Definitions.

CFR · 2024-01-01 · US · Title 8

The definitions in 22 CFR 96.2 apply to this subpart C. In addition, as used in this subpart C, the term: (1) That a child's parent has willfully forsaken all parental rights, obligations, and claims to the child, as well as all custody of the child without intending to transfer, or without transferring, these rights to any specific individual(s) or entity. (2) The child's parent must have actually surrendered such rights, obligations, claims, control, and possession. (3) That a parent's knowledge that a specific person or persons may adopt a child does not void an abandonment; however, a purported act of abandonment cannot be conditioned on the child's adoption by that specific person or persons. (4) That if the parent(s) entrusted the child to a third party for custodial care in anticipation of, or preparation for, adoption, the third party (such as a governmental agency, a court of competent jurisdiction, an adoption agency, or an orphanage) must have been authorized under the Convention country's child welfare laws to act in such a capacity. (5) That, if the parent(s) entrusted the child to an orphanage, the parent(s) did not intend the placement to be merely temporary, with the intention of retaining the parent-child relationship, but that the child is abandoned if the parent(s) entrusted the child permanently and unconditionally to an orphanage. (6) That, although a written document from the parent(s) is not necessary to prove abandonment, if any written document signed

official document · source cfr-2024 · id 8:§ 204.301