Speech #1040145271

However. for the thousands of Americans who pursue them every year (about 15 percent of total U.S. adoptions) International adoptions can be very complicated. Current U.S. law regarding international adoptions is In a state of some confusion. Our law requires that a child be certified as an "orphan" In order to be eligible for adoption by an American and for an immigrant visa to the United States. This orphan certification can be accomplished In one of two ways: proof that both parents are dead or an irrevocable release for adoption and emigration by a "sole parent". Under U.S. law. a sole parent is defined as the mother of an "illegitimate child". But many countries have stopped using the term "illegitimate" and "legitimate" and Instead use "born out of wedlock" and "born in wedlock". Since children born out of wedlock are regarded as legitimate in many countries. and under U.S. law a legitimate child is not eligible for orphan classification based solely on the mothers release (unless the father has died). a problem of definitions occurs which has ground to a halt International adoptions by U.S. families. The simple solution to this problem is to substitute In the section of the INS Act that defines "child" for Immigration purposes the terms "legitimate child" and "illegitimate child" with "child born in wedlock" and "child born out of wedlock". With this change. we can ensure that Americans will be able to proceed with international adoptions that meet the legal definitions of both the host country and the United States. I have attached a May 31. 1995 letter from the Department of State and the Immigration and Naturalization ServiceDOJwhich Indicates their strong support for this change. And. in a June 8. 1995. letter to Ms. Mary Thomas.