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Title 42 — The Public Health and WelfareRelease 119-73

§14941 Access to Convention records

Title 42 › Chapter CHAPTER 143— - INTERCOUNTRY ADOPTIONS › Subchapter SUBCHAPTER IV— - ADMINISTRATION AND ENFORCEMENT › § 14941

Last updated Apr 6, 2026|Official source

Summary

The Secretary must, in consultation with the Attorney General, issue rules not later than 180 days after October 6, 2000, that set out how Convention records must be kept and protected. While making those rules, the Secretary must follow subsections (b), (c), and (d) of section 553 of title 5. Convention records may only be shared if they are kept under the Immigration and Nationality Act and federal law allows it. They may also be shared, as needed, among the Secretary, the Attorney General, central authorities, accredited agencies, and approved persons to carry out the Convention or this chapter. Illegal sharing is punishable under federal law. Adoption records that are not Convention records are handled under state law.

Full Legal Text

Title 42, §14941

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

(a)(1)Not later than 180 days after October 6, 2000, the Secretary, in consultation with the Attorney General, shall issue regulations that establish procedures and requirements in accordance with the Convention and this section for the preservation of Convention records.
(2)Subsections (b), (c), and (d) of section 553 of title 5 shall apply in the development and issuance of regulations under this section.
(b)(1)Except as provided in paragraph (2), the Secretary or the Attorney General may disclose a Convention record, and access to such a record may be provided in whole or in part, only if such record is maintained under the authority of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] and disclosure of, or access to, such record is permitted or required by applicable Federal law.
(2)A Convention record may be disclosed, and access to such a record may be provided, in whole or in part, among the Secretary, the Attorney General, central authorities, accredited agencies, and approved persons, only to the extent necessary to administer the Convention or this chapter.
(3)Unlawful disclosure of all or part of a Convention record shall be punishable in accordance with applicable Federal law.
(c)Disclosure of, access to, and penalties for unlawful disclosure of, adoption records that are not Convention records, including records of adoption proceedings conducted in the United States, shall be governed by applicable State law.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see

Short Title

note set out under section 1101 of Title 8 and Tables. This chapter, referred to in subsec. (b)(2), was in the original “this Act”, meaning Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 14901 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Subsec. (a) of this section effective Oct. 6, 2000, and subsecs. (b) and (c) of this 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 of Pub. L. 106–279, set out as an

Effective Date

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

Reference

Citations & Metadata

Citation

42 U.S.C. § 14941

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73