Travel.State.Gov >
Intercountry Adoption > For Adoption Professionals > Foreign Providers > Foreign Supervised Providers: Country Specific Guidance
The Office of Children’s Issues, Adoption Oversight Division provides the following information for accredited/approved adoption service providers’ (ASP) compliance with regulatory requirements regarding the supervision of foreign providers. Information about specific countries will generally be disseminated through public notices and the ASP listserv, as the Office of Children’s Issues becomes aware of it, and then added to this page, which will be updated as needed.
The information on the role of orphanages is specific to each country. Countries differ in their internal processes including, but not limited to, how they exert control over the adoption system, how they regulate orphanages, how adoption documents flow between government offices and government branches, the type and frequency of contact ASPs are permitted to have with orphanages, and more. ASPs should make informed, independent, provider-by-provider assessments of who should be supervised and who is exempt from supervision for every country in which they work.
This information is intended to be general guidance that does not preclude an accrediting entity from making a finding that an ASP should supervise a certain foreign provider, including an orphanage, if the circumstances warrant it. Please also note that foreign authorities may change rules and lift or apply some restrictions that would affect the role of U.S. ASPs with respect to foreign providers.
If ASPs learn of new or contradictory information, or have questions, please email the Adoption Oversight Division. This information is current as of January 4, 2021.
This information was shared with ASPs via our listserv on January 4, 2018.
Orphanages should not be working directly with ASPs (or their representatives) to provide adoption services. However, in the event an orphanage is working directly with ASPs (or their representatives) to provide adoption services, ASPs bear a responsibility to supervise the orphanage and, accordingly, obtain a foreign supervised provider agreement.
This information was shared with ASPs via our listserv on January 4, 2018.
Orphanages should not be working directly with ASPs (or their representatives) to provide adoption services. However, in the event an orphanage is working directly with ASPs (or their representatives) to provide adoption services, ASPs bear a responsibility to supervise the orphanage and, accordingly, obtain a foreign supervised provider agreement.
This notice was originally posted on our website on December 11, 2019.
When U.S. accredited or approved ASPs or their representatives work directly with a publicly administered orphanage in China in intercountry adoption cases, a foreign supervised provider agreement is not required. However, when U.S. accredited or approved ASPs or their representatives work directly with a privately administered orphanage in China in intercountry adoption cases, a foreign supervised provider agreement between the ASP and the orphanage is required.
The China Center for Children’s Welfare and Adoption (CCCWA) considers hosting programs an international adoption service. CCCWA will initiate and oversee the program from planning through implementation. ASPs that have an interest in pursuing a hosting program need to contact CCCWA.
This information was disseminated by email to the ASP listserv on January 4, 2021.
Based on recent discussions with Embassy Bogota and the Instituto Colombiano de Bienestar Familia (ICBF), ASPs are not required to have foreign supervised provider agreements with the private orphanages designated by ICBF to facilitate intercountry adoptions in Colombia when they follow ICBF’s normal process for adoption. If an ASP has a case that falls outside of ICBFs standard process, the ASP will need to determine if a foreign supervised provider agreement is necessary with an orphanage, entity, or person based on the adoption services provided in that case.
This notice was posted on our website on January 4, 2018.
The Institut du Bien Etre Social et des Recherches (IBESR) advises that orphanages should not be working directly with ASPs (or their representatives) to provide adoption services. However, in the event an orphanage is working directly with ASPs (or their representatives) to provide adoption services, a foreign supervised provider agreement is needed. IBESR has requested to see copies of any such agreements with an orphanage.
This notice was posted on our website on October 5, 2018, and updated (see bold italics) on January 4, 2021.
In mid-May 2018, the Department of State and India’s Central Adoption Resource Authority (CARA) discussed the obligations of U.S. accredited adoption service providers (referred to as ASPs in the United States and as AFAAs in India) under applicable U.S. and Indian Regulations. Topics included the registration of ASP representative(s) or agent(s) with CARA, ASP contact with orphanages, ASP foreign supervised provider agreements, and fees paid by adoptive families in India.
CARA’s guidelines require an ASP to obtain CARA’s approval if the ASP intends to use a representative/agent to work on its behalf in India. Failure to obtain CARA’s approval before using a representative/agent may lead CARA to terminate the ASP’s authorization to work in India. To comply with 22 CFR § 96.46(b), the ASP must have a foreign supervised provider agreement with its representative/agent unless they are an employee of the agency.
CARA informed the Department that ASPs should not have contact with orphanages in India before a referral of the child to the Prospective Adoptive Parents (PAPs) is reserved for acceptance by the ASP through CARINGS (CARA’s database for adoptions in India). However, once a referral is reserved, the ASP may have contact with the orphanage.
The Department and CARA are continuing discussions on supervised provider agreements between ASPs and orphanages in India. CARA expects ASPs to follow their recent circular on fees in addition to all applicable laws and to stay current on India’s Adoption Regulations. U.S. regulations for ASPs also provide that ASPs are to comply with the laws of the countries in which they operate, and failure to adhere to India’s laws could affect an ASP’s accreditation or approval under U.S. law.
CARA would like to remind ASPs that review and approval of home studies as well as post-adoption reports performed by exempted providers in the United States will be the responsibility of the ASP and that it will hold the ASP responsible for any failure on the part of the exempted provider to adequately assess the PAPs or provide all available information about the eligibility or suitability of the PAPs. If CARA determines that the ASP failed to adequately review and approve home studies or post-adoption reporting, it may withdraw the provider’s authorization to work in India.
This information was shared in a Foreign Supervised Provider FAQ posted on our website on October 5, 2017.
ASPs working in the Philippines do not need to supervise or have foreign supervised provider agreements with orphanages there. However, if an ASP has a case that falls outside of ICAB’s normal process, the ASP will need to determine if a foreign supervised provider agreement is necessary with an orphanage, entity, or person based on the adoption services provided in that case. Similarly, if ICAB were to change it rules or procedures, an ASP would need to revisit its relationship with its foreign providers and determine if they should be supervised or exempt from supervision.
This information was shared in a Foreign Supervised Provider FAQ posted on our website on October 5, 2017.
Facilitators in Ukraine who provide (or facilitate) one or more adoption services for U.S. families must be U.S. accredited or approved ASPs, or work under the supervision of a U.S. accredited or approved ASP.