Transfer of Pending Convention Cases to Accredited Adoption Service Providers

August 1, 2008

Adoption service providers that have been denied accreditation or approval may have pending adoption cases that are now, or will likely become, Convention cases before they can be brought to a conclusion. Such adoption service providers are urged to transfer any such cases expeditiously to an accredited, temporarily accredited, or approved adoption service provider.

Adoption service providers that have been denied accreditation or approval should activate their plans for transferring pending Convention cases to accredited, temporarily accredited, or approved adoption service providers in a timely and transparent manner, including refunding fees to prospective adoptive parents for services not yet provided. (All adoption service providers that applied for accreditation or approval provided a plan pursuant to 22 CFR 96.33(e) for transferring cases in the event an agency cannot see them to completion. Applicants for temporary accreditation were to have such a plan pursuant to 22 CFR 96.104(k).) Whether a transferred case may proceed on the same track it was on prior to the transfer to an accredited, temporarily accredited, or approved adoption service provider will depend largely on the facts of the case, the requirements of the country of origin, and the regulations of the state in which the new adoption service provider is located.