---
kind: "section"
citation: "42 U.S.C. § 14923"
title: "42"
title_heading: "The Public Health and Welfare"
number: "14923"
heading: "Standards and procedures for providing accreditation or approval"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/14923"
units:
  - "Chapter 143 — Intercountry Adoptions"
  - "Subchapter II — Provisions Relating to Accreditation and Approval"
---

# §14923. Standards and procedures for providing accreditation or approval

- (a) **In general—**
  - (1) **Promulgation of regulations—** The [Secretary](/usc/42/14902.md?p=16), shall, by regulation, prescribe the standards and procedures to be used by [accrediting entities](/usc/42/14902.md?p=2) for the accreditation of [agencies](/usc/42/14902.md?p=4) and the approval of [persons](/usc/42/14902.md?p=14) to provide [adoption services](/usc/42/14902.md?p=3) in the United States in cases subject to the [Convention](/usc/42/14902.md?p=9).
  - (2) **Consideration of views—** In developing such regulations, the [Secretary](/usc/42/14902.md?p=16) 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](/usc/42/14902.md?p=4).
  - (3) **Applicability of notice and comment rules—** Subsections (b), (c), and (d) of [section 553 of title 5](/usc/5/553.md) shall apply in the development and issuance of regulations under this section.
- (b) **Minimum requirements—**
  - (1) **Accreditation—** The standards prescribed under [subsection (a)](#a) shall include the requirement that accreditation of an [agency](/usc/42/14902.md?p=4) may not be provided or continued under this subchapter unless the [agency](/usc/42/14902.md?p=4) meets the following requirements:
    - (A) **Specific requirements—**
      - (i) The [agency](/usc/42/14902.md?p=4) provides prospective adoptive parents of a child in a prospective [Convention adoption](/usc/42/14902.md?p=10) 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) The [agency](/usc/42/14902.md?p=4) ensures that a thorough background report (home study) on the prospective adoptive parent or parents has been completed in accordance with the [Convention](/usc/42/14902.md?p=9) and with applicable Federal and [State](/usc/42/14902.md?p=17) requirements and transmitted to the [Attorney General](/usc/42/14902.md?p=6) with respect to each [Convention adoption](/usc/42/14902.md?p=10). Each such report shall include a criminal background check and a full and complete statement of all facts relevant to the eligibility of the prospective adopting parent or parents to adopt a child under any requirements specified by the [central authority](/usc/42/14902.md?p=7) of the child’s country of origin under [section 14912(b)(3) of this title](/usc/42/14912.md?p=b-3), including, in the case of a child emigrating to the United States for the purpose of adoption, the requirements of the child’s country of origin applicable to adoptions taking place in such country. For purposes of this clause, the term “background report (home study)” includes any supplemental statement submitted by the [agency](/usc/42/14902.md?p=4) to the [Attorney General](/usc/42/14902.md?p=6) for the purpose of providing information relevant to any requirements specified by the child’s country of origin.
      - (iii) The [agency](/usc/42/14902.md?p=4) provides prospective adoptive parents with a training program that includes counseling and guidance for the purpose of promoting a successful intercountry adoption before such parents travel to adopt the child or the child is placed with such parents for adoption.
      - (iv) The [agency](/usc/42/14902.md?p=4) employs personnel providing intercountry [adoption services](/usc/42/14902.md?p=3) on a fee for service basis rather than on a contingent fee basis.
      - (v) The [agency](/usc/42/14902.md?p=4) discloses fully its policies and [practices](/usc/42/17061.md?p=19), the disruption rates of its placements for intercountry adoption, and all fees charged by such [agency](/usc/42/14902.md?p=4) for intercountry adoption.
    - (B) **Capacity to provide adoption services—** The [agency](/usc/42/14902.md?p=4) has, directly or through arrangements with other [persons](/usc/42/14902.md?p=14), a sufficient number of appropriately trained and qualified personnel, sufficient financial resources, appropriate organizational structure, and appropriate procedures to enable the [agency](/usc/42/14902.md?p=4) to provide, in accordance with this chapter, all [adoption services](/usc/42/14902.md?p=3) in cases subject to the [Convention](/usc/42/14902.md?p=9).
    - (C) **Use of social service professionals—** The [agency](/usc/42/14902.md?p=4) has established procedures designed to ensure that social service functions requiring the application of clinical skills and judgment are performed only by professionals with appropriate qualifications and credentials.
    - (D) **Records, reports, and information matters—** The [agency](/usc/42/14902.md?p=4) is capable of—
      - (i) maintaining such records and making such reports as may be required by the [Secretary](/usc/42/14902.md?p=16), the United States [central authority](/usc/42/14902.md?p=7), and the [accrediting entity](/usc/42/14902.md?p=2) that accredits the [agency](/usc/42/14902.md?p=4);
      - (ii) cooperating with reviews, inspections, and audits;
      - (iii) safeguarding sensitive individual information; and
      - (iv) complying with other requirements concerning information management necessary to ensure compliance with the [Convention](/usc/42/14902.md?p=9), this chapter, and any other applicable law.
    - (E) **Liability insurance—** The [agency](/usc/42/14902.md?p=4) agrees to have in force adequate liability insurance for professional negligence and any other insurance that the [Secretary](/usc/42/14902.md?p=16) considers appropriate.
    - (F) **Compliance with applicable rules—** The [agency](/usc/42/14902.md?p=4) has established adequate measures to comply (and to ensure compliance of their agents and clients) with the [Convention](/usc/42/14902.md?p=9), this chapter, and any other applicable law.
    - (G) **Nonprofit organization with state license to provide adoption services—** The [agency](/usc/42/14902.md?p=4) is a private [nonprofit](/usc/42/300s–3.md?p=3) organization licensed to provide [adoption services](/usc/42/14902.md?p=3) in at least one [State](/usc/42/14902.md?p=17).
  - (2) **Approval—** The standards prescribed under [subsection (a)](#a) shall include the requirement that a [person](/usc/42/14902.md?p=14) shall not be approved under this subchapter unless the [person](/usc/42/14902.md?p=14) is a private for-profit entity that meets the requirements of subparagraphs [(A)](#b-1-A) through [(F)](#b-1-F) of paragraph (1) of this subsection.
  - (3) **Renewal of accreditation or approval—** The standards prescribed under [subsection (a)](#a) shall provide that the accreditation of an [agency](/usc/42/14902.md?p=4) or approval of a [person](/usc/42/14902.md?p=14) under this subchapter shall be for a period of not less than 3 years and not more than 5 years, and may be renewed on a showing that the [agency](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14) meets the requirements applicable to original accreditation or approval under this subchapter.
- (c) **Temporary registration of community based agencies—**
  - (1) **One-year registration period for medium community based agencies—** For a 1-year period after the entry into force of the [Convention](/usc/42/14902.md?p=9) and notwithstanding [subsection (b)](#b), the [Secretary](/usc/42/14902.md?p=16) may provide, in regulations issued pursuant to [subsection (a)](#a), that an [agency](/usc/42/14902.md?p=4) may register with the [Secretary](/usc/42/14902.md?p=16) and be accredited to provide [adoption services](/usc/42/14902.md?p=3) in the United States in cases subject to the [Convention](/usc/42/14902.md?p=9) during such period if the [agency](/usc/42/14902.md?p=4) has provided [adoption services](/usc/42/14902.md?p=3) in fewer than 100 intercountry adoptions in the preceding calendar year and meets the criteria described in [paragraph (3)](#c-3).
  - (2) **Two-year registration period for small community-based agencies—** For a 2-year period after the entry into force of the [Convention](/usc/42/14902.md?p=9) and notwithstanding [subsection (b)](#b), the [Secretary](/usc/42/14902.md?p=16) may provide, in regulations issued pursuant to [subsection (a)](#a), that an [agency](/usc/42/14902.md?p=4) may register with the [Secretary](/usc/42/14902.md?p=16) and be accredited to provide [adoption services](/usc/42/14902.md?p=3) in the United States in cases subject to the [Convention](/usc/42/14902.md?p=9) during such period if the [agency](/usc/42/14902.md?p=4) has provided [adoption services](/usc/42/14902.md?p=3) in fewer than 50 intercountry adoptions in the preceding calendar year and meets the criteria described in [paragraph (3)](#c-3).
  - (3) **Criteria for registration—** [Agencies](/usc/42/14902.md?p=4) registered under this subsection shall meet the following criteria:
    - (A) The [agency](/usc/42/14902.md?p=4) is licensed in the [State](/usc/42/14902.md?p=17) in which it is located and is a [nonprofit](/usc/42/300s–3.md?p=3) [agency](/usc/42/14902.md?p=4).
    - (B) The [agency](/usc/42/14902.md?p=4) has been providing [adoption services](/usc/42/14902.md?p=3) in connection with intercountry adoptions for at least 3 years.
    - (C) The [agency](/usc/42/14902.md?p=4) has demonstrated that it will be able to provide the United States Government with all information related to the elements described in [section 14914(b) of this title](/usc/42/14914.md?p=b) and provides such information.
    - (D) The [agency](/usc/42/14902.md?p=4) has initiated the process of becoming accredited under the provisions of this chapter and is actively taking steps to become an [accredited agency](/usc/42/14902.md?p=1).
    - (E) The [agency](/usc/42/14902.md?p=4) has not been found to be involved in any improper conduct relating to intercountry adoptions.

## Source credit

(Pub. L. 106–279, title II, § 203, Oct. 6, 2000, 114 Stat. 832.)

## Notes

### Editorial Notes

### References in Text

This subchapter, referred to in subsec. (b), 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.

This chapter, referred to in subsecs. (b)(1)(B), (D)(iv), (F) and (c)(3)(D), 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 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 Oct. 6, 2000, with transition rule, see section 505(a)(1), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.