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Hague Convention Accreditation and Approval: Frequently Asked Questions
* This document provides a general overview of key elements of 22 CFR Part 96, the regulation
governing the accreditation and approval of intercountry adoption service providers under the
Intercountry Adoption Act of 2000. It is not a substitute for the actual regulation, nor is it a
comprehensive summary of the regulation. In the case of any inconsistencies between this document and
the regulation itself, the language of the regulation governs.
Why may an organization need to be accredited or approved for purposes of intercountry adoptions?
The United States is joining the Convention on Protection of Children and Co-operation in respect
of Intercountry Adoption, a multilateral treaty done at The Hague on May 29, 1993 (“Convention”).
The Convention sets out internationally agreed-upon rules and procedures for adoptions between
countries that have a treaty relationship under the Convention. With limited exceptions, the United
States will have a treaty relationship under the Convention with every other country that joins the
Convention. Countries that the United States has a treaty relationship with under the Convention
are called “Convention countries” in this summary and in the federal regulations governing adoptions
under the Convention. Once the United States has joined the Convention, U.S. adoption service
providers that wish to perform intercountry adoptions between the United States and a Convention
country will generally need to be accredited, temporarily accredited or approved pursuant to
procedures and standards established by the United States to ensure compliance with the Convention.
These procedures and standards have been promulgated as regulations by the U.S. Department of State
(“the Department”) in 22 CFR Part 96, and are referred to here as “the accreditation regulations”.
When will an organization need to be accredited or approved under the accreditation regulations?
Once the United States joins the Convention, an adoption service provider handling adoptions
between the United States and a Convention country will generally need to be accredited or approved,
or to work under the supervision of another provider that is accredited or approved. This will
likely occur in 2007.
Who can apply for Hague Convention accreditation or approval?
Private nonprofit and for-profit organizations and individuals are eligible to apply. Under the
accreditation regulations, nonprofit organizations (called “agencies”) may apply to be accredited or
temporarily accredited to provide intercountry adoptions under the Convention. For-profit organizations
and individuals (both called “persons”) may apply to be approved. (With a few exceptions, there is no
difference between the services accredited agencies and approved persons can provide.)
Does every agency or person engaged in intercountry adoptions have to apply for accreditation or approval?
An agency or person engaged in intercountry adoptions does not necessarily have to apply for
accreditation or approval. It may instead choose to work under the supervision of another provider
that is accredited/approved, or to provide only certain limited services that may be provided in
Convention cases without being accredited/approved or supervised. It may also choose to provide
services only in cases not subject to the Convention.
Once the United States joins the Convention, a private U.S. adoption service provider generally
will not be permitted to provide adoption services in intercountry adoption cases involving the
United States and a Convention country unless it is accredited, temporarily accredited, or approved,
or is supervised by an accredited agency, temporarily accredited agency or approved person. A few
exceptions exist and are set forth in subpart C of the accreditation regulations.
If your organization engages only in intercountry adoptions between the United States and another
country that is not a Convention country, it will not need to be accredited, temporarily accredited,
or approved.
The Department of State maintains a list of Convention countries at
www.travel.state.gov/family.
What are the adoption services for which an organization needs to be accredited, temporarily accredited or approved?
- Identifying a child for adoption and arranging an adoption;
- Securing consent to termination of parental rights and to adoption;
- Performing a home study and report on prospective adoptive parent(s) or a background study
and report on a child;
- Making a non-judicial determination of a child’s best interests and of the appropriateness
of an adoptive placement;
- Monitoring a case after a child has been placed with prospective adoptive parent(s) until
final adoption; and
- Assuming custody of a child and providing childcare or any other social service, when necessary
because of a disruption pending alternative placement.
If an organization is already licensed by a State and/or is accredited by a national voluntary accreditation body, does it still have to be accredited or approved under the accreditation regulations to provide adoption services in cases involving the United States and a Convention country?
Yes. State licensure and/or voluntary accreditation are not substitutes for accreditation,
temporary accreditation, or approval under the accreditation regulations. An agency or person
must be licensed or authorized by State licensing authorities, but it must also meet the
additional requirements set forth in the accreditation regulations to be accredited or approved.
Similarly, adoption service providers that have undergone a voluntary accreditation process will
still have to obtain Convention accreditation or approval under the accreditation regulations.
If norganization is accredited or approved, can it automatically operate in all Convention countries?
A Convention country is not required to permit accredited agencies or approved persons to
operate in its territory – it may insist that adoption services be handled by governmental
authorities instead. An adoption service provider may not provide adoption services in another
Convention country unless it is authorized to do so under that country’s laws.
When will the United States begin processing adoptions under the Convention?
The start-up date has not yet been determined, but is likely to be in 2007. The publication
of the accreditation regulations is one of a number of steps to be completed before the United
States joins the Convention. The other steps include designating one or more accrediting
entities and the accreditation and approval of adoption service providers. The Department
will announce several dates, including: the date when adoption service providers may begin
applying for accreditation/approval; the initial deadline for applications from providers who
wish to complete the accreditation/approval process before the United States joins the Convention;
the date on which the first round of accreditation and approval decisions will be announced; and
the date on which adoption processing under the Convention will begin.
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