entity duties. (1) Ensure that the prospective adoptive parent(s) agree to the adoption; (2) Agree, together with a foreign authorized entity, that the adoption may proceed; (3) Take all appropriate measures to ensure that the transfer of the child takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive parent(s) or the prospective adoptive parent(s), and arrange to obtain permission for the child to leave the United States; and (4) Arrange to keep a foreign authorized entity informed about the adoption process and the measures taken to complete it, as well as about the progress of the placement if a probationary period is required; to return the home study and the child background study to the authorities that forwarded them if the transfer of the child does not take place; and to be consulted in the event a new placement or alternative long-term care for the child is required. (j) Contacts. provided that (k) Improper financial gain. § 97.4 Issuance of a Hague Adoption Certificate or a Hague Custody Declaration (outgoing Convention case). (a) Once the Convention has entered into force for the United States, the Secretary shall issue a Hague Adoption Certificate or a Hague Custody Declaration if the Secretary, in the Secretary's discretion, is satisfied that the adoption or grant of custody was made in compliance with the Convention and the IAA. (b) If compliance with the Convention can be certified but it is not possible to certify compliance with the IAA, the Secretary personally may authorize issuance of an appropriately modified Hague Adoption Certificate or Hague Custody Declaration, in the interests of justice or to prevent grave physical harm to the child. § 97.5 Certification of Hague Convention Compliance in an incoming convention case where final adoption occurs in the United States. (a) Once the Convention has entered into force for the United States, any person may request the Secretary to certify that a Convention adoption in an incoming case finalized in the United States was done in accordance with the Convention. (b) Persons seeking such a certification must submit the following documentation: (1) A copy of the certificate issued by a consular officer pursuant to 22 CFR 42.24(j) certifying that the granting of custody of the child has occurred in compliance with the Convention; (2) An official copy of the adoption court's order granting the final adoption; and (3) Such additional documentation and information as the Secretary may request at the Secretary's discretion. (c) If a person seeking the certification described in paragraph (a) of this section fails to submit all the documentation and information required pursuant to paragraph (b) of this section within 120 days of the Secretary's request, the Department may consider the request abandoned. (d) The Secretary may issue the certification if the Secretary, in the Secretary's discretion, is satisfied that the adoption was made in compliance with the Convention. The Secretary may decline to issue a certification, including to a party to the adoption, in the Secretary's discretion. A certification will not be issued to a non-party requestor unless the requestor demonstrates that the certification is needed to obtain a legal benefit or for purposes of a legal proceeding, as determined by the Secretary in the Secretary's discretion. (e) A State court's final adoption decree, when based upon the certificate issued by a consular officer pursuant to 22 CFR 42.24(j), certifying that the grant of custody of the child has occurred in compliance with the Convention, or upon its determination that the requirements of Article 17 of the Convention have been met constitutes the certification of the adoption under Article 23 of the Convention. §§ 97.6-97.7 [Reserved]