42 U.S.C. § 14921

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

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(a) In generalExcept 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) ExceptionsSubsection (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.

(Pub. L. 106–279, title II, § 201, Oct. 6, 2000, 114 Stat. 830.)Editorial NotesReferences 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 SubsidiariesEffective 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 Dates; Transition Rule note under section 14901 of this title.

Notes of Decisions

Cited in 1 case, 2020–2020 · leading case: Nat'l Council for Adoption v. Pompeo (D.D.C. 2020).

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Nat'l Council for Adoption v. Pompeo (D.D.C. 2020). “42 U.S.C. § 14921 (a). Under the IAA, accrediting entities, which are designated by the State Department, process prospective ASPs’ applications for accreditation and renewals of accreditation, and monitor their compliance with accreditation standards.”

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