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Adoption Forms and Information by State

By Melissa McCall, J.D. | Legally reviewed by Rhonda Earhart, Esq. | Last reviewed

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

The path to a successful adoption starts by learning how adoption works in your state. Adoption is a legal process regulated by state law, and as with most legal processes, there are many forms and intricacies.

In an adoption, the biological parents give up their parental rights to the adoptive parents. Before the adoptive parents can become the legal parents of the adopted child, a court must issue a decree of adoption. Each state has its forms to complete during the process.

This article details the different stages of the adoption process. It also includes links to adoption forms and resources for each state. Find your state in the list at the end the article to get started.

You can also check with the law library at the local court for additional information. Many courts have self-help centers for family court issues.

Understanding the Adoption Process

State laws regulate adoptions. So, adoption laws will vary by state. But there is a standard structure for the adoption process. After prospective adoptive parents decide the type of adoption to pursue, there are three parts to the adoption process.

The three parts are:

  • Pre-adoption
  • Adoption process
  • Post-adoption

Type of Adoption

Almost all adoptions begin with someone who wants to expand their family through adoption. Single people can adopt. Married couples can adopt. Same-sex couples can adopt.

Once a family decides to adopt, it must choose a type of adoption. The family can choose a private adoption or a public adoption.

In a private adoption, the birth parents choose their child’s new parents. Even if a private agency is involved in a private adoption, both parties should have legal representation. Public adoptions are typically facilitated by government agencies and involve children in the foster care system.

Married couples with a stepchild can choose a stepparent adoption. Unmarried couples can choose a second-parent adoption. Grandparents can adopt their grandchild under certain circumstances. This is also called a kinship adoption.

Adult adoptions are a different choice that does not include a minor child. A stepparent, for example, can adopt an adult stepchild. Parental consent is not necessary for an adult adoptee.

In all circumstances, an adoption is incomplete without a decree of adoption. This document finalizes the adoption.

Pre-Adoption

There are steps before prospective adoptive parents start the adoption process. They should check their state’s adoption laws to ensure they are qualified to adopt and seek legal advice from an experienced family law attorney.

In many states, prospective adoptive parents must be at least 18 years of age. In other states, they must be 21 years of age. If the prospective parents are married, they must adopt the child jointly.

During the pre-adoption stage, prospective parents should research and determine the type of adoption they want to pursue. Parents will select an adoption agency to help them if necessary.

Private adoption agencies match available children with prospective parents. Public adoption agencies manage the adoption of children in foster care. Independent adoptions sometimes use an agency. A private lawyer may help with independent adoptions.

Adoption Home Study

Before prospective parents can look for a child, they must complete a home study. A home study is a vetting process that includes:

  • Background checks
  • Evidence of good health
  • Financial statements
  • A home visit
  • An interview
  • Recommendations and references

If the agency needs more information, it will tell the prospective parents. Social workers compile this information into a report. Public and private agencies use home study reports to make suitable adoptive matches.

The Adoption Process

Once the home study is completed, the prospective parents can look for a child to adopt. Some state agencies have websites with profiles of children available for adoption. Some birth parents use child-placing agencies, and others choose independent adoption.

In all cases, the natural parents’ parental rights must end before the adoption is complete. Some biological parents give up their rights. In other cases, the court terminates their legal rights after a hearing.

The adoption process begins with filing a petition for adoption in family court. The clerk of court will update the court’s docket to include a new case. During the adoption proceedings, the court decides if the adoption is in the child’s best interests.

If the court finds the adoption is in the child’s best interests, the court will issue an order of adoption. This order finalizes the adoption. The adoptive parents are now the legal parents of the adopted child.

Post-Adoption and Birth Certificates

After the court issues the decree of adoption, adoptive parents can order a new birth certificate from their local Department of Vital Records.

The new birth certificate will include several name changes and differences from the original birth certificate. The adoptive parent’s names replace the birth parent’s names on the birth record. The adoptive parents can change the child’s name as well. The adoptive parents should request a certified copy for their records.

Once the court proceedings are over and the adoption finalized, the adoptive parents are the legal parent of the child.

In most states, the adoption records are then sealed to the public. Only adopted children, birth parents, and adoptive parents may ask a court to unseal adoption records. A court order to unseal these records is granted if there is good cause. For example, if the adopted child needs to access the records for medical reasons.

Get Legal Help With an Adoption in Your State

The adoption process is complex, even with the correct state forms and access to various resources. Legal advice from a qualified family law attorney with adoption experience can ease this process. Contract a family law attorney in your area today to learn how they can support you with your adoption.

State Adoption Forms

Below, you will find links to state agencies, adoption forms, and resources. At the end, you can find a brief list of national adoption resources.

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

District of Columbia

Florida

Georgia

Hawai’i

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

National Adoption Resources

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Can I Solve This on My Own or Do I Need an Attorney?

  • It is a good idea to have an attorney for complex adoptions
  • An attorney can ensure you meet all legal requirements and that your adoption is finalized appropriately
  • An attorney can help protect the best interests of adoptive children, adoptive families, and birth parents
  • For simple adoptions, you may be able to do the paperwork on your own or by using an agency

Get tailored advice at any point in the adoption process. Many attorneys offer free consultations.

 Find a local attorney

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Don’t Forget About Estate Planning

Adopting a child is an ideal time to create or change your estate planning forms. Take the time to add new beneficiaries to your will and name a guardian for any minor children. Consider creating a financial power of attorney so your agent can pay bills and make sure your children are provided for. A health care directive explains your health care decisions and takes the decision-making burden off your children when they become adults.

Start Planning

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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