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Title 42, The Public Health and WelfareRelease 119-110

§14921 Accreditation or Approval Required in Order to Provide Adoption Services in Cases Subject to the Convention

Title 42 › CHAPTER 143 — INTERCOUNTRY ADOPTIONS › SUBCHAPTER II — PROVISIONS RELATING TO ACCREDITATION AND APPROVAL › § 14921

Last updated Sep 22, 2026|Official source

Summary

People in the United States may not offer or provide adoption services for adoptions covered by the Convention unless they are officially approved under these rules or they work under the supervision of an approved agency or person. Exceptions: someone doing a background or home study if an approved agency accepts it; a person offering only child welfare services; a lawyer providing only legal help; and a prospective adoptive parent acting for themselves unless state law forbids it.

Full Legal Text

Title 42, §14921

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

(a)In general
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)Exceptions
Subsection (a) shall not apply to the following:
(1)Background studies and home studies
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)Child welfare services
The provision of a child welfare service by a person who is not providing any other adoption service in the case.
(3)Legal services
The provision of legal services by a person who is not providing any adoption service in the case.
(4)Prospective adoptive parents acting on own behalf
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.

Legislative History

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 14921

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110