42 U.S.C. § 14921
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-
Subsection (a) shall not apply to the following:
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.
The provision of a child welfare service by a person who is not providing any other adoption service in the case.
The provision of legal services by a person who is not providing any adoption service in the case.
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.
42 U.S.C. § 14921
EDITORIAL NOTES
REFERENCES IN TEXTThis subchapter, referred to in subsec. (a), was in the original "this title", meaning title II of Pub. L. 106-279, 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 Dates; Transition Rule note under section 14901 of this title.
- Convention adoption
- The term "Convention adoption" means an adoption of a child resident in a foreign country party to the Convention by a United States citizen, or an adoption of a child resident in the United States by an individual residing in another Convention country.
- Convention
- The term "Convention" means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993.
- State
- The term "State" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands.
- accredited agency
- The term "accredited agency" means an agency accredited under subchapter II to provide adoption services in the United States in cases subject to the Convention.
- adoption service
- The term "adoption service" means-(A) identifying a child for adoption and arranging an adoption;(B) securing necessary consent to termination of parental rights and to adoption;(C) performing a background study on a child or a home study on a prospective adoptive parent, and reporting on such a study;(D) making determinations of the best interests of a child and the appropriateness of adoptive placement for the child;(E) post-placement monitoring of a case until final adoption; and(F) where made necessary by disruption before final adoption, assuming custody and providing child care or any other social service pending an alternative placement.The term "providing", with respect to an adoption service, includes facilitating the provision of the service.
- approved person
- The term "approved person" means a person approved under subchapter II to provide adoption services in the United States in cases subject to the Convention.