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Intercountry Adoption > Adoption Reference > Adoption FAQs > FAQ: Guidance on Whether a Primary Provider is Needed in Every Convention Case
The Hague Adoption Convention accreditation regulations (22 CFR Part 96) establish the central importance and role of primary providers. Section 96.14 provides that "…in each Convention adoption case, an accredited agency, a temporarily accredited agency, or an approved person will be identified and act as the primary provider." Section 96.2 defines a primary provider as "the accredited agency, temporarily accredited agency, or approved person that is identified pursuant to section 96.14 as responsible for ensuring that all six adoption services are provided and for supervising and being responsible for supervised providers where used."
Furthermore, DHS (USCIS) regulations governing the I-800A application process and the I-800 petition process require participation by an accredited agency, temporarily accredited agency, or approved person that is acting as the a primary provider at important points in the adoption process, as follows:
In summary, the U.S. Department of Homeland Security, Citizenship and Immigration Services (USCIS) regulations governing the I-800 processes impose duties on a primary provider that may not be accomplished by anyone else. Every family adopting from a Convention country needs a primary provider to perform these duties and functions.
U.S. citizen families residing abroad are not exempted from this requirement. They must engage an accredited agency, temporarily accredited agency or approved person to act as the primary provider for the Convention adoption case.
If your accreditation or temporary accreditation permits you to act as a primary provider, and you are the sole agency providing adoption services in a Convention case, you are obliged to act as the primary provider in the case. See 22 CFR 96.14(a). This provision applies in cases involving U.S. families residing in the United States and abroad.
Unless you are an attorney or accredited representative authorized to appear before USCIS, you may not advise them about how to complete Form I-800 or Form I-800A. 8 CFR 1.1(i), (j) and (k) and 204.302(b). If your role is limited to the preparation of the home study, however, you must, of course, inform them of this fact, which should prompt them to understand that they should check box “a” for this question, and list your agency information in the spaces provided.
If you are an accredited agency, temporarily accredited agency, or approved person providing the home study, and your accreditation or temporary accreditation permits you to act as a primary provider, and no other accredited or approved adoption service provider is providing adoption services in the case, you are obligated under section 96.14 to be the primary provider. You cannot opt out of this requirement. For future Convention cases, you could decide not to provide home study services unless another accredited agency, temporarily accredited agency, or approved person has already been identified as the primary provider. If you are not an accredited or temporarily accredited agency or an approved person (or you are, but your accreditation or temporary accreditation does not permit you to act as a primary provider), then you cannot legally act as the primary provider, even though no other accredited or approved adoption service provider is providing adoption services in the case. The prospective adoptive parents will need to secure the services of the accredited or temporarily accredited agency that reviewed and approved the home study, or another accredited or approved adoption service provider, to be the primary provider. You should make this fact clear to prospective adoptive parents before they engage you to conduct the home study.
For guidance on how this was impacted by the UAA, please see our FAQ on The Universal Accreditation Act of 2012