SECTION 4. DEFINITIONS

.01 Foreign-born child. An individual who is not a citizen or resident of the United States at the time the adoption commences but who is otherwise an eligible child within the meaning of § 23(d)(2).

.02 Orphan. A foreign-born child under the age of 16 at the time an immigration petition is filed on the child’s behalf who has suffered the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the foreignborn child for emigration and adoption.

.03 Foreign-sending country. The country of citizenship of a foreign-born child, or if the foreign-born child is not permanently residing in the country of citizenship, the country of the child’s habitual residence before adoption.

.04 Competent authority. A court or governmental agency of the foreign-sending country with jurisdiction and authority to make decisions in matters of child welfare, including adoption (as provided in 8 C.F.R. § 204.3 (2001)).

.05 Home state. The state (including the District of Columbia and possessions) in which the adopted child and adoptive parents make their habitual residence in the United States.

.06 Full and final adoption. An adoption of an orphan in which the competent

authority of the foreign-sending country enters a decree of adoption establishing a parent-child relationship and both adoptive parents (in adoptions by two parents) or the sole adoptive parent (in adoptions by one parent) see the orphan before or during the adoption proceeding.

.07 Simple adoption. An adoption of a foreign-born child in which the competent authority of the foreign-sending country enters a decree of adoption establishing a parent-child relationship under the laws of that foreign-sending country, but in which either (1) one or both of the adoptive parents do not see the foreign-born child before or during the adoption proceeding (in the case of an orphan receiving an IR–4 visa), or (2) the foreign-born child receives an IR–2 visa.

.08 Re-adoption. An adoption or other recognition proceeding under home state law occurring subsequent to the entry of a foreign-born child into the United States on an IR–4 or IR–2 visa.

.09 IR–2 visa. A visa issued to a foreignborn child adopted while under the age of 16 years who has been in the legal custody of, and has resided with, the adoptive parent or parents for at least 2 years.

.10 IR–3 visa. A visa issued to an orphan after a full and final adoption of the orphan has occurred in the foreign-sending country. An IR–3 visa is issued if: (1) the competent authority of the foreign-sending country severs the parental rights of the biological or any previous adoptive parents and establishes a parent-child relationship between the orphan and the adoptive parent or parents, and (2) both adoptive parents (in adoptions by two parents) or the sole adoptive parent (in adoptions by one parent) see the orphan before or during the adoption proceeding.

.11 IR–4 visa. An IR–4 visa issued to an orphan if: (1) the competent authority of the foreign-sending country grants legal guardianship or custody either to the prospective adoptive parent or parents or to an individual or agency acting on behalf of the prospective adoptive parent or parents, or (2) a simple adoption occurs in the foreignsending country.

March 3, 2003 541 2003–9 I.R.B.