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42 U.S. Code § 14932. Adoptions of children emigrating from the United States
(a) Duties of accredited agency or approved personIn the case of a Convention adoption involving the emigration of a child residing in the United States to a foreign country, the accredited agency or approved person providing adoption services, or the prospective adoptive parent or parents acting on their own behalf (if permitted by the laws of such other Convention country in which they reside and the laws of the State in which the child resides), shall do the following:
(1) Ensure that, in accordance with the Convention—
(A)
a background study on the child is completed;
(B) the accredited agency or approved person—
(i)
has made reasonable efforts to actively recruit and make a diligent search for prospective adoptive parents to adopt the child in the United States; and
(ii)
despite such efforts, has not been able to place the child for adoption in the United States in a timely manner; and
(C)
a determination is made that placement with the prospective adoptive parent or parents is in the best interests of the child.