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Title 42, The Public Health and WelfareRelease 119-110

§14952 Special Rules for Certain Cases

Title 42 › CHAPTER 143 — INTERCOUNTRY ADOPTIONS › SUBCHAPTER V — GENERAL PROVISIONS › § 14952

Last updated Sep 22, 2026|Official source

Summary

The Secretary may create special rules for relatives (by blood, marriage, or adoption) who want to adopt children in cases covered by the Convention, as long as those rules agree with the Convention. The Secretary may also, for each individual case and only if it fits the Convention, waive rules in this chapter or its regulations to serve the interests of justice or to prevent grave physical harm to the child. That waiver power cannot be delegated to anyone else.

Full Legal Text

Title 42, §14952

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

(a)Authority to establish alternative procedures for adoption of children by relatives
To the extent consistent with the Convention, the Secretary may establish by regulation alternative procedures for the adoption of children by individuals related to them by blood, marriage, or adoption, in cases subject to the Convention.
(b)Waiver authority
(1)In general
Notwithstanding any other provision of this chapter, to the extent consistent with the Convention, the Secretary may, on a case-by-case basis, waive applicable requirements of this chapter or regulations issued under this chapter, in the interests of justice or to prevent grave physical harm to the child.
(2)Nondelegation
The authority provided by paragraph (1) may not be delegated.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b)(1), 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

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. § 14952

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110