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42 U.S.C. § 14925 — Universal accreditation requirements
Federal law — U.S. Code and appendices · legal_authorities
Page 8654
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14925
rective action and the noncompliance has
not recurred.
(3) Repeated failures to comply
Repeated serious, willful, or grossly neg-
ligent failures to comply with the require-
ments of section 14923(b)(1)(A)(ii) of this title
by an agency or person after consultation be-
tween Secretary and the accrediting entity
with respect to previous noncompliance by
such agency or person shall constitute a pat-
tern of serious, willful, or grossly negligent
failures to comply under subsection (c)(1)(B).
(4) Failure to comply with certain require-
ments
A failure to comply with the requirements of
section 14923(b)(1)(A)(ii) of this title shall con-
stitute a serious failure to comply under sub-
section (c)(1)(B) unless it is shown by clear and
convincing evidence that such noncompliance
had neither the purpose nor the effect of deter-
mining the outcome of a decision or pro-
ceeding by a court or other competent author-
ity in the United States or the child’s country
of origin.
(Pub. L. 106–279, title II, § 204, Oct. 6, 2000, 114
Stat. 835.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 106–279, Oct. 6,
2000, 114 Stat. 825, known as the Intercountry Adoption
Act of 2000, which is classified principally to this chap-
ter. For complete classification of this Act to the Code,
see Short Title note set out under section 14901 of this
title and Tables.
This subchapter, referred to in subsecs. (c)(1), (3) and
(d), was in the original ‘‘this title’’, meaning title II of
Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which is clas-
sified principally to this subchapter. For complete clas-
sification of title II to the Code, see Tables
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Source location: USCODE-2024-title42-chap143-subchapII-sec14925.pdf
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Page 8654
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14925
rective action and the noncompliance has
not recurred.
(3) Repeated failures to comply
Repeated serious, willful, or grossly neg-
ligent failures to comply with the require-
ments of section 14923(b)(1)(A)(ii) of this title
by an agency or person after consultation be-
tween Secretary and the accrediting entity
with respect to previous noncompliance by
such agency or person shall constitute a pat-
tern of serious, willful, or grossly negligent
failures to comply under subsection (c)(1)(B).
(4) Failure to comply with certain require-
ments
A failure to comply with the requirements of
section 14923(b)(1)(A)(ii) of this title shall con-
stitute a serious failure to comply under sub-
section (c)(1)(B) unless it is shown by clear and
convincing evidence that such noncompliance
had neither the purpose nor the effect of deter-
mining the outcome of a decision or pro-
ceeding by a court or other competent author-
ity in the United States or the child’s country
of origin.
(Pub. L. 106–279, title II, § 204, Oct. 6, 2000, 114
Stat. 835.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 106–279, Oct. 6,
2000, 114 Stat. 825, known as the Intercountry Adoption
Act of 2000, which is classified principally to this chap-
ter. For complete classification of this Act to the Code,
see Short Title note set out under section 14901 of this
title and Tables.
This subchapter, referred to in subsecs. (c)(1), (3) and
(d), was in the original ‘‘this title’’, meaning title II of
Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which is clas-
sified principally to this subchapter. For complete clas-
sification of title II to the Code, see Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 6, 2000, with transition rule, see
section 505(a)(1), (b) of Pub. L. 106–279, set out as an Ef-
fective Dates; Transition Rule note under section 14901
of this title.
§ 14925. Universal accreditation requirements
(a) In general
The provisions of title II and section 404 of the
Intercountry Adoption Act of 2000 (42 U.S.C.
14901 et seq.[, 42 U.S.C. 14944]), and related im-
plementing regulations, shall apply to any per-
son offering or providing adoption services in
connection with a child described in section
1101(b)(1)(F) of title 8, to the same extent as
they apply to the offering or provision of adop-
tion services in connection with a Convention
adoption. The Secretary of State, the Secretary
of Homeland Security, the Attorney General
(with respect to section 404(b) of the Inter-
country
Adoption
Act
of
2000
(42
U.S.C.
14944[(b)])), and the accrediting entities shall
have the duties, responsibilities, and authorities
under title II and title IV of the Intercountry
Adoption Act of 2000 [42 U.S.C. 14921 et seq., 14941
et seq.] and related implementing regulations
with respect to a person offering or providing
such adoption services, irrespective of whether
such services are offered or provided in connec-
tion with a Convention adoption.
(b) Effective date
The provisions of this section shall take effect
18 months after January 14, 2013.
(c) Transition rule
This Act shall not apply to a person offering
or providing adoption services as described in
subsection (a) in the case of a prospective adop-
tion in which—
(1) an application for advance processing of
an orphan petition or petition to classify an
orphan as an immediate relative for a child is
filed before the date that is 180 days after Jan-
uary 14, 2013; or
(2) the prospective adoptive parents of a
child have initiated the adoption process with
the filing of an appropriate application in a
foreign country sufficient such that the Sec-
retary of State is satisfied before the date that
is 180 days after January 14, 2013.
(Pub. L. 112–276, § 2, Jan. 14, 2013, 126 Stat. 2466.)
Editorial Notes
REFERENCES IN TEXT
The Intercountry Adoption Act of 2000, referred to in
subsec. (a), is Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825.
Title II of the Act is classified principally to this sub-
chapter, and title IV of the Act is classified generally
to subchapter IV (§ 14941 et seq.) of 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.
This Act, referred to in subsec. (c), is Pub. L. 112–276,
Jan. 14, 2013, 126 Stat. 2466, known as the Intercountry
Adoption Universal Accreditation Act of 2012. For com-
plete classification of this Act to the Code, see Short
Title of 2013 Amendment note set out under section
14901 of this title and Tables.
CODIFICATION
Section was enacted as part of the Intercountry
Adoption Universal Accreditation Act of 2012, and not
as part of the Intercountry Adoption Act of 2000 which
comprises this chapter.
Statutory Notes and Related Subsidiaries
DEFINITIONS
Pub. L. 112–276, § 4, Jan. 14, 2013, 126 Stat. 2467, pro-
vided that: ‘‘In this Act [see Short Title of 2013 Amend-
ment note set out under section 14901 of this title], the
terms ‘accrediting entity’, ‘adoption service’, ‘Conven-
tion adoption’, and ‘person’ have the meanings given
those terms in section 3 of the Intercountry Adoption
Act of 2000 (42 U.S.C. 14902).’’
SUBCHAPTER III—RECOGNITION OF CON-
VENTION
ADOPTIONS
IN
THE
UNITED
STATES
§ 14931. Adoptions of children immigrating to the
United States
(a) Legal effect of certificates issued by the Sec-
retary of State
(1) Issuance of certificates by the Secretary of
State
The Secretary of State shall, with respect to
each Convention adoption, issue a certificate
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preemption of inconsistent State law** The Convention and this chapter shall not be construed to preempt any provision of the law of any State or political subdivision thereof, or prevent a State or political subdivision thereof from enacting any provision of law with respect to the subject matter of the Convention or this chapter, except to the extent that such provision of State law is inconsistent with the Convention or this chapter, and then only to the extent of the inconsistency.
**(b) Applicability of the Indian Child Welfare Act** The Convention and this chapter shall not be construed to affect the application of the Indian Child Welfare Act of 1978 ([25 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1901&num=0&edition=prelim) et seq.).
**(c) Relationship to other laws** Sections 3506(c), 3507, and 3512 of title 44 shall not apply to information collection for purposes of sections 14914, 14922(b)(4), and 14932(d) of this title or for use as a Convention record as defined in this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14901
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Federal law — U.S. Code and appendices · legal_authorities
Page 8645
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14901
poison control centers. See provisions set out as a note
under section 300d–71 of this title.
Section 14802, Pub. L. 106–174, § 3, Feb. 25, 2000, 114
Stat. 18, defined ‘‘Secretary’’.
Section 14803, Pub. L. 106–174, § 4, Feb. 25, 2000, 114
Stat. 18, established a national toll-free number to be
used to access regional poison control centers. See sec-
tion 300d–71 of this title.
Section 14804, Pub. L. 106–174, § 5, Feb. 25, 2000, 114
Stat. 19, established a nationwide media campaign to
educate the public and health care providers about poi-
son prevention and the availability of poison control
resources in local communities. See section 300d–72 of
this title.
Section 14805, Pub. L. 106–174, § 6, Feb. 25, 2000, 114
Stat. 19, related to the award of grants to certified re-
gional poison control centers. See section 300d–73 of
this title.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 106–174, § 1, Feb. 25, 2000, 114 Stat. 18, which
provided that Pub. L. 106–174, enacting this chapter,
could be cited as the ‘‘Poison Control Center Enhance-
ment and Awareness Act’’, was repealed by Pub. L.
108–194, § 4, Dec. 19, 2003, 117 Stat. 2891.
CHAPTER 143—INTERCOUNTRY ADOPTIONS
Sec.
14901.
Findings and purposes.
14902.
Definitions.
SUBCHAPTER I—UNITED STATES CENTRAL
AUTHORITY
14911.
Designation of central authority.
14912.
Responsibilities of the Secretary of State.
14913.
Responsibilities of the Attorney General.
14914.
Annual report on intercountry adoptions.
SUBCHAPTER II—PROVISIONS RELATING TO
ACCREDITATION AND APPROVAL
14921.
Accreditation or approval required in order to
provide adoption services in cases subject
to the Convention.
14922.
Process for accreditation and
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 14901
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Federal law — U.S. Code and appendices · legal_authorities
The Convention and this chapter shall not be construed to create a private right of action to seek administrative or judicial relief, except to the extent expressly provided in this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14902
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Federal law — U.S. Code and appendices · legal_authorities
Page 8646
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14902
plication before the effective date described in sub-
section (a)(2).’’
SHORT TITLE OF 2020 AMENDMENT
Pub. L. 116–184, § 1, Oct. 30, 2020, 134 Stat. 897, provided
that: ‘‘This Act [amending section 14914 of this title
and enacting provisions set out as notes under section
14914 of this title] may be cited as the ‘Intercountry
Adoption Information Act of 2019’.’’
SHORT TITLE OF 2013 AMENDMENT
Pub. L. 112–276, § 1, Jan. 14, 2013, 126 Stat. 2466, pro-
vided that: ‘‘This Act [enacting section 14925 of this
title, amending sections 14922 and 14943 of this title,
and enacting provisions set out as a note under section
14925 of this title] may be cited as the ‘Intercountry
Adoption Universal Accreditation Act of 2012’.’’
SHORT TITLE
Pub. L. 106–279, § 1(a), Oct. 6, 2000, 114 Stat. 825, pro-
vided that: ‘‘This Act [enacting this chapter and
amending section 622 of this title and sections 1101 and
1154 of Title 8, Aliens and Nationality] may be cited as
the ‘Intercountry Adoption Act of 2000’.’’
§ 14902. Definitions
As used in this chapter:
(1) Accredited agency
The term ‘‘accredited agency’’ means an
agency accredited under subchapter II to pro-
vide adoption services in the United States in
cases subject to the Convention.
(2) Accrediting entity
The term ‘‘accrediting entity’’ means an en-
tity designated under section 14922(a) of this
title to accredit agencies and approve persons
under subchapter II.
(3) Adoption service
The term ‘‘adoption service’’ means—
(A) identifying a child for adoption and ar-
ranging an adoption;
(B) securing necessary consent to termi-
nation of parental rights and to adoption;
(C) performing a background study on a
child or a home study on a prospective adop-
tive
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 14902
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Federal law — U.S. Code and appendices · legal_authorities
In addition to such other responsibilities as are specifically conferred upon the Attorney General by this chapter, the central authority functions specified in Article 14 of the Convention (relating to the filing of applications by prospective adoptive parents to the central authority of their country of residence) shall be performed by the Attorney General.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14921
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Federal law — U.S. Code and appendices · legal_authorities
Page 8650
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14921
SUBCHAPTER II—PROVISIONS RELATING
TO ACCREDITATION AND APPROVAL
§ 14921. Accreditation or approval required in
order to provide adoption services in cases
subject to the Convention
(a) In general
Except as otherwise provided in this sub-
chapter, no person may offer or provide adoption
services in connection with a Convention adop-
tion 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 fol-
lowing:
(1) Background studies and home studies
The performance of a background study on a
child or a home study on a prospective adop-
tive parent, or any report on any such study
by a social work professional or organization
who is not providing any other adoption serv-
ice 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 adop-
tion 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 ex-
tent not prohibited by the law of the State in
which the prospective adoptive parent resides.
(Pub. L. 106–279, title II, § 201, Oct. 6, 2000, 114
Stat. 830.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in subsec. (a), was in the
original ‘‘this title’’, meaning title II of Pub. L. 10
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 14921
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Promulgation of regulations** — The Secretary, shall, by regulation, prescribe the standards and procedures to be used by accrediting entities for the accreditation of agencies and the approval of persons to provide adoption services in the United States in cases subject to the Convention.
(2) **Consideration of views** — In developing such regulations, the Secretary shall consider any standards or procedures developed or proposed by, and the views of, individuals and entities with interest and expertise in international adoptions and family social services, including public and private entities with experience in licensing and accrediting adoption agencies.
(3) **Applicability of notice and comment rules** — Subsections (b), (c), and (d) of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) shall apply in the development and issuance of regulations under this section.
**(b) Minimum requirements**
(1) **Accreditation** — The standards prescribed under subsection (a) shall include the requirement that accreditation of an agency may not be provided or continued under this subchapter unless the agency meets the following requirements:
(A) *Specific requirements*
(i) The agency provides prospective adoptive parents of a child in a prospective Convention adoption a copy of the medical records of the child (which, to the fullest extent practicable, shall include an English-language translation of such records) on a date which is not later than the earlier of the date that is 2 weeks before: (I) the adoption; or (II) the date on which the prospective parents travel to a foreign country to complete all procedures in such country relating to the adoption.
(ii) Th
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Federal law — U.S. Code and appendices · legal_authorities
Documents originating in any other Convention country and related to a Convention adoption case shall require no authentication in order to be admissible in any Federal, State, or local court in the United States, unless a specific and supported claim is made that the documents are false, have been altered, or are otherwise unreliable.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14944
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Federal law — U.S. Code and appendices · legal_authorities
Page 8657
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14944
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, pur-
suant to Article 46(2)(a) of the Convention, with transi-
tion rule, see section 505(a)(2), (b) of Pub. L. 106–279, set
out as an Effective Dates; Transition Rule note under
section 14901 of this title.
§ 14943. Authorization of appropriations; collec-
tion of fees
(a) Authorization of appropriations
(1) In general
There are authorized to be appropriated such
sums as may be necessary to agencies of the
Federal Government implementing the Con-
vention and the provisions of this chapter.
(2) Availability of funds
Amounts appropriated pursuant to para-
graph (1) are authorized to remain available
until expended.
(b) Assessment of fees
(1) The Secretary may charge a fee for new or
enhanced services that will be undertaken by
the Department of State to meet the require-
ments of this chapter with respect to inter-
country adoptions under the Convention and
comparable services with respect to other inter-
country adoptions. Such fee shall be prescribed
by regulation and shall not exceed the cost of
such services.
(2) Fees collected under paragraph (1) shall be
retained and deposited as an offsetting collec-
tion to any Department of State appropriation
to recover the costs of providing such services.
Such fees shall remain available for obligation
until expended.
(Pub. L. 106–279, title IV, § 403, Oct. 6, 2000, 114
Stat. 841; Pub. L. 107–228, div. A, title II, § 211(a),
Sept. 30, 2002, 116 Stat. 1365; Pub. L. 112–276,
§ 3(a), Jan. 14, 2013, 126 Stat. 2467.)
Editorial Notes
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 14944
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