42 USC § 14941 - Access to Convention records

---
identifier: "/us/usc/t42/s14941"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 14941 - Access to Convention records"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "14941"
section_name: "Access to Convention records"
chapter_number: 143
chapter_name: "INTERCOUNTRY ADOPTIONS"
subchapter_number: "IV"
subchapter_name: "ADMINISTRATION AND ENFORCEMENT"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 106–279, title IV, § 401, Oct. 6, 2000, 114 Stat. 841.)"
---


# § 14941. Access to Convention records

**(a)** **Preservation of Convention records**

**(1)** **In general** October 6, 2000

Not later than 180 days after , 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** section 553 of title 5

Subsections (b), (c), and (d) of  shall apply in the development and issuance of regulations under this section.

**(b)** **Access to Convention records**

**(1)** **Prohibition** 8 U.S.C. 1101

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 [ 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.

---

**Source Credit**: (Pub. L. 106–279, title IV, § 401, Oct. 6, 2000, 114 Stat. 841.)

## Editorial Notes

### References in Text

The Immigration and Nationality Act, referred to in subsec. (b)(1), is , , 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  and Tables.

This chapter, referred to in subsec. (b)(2), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

## Statutory Notes and Related Subsidiaries

### Effective Date

Subsec. (a) of this section effective , 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 , set out as an Effective Dates; Transition Rule note under .