Intercountry Adoption Reform Act of 2004 or ICARE Act - Establishes an Office of Intercountry Adoptions within the Department of State (DOS). Requires the President to appoint an Ambassador at Large to head the Office.
Transfers to the Office all immigration functions with respect to intercountry adoptions currently performed by the Department of Homeland Security (DHS).
Amends the Immigration and Nationality Act to grant automatic U.S. citizenship to internationally adopted children upon entry of a full and final adoption decree (thus dispensing with the need for such children to obtain visas).
Creates a new W nonimmigrant visa category for children traveling to the United States to be adopted by U.S. citizens.
Allows adopted children age 18 or under to claim an exception to immunization requirements for purposes of admissibility (currently limited to those age 10 or under).
Redefines the term "adoptable child."
Requires U.S. citizen adoptive parents to obtain approval of an adoption petition prior to issuance of a W visa or a full and final adoption decree. Provides that such petitions are subject to the terms applicable to orphan petitions. Directs the Secretary of State to issue regulations: (1) establishing an expedited reapproval process for families whose prior approvals to adopt have expired; and (2) governing the appeal of petition denials.
Requires the Office to determine whether a child is an adoptable child, pursuant to specified procedures, as a prerequisite to the issuance of a W visa or a full and final adoption decree.
Sets forth civil and criminal penalties for certain violations.