Published: July 12, 2024 
Effective: January 8, 2025 

On July 12, the Department of State published a final rule revising the Code of Federal Regulations for accreditation and approval of U.S. adoption service providers (ASP). The final rule is available at [Federal Register: Intercountry Adoption: Regulatory Changes to Accreditation and Approval Regulations in Intercountry Adoption].  The final rule is effective on January 8, 2025.     

The Department thanks the public commenters for their feedback on the proposed rule. The Department carefully considered all comments received and responded to the significant comments in the preamble of the final rule.  The final rule reflects many changes made in response to public comments.   

The Department will hold information sessions with ASPs to go over changes in the final rule and answer questions in the coming weeks. Information about these sessions will be distributed to accredited and approved ASPs via the ASP listserv. 

MAJOR CHANGES 
The new section regarding alternative procedures for primary providers in intercountry adoption by relatives effectively simplifies and streamlines the adoption process for adoption by relatives by limiting the number of adoption services the primary provider must provide.   

The final rule also incorporates important new safeguards for all stakeholders in adoptions. Subpart F now includes a specific requirement for accredited agencies and approved persons to comply with all applicable laws in foreign countries where they provide adoption services. The final rule also enhances protections for prospective adoptive parents (PAP) by requiring ASPs to pay foreign supervised providers directly for adoption services. This will increase transparency around fees and costs PAPs can expect to pay for in-country adoption services.   

OTHER CHANGES 
The final rule includes increased requirements for financial recordkeeping by ASPs and additional training requirements for social service personnel with adoption-related responsibilities. It increases recordkeeping requirements for accrediting entities (AEs) and requires publication in the Federal Register of any AE fee increases for public comment prior to implementation.   

The final rule also provides greater transparency for adverse action taken by the Secretary and outlines the process for the Department’s debarment of ASPs.   

CHANGES NOT INCLUDED IN THE FINAL REGULATION 
Some commenters requested increased consultation with stakeholders on parts of the regulations. The Department concluded that the issues raised in these comments warrant further consideration. This final rule does not include revisions to three sections: § 96.40 fee policies and procedures, § 96.50 placement and post-placement monitoring, and § 96.54 placement standards for outgoing Convention cases.