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Joint Council's
Response to Opposition
Formal Responses to
Specific Opposition
General Questions & Answers
Q. Under
Section 101 (c),(4),(B) of the Families For
Orphans Act, it seems that the U.S. Department
of State may have authority of domestic
adoptions. How will the Families For
Orphans Act affect domestic adoption?
A. The
text and the intent of Section 101 do not
give the Department of State any authority over
U.S. domestic adoption. U.S. domestic adoption
is largely regulated on a state-by-state basis.
The federal government’s involvement in U.S.
domestic adoption is limited to foster care and
falls under the authorization provided to the
Department of Health and Human Services (HHS).
The Families For Orphans Act does not change any
of the existing structure, law, regulations or
governing authority which currently exists
regarding U.S. domestic adoption.
As noted in Section 101, the Coordinator is
tasked with attempting to maintain consistency
between U.S. foreign and domestic policy
regarding permanency. This is a role of
coordination only (as noted in the title of the
Section) and not a role of authority over U.S.
domestic adoption.
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