§14921 — Title 42 The Public Health and Welfare | U.S. Code

Summary

People may not give adoption services for Hague Convention adoptions in the United States unless they are accredited or approved under this law, or they provide those services through and under the supervision of an accredited agency or approved person. Four exceptions apply: doing only a home or background study that an accredited agency approves; only providing a child welfare service; only providing legal services; and a prospective adoptive parent acting for themself unless state law forbids it.

Title 42, §14921

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Except as otherwise provided in this subchapter, no person may offer or provide adoption services in connection with a Convention adoption in the United States unless that person—

(1)is accredited or approved in accordance with this subchapter; or

(2)is providing such services through or under the supervision and responsibility of an accredited agency or approved person.

(b)Subsection (a) shall not apply to the following:

(1)The performance of a background study on a child or a home study on a prospective adoptive parent, or any report on any such study by a social work professional or organization who is not providing any other adoption service in the case, if the background or home study is approved by an accredited agency.

(2)The provision of a child welfare service by a person who is not providing any other adoption service in the case.

(3)The provision of legal services by a person who is not providing any adoption service in the case.

(4)The conduct of a prospective adoptive parent on his or her own behalf in the case, to the extent not prohibited by the law of the State in which the prospective adoptive parent resides.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsec. (a), was in the original “this title”, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which is classified principally to this subchapter. For complete classification of title II to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of the Convention, with transition rule, see section 505(a)(2), (b) of Pub. L. 106–279, set out as an

Effective Date

s; Transition Rule note under section 14901 of this title.

§14921 Accreditation or approval required in order to provide adoption services in cases subject to the Convention

Summary

Title 42, §14921

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata