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LegalText 42 U.S.C. § 14941 Access to Convention records us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 143 INTERCOUNTRY ADOPTIONS 14941 42 U.S.C. § 14941 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s14941 data/legal/raw/us/code/title-42/usc42.xml b3aa823b42c81dfe6009fa65e6425c760f27836b0ddc0e7795e80e29ba6082b9 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e f61ef132d50df1ab4407e1cd23ddcdbeaa77dd0087434fb4e927781070e0d777 2026-07-04 official
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42 U.S.C. § 14941 - Access to Convention records

Text

(a) Preservation of Convention records (1) In general Not later than 180 days after October 6, 2000, the Secretary, in consultation with the Attorney General, shall issue regulations that establish procedures and requirements in accordance with the Convention and this section for the preservation of Convention records.

(2) Applicability of notice and comment rules Subsections (b), (c), and (d) of section 553 of title 5 shall apply in the development and issuance of regulations under this section.

(b) Access to Convention records (1) Prohibition Except as provided in paragraph (2), the Secretary or the Attorney General may disclose a Convention record, and access to such a record may be provided in whole or in part, only if such record is maintained under the authority of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] and disclosure of, or access to, such record is permitted or required by applicable Federal law.

(2) Exception for administration of the Convention A Convention record may be disclosed, and access to such a record may be provided, in whole or in part, among the Secretary, the Attorney General, central authorities, accredited agencies, and approved persons, only to the extent necessary to administer the Convention or this chapter.

(3) Penalties for unlawful disclosure Unlawful disclosure of all or part of a Convention record shall be punishable in accordance with applicable Federal law.

(c) Access to non-Convention records Disclosure of, access to, and penalties for unlawful disclosure of, adoption records that are not Convention records, including records of adoption proceedings conducted in the United States, shall be governed by applicable State law.

(Pub. L. 106279, title IV, § 401, Oct. 6, 2000, 114 Stat. 841.)

Notes

Editorial Notes

References in TextThe Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. This chapter, referred to in subsec. (b)(2), was in the original “this Act”, meaning Pub. L. 106279, Oct. 6, 2000, 114 Stat. 825, 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 DateSubsec. (a) of this section effective Oct. 6, 2000, and subsecs. (b) and (c) of this section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of the Convention, with transition rule, see section 505 of Pub. L. 106279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.