ASSEMBLY CONCURRENT RESOLUTION No. 86

STATE OF NEW JERSEY

INTRODUCED JUNE 17, 1996

By Assemblymen FELICE, T. SMITH, Blee, Zecker, Assemblywomen Wright and Quigley

An Assembly Concurrent Resolution memorializing the United States Department of Justice to amend certain regulations of the Immigration and Naturalization Service concerning international adoptions.

Whereas, The number of children adopted from other countries by United States citizens has increased steadily in recent years; and

Whereas, Many individuals, such as single men and women and couples over the age of 40, find it difficult to adopt in this country and international adoptions afford them a viable alternative when seeking to create a permanent family; and

Whereas, Prospective adoptive parents considering international adoptions confront a complex and time-consuming process which often frustrates their efforts; these parents must satisfy three separate sets of legal requirements when formalizing their child's adoption, that is, the laws of the child's country of birth, the laws of the state where the adoptive parents reside and the policies and procedures of the United States Immigration and Naturalization Service (INS); and

Whereas, Many states, including New Jersey, require as part of a completed adoption homestudy, a fingerprint criminal history background check through the State Police and the Federal Bureau of Investigation (FBI); but the INS pursuant to 8 CFR, Section 204.3, also requires its own FBI fingerprint background check for purposes of the immigration petition, delaying the adoption process and, at times, resulting in a loss of the child's placement with the prospective adoptive parents; and

Whereas, The requirement of a duplicate FBI fingerprint background check imposes an unnecessary financial burden on the prospective adoptive parents, further delays an often time-consuming adoption process and constitutes a duplication in state and federal governmental procedures, now, therefore,

    Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

    1. The Legislature respectfully memorializes the United States Department of Justice to amend the regulations of the Immigration and Naturalization Service to recognize the FBI fingerprint background checks completed through the prospective adoptive parent's home state when satisfying INS requirements for international adoptions pursuant to 8 CFR, Section 204.3.

    2. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and the President of the Senate and attested by the Clerk of the General Assembly and the Secretary of the Senate, shall be transmitted to the United States Department of Justice, the presiding officers of the United States Senate and House of Representatives, the members of the New Jersey Congressional delegation and the Governor of the State of New Jersey.

STATEMENT

    This concurrent resolution memorializes the United States Department of Justice to amend the regulations of the Immigration and Naturalization Service to recognize FBI fingerprint background checks completed through the prospective adoptive parent's home state when satisfying INS requirements for international adoptions pursuant to 8 CFR, Section 204.3.

Memorializes the U. S. Department of Justice to amend certain regulations of the Immigration and Naturalization Service concerning international adoptions.