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New Guidelines in Effect for the Universal Accreditation Act

We get a lot of inquiries regarding families that want to do an independent intercountry adoption. With the Universal Accreditation Act that went into effect on July 14, 2014, there are the new guidelines.  Families cannot adopt independently or with a facilitator unless they are an accredited or approved primary provider.

Click Here  for details from the U.S. Department of State.

Can I complete the intercountry adoption process doing an independent adoption* in which I do the adoption work myself without the help of an accredited or approved provider?

• No.  An accredited or approved primary provider is required in every intercountry adoption case, unless a public domestic authority is providing all of the adoption services.  The primary provider is responsible for ensuring that all six adoption services are provided in accordance with the Convention and applicable laws and regulations.  The six adoption services can be provided by the primary provider itself or by an agency or person supervised by the primary provider, or by an exempted provider.  Prospective adoptive parents acting on their own behalf do not require accreditation, approval, or supervision unless such conduct is prohibited by State law or the law of the country of origin of the child being adopted.  Under the (UAA), the requirement for a primary provider applies whether you are adopting from a Convention or a non-Convention country.

I plan to adopt from a non- Convention country with the help of a U.S. facilitator with connections and partners in the country of origin. This facilitator is not accredited or approved and insists he does not need to be accredited. Will I be able to complete the intercountry adoption process with just the facilitator’s help?

• No.  An accredited or approved primary provider is required in every intercountry adoption case, unless a public domestic authority is providing all the services.  A facilitator who is not accredited or approved cannot be a primary provider or provide any of the six adoption services without supervision by an accredited agency or approved person or without being an exempted provider.  The facilitator’s assertions alone that he/she does not need accreditation or approval are not sufficient to exempt him/her from the requirement.  The key is whether his/her activities fall under the definition of adoption service in the law.  For more information on what an adoption service is, see the FAQ on Who Needs to be Accredited or Approved, or 22 CFR 96.2, Definitions.  The requirement for a primary provider in non-Convention orphan cases under INA section 101(b)(1)(F) takes effect on July 14, 2014.

The reason for requiring accreditation, approval, or supervision of adoption service providers, often including facilitators, is to ensure accountability and uniformly high standards of conduct.  In the past, some facilitators have engaged in illegal or unethical practices, obtaining children for adoption illicitly through child buying, child abduction, deception, or other means that exploited the poverty and lack of sophistication of birth mothers and orphanages.  U.S. accreditation standards combat those illicit practices by requiring accountability both to State licensing authorities applying State standards and to accrediting entities applying Federal standards.  Having a primary provider in every adoption case ensures that one agency or person has ultimate responsibility for the proper and effective provision of adoption services.

For more information, you can contact LFCS at 314-787-5100.