State Adoption Laws

It’s essential to know your state’s adoption laws.

By Christie Nicholson, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed November 06, 2024

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The adoption process is complex and intimidating. Adopting a child is one of the most significant decisions you’ll ever make. The more familiar you are with the laws and process, the easier your adoption journey will be.

While the adoption laws vary from state to state, there are many similarities in the overall adoption process. Here, we will discuss the basics of the adoption process. We'll provide links to the adoption laws in all 50 states and Washington, D.C. If you still have questions about your adoption case, contact an experienced family law attorney near you.

Legal Requirements To Become an Adoptive Parent

One question a lot of prospective adoptive families ask is whether they are qualified to adopt a child. While every state has its own set of requirements, there are basic criteria you must meet if you wish to pursue an adoption.

Some of these requirements include:

  • You must meet an age requirement - Most states allow anyone 18 or older to adopt a child. However, some states have a minimum age requirement of 21 or even 25.
  • There may be a residency requirement - This varies across state laws. Over 15 states require you to be a resident before petitioning the court for an adoption. The requirement can range anywhere from 60 days to a year.
  • Clean criminal background check - You must have a clean criminal record to adopt a child in the U.S. Part of the adoption process involves a mandatory criminal background check. The courts want to ensure that the adopted child will be safe living in your home and with your family.
  • Financial stability - You must demonstrate that you can provide financial support for the child (or adult) you wish to adopt. The court will assign a licensed social worker to oversee your adoption, and they will do their due diligence to ensure that you can care for the child.
  • Foster parenting - Prospective adoptive parents seeking foster care adoption increase their chances of adopting a child if the child is already living with them. Your local Department of Social Services or child welfare agencies can provide more specific details.

Overview of the Adoption Process

The first step of the adoption process is choosing the type of adoption you wish to pursue. The type of adoption you select will determine the exact path you must take to complete the adoption.

Some of the more common types of adoption include:

  • Domestic adoption
  • International adoption
  • Open adoption
  • Private adoption
  • Stepparent adoption (second-parent adoption)
  • Foster care adoption (public adoption)

Once you’ve decided the type of adoption you wish to pursue, you’ll have to determine if you want to use an adoption agency. If you’re seeking a foster care adoption, you’ll go through your state’s Department of Human Services or another related agency. You will not need an adoption professional.

If you’re pursuing a private adoption, you will likely opt for an adoption attorney. These adoptions often involve situations in which the adoptive parents have a relationship with the adopted child’s birth parents. This does not mean there are never private adoptions where the parties use an adoption service.

The real work begins once you identify the child you wish to adopt. In almost every adoption case, the prospective parents must complete a home study. The court (or agency) will assign a social worker to your case. The social worker will oversee this process.

The Adoption Home Study

Every case is unique. The home study process is similar regardless of where you live. The objective of the home study is to confirm that the adoptive parent(s) can provide a safe and clean home for the adoptee.

The social worker will interview you and the other family members living in your home. They'll inspect your house to ensure it is clean and safe. The home study will require you to undergo the necessary background checks, whether criminal or financial.

Once the caseworker is satisfied that your family is a good match for the adoptee and that you can give them a healthy and happy life, they will submit their final report to the judge. The family court judge will then decide whether to issue a final adoption decree.

Consent From the Adoptee’s Birth Family

To adopt a child, you must receive consent from the birth mother and birth father. This is not a significant issue in most stepparent adoptions. If you remarry, your new spouse may want to adopt your children. You can negotiate consent from the other parent of the child.

If you cannot prove that you have the consent of the birth parents, you’ll have to file a motion with the court asking for a termination of parental rights. The courts are reluctant to do this, so it’s always better to secure voluntary consent.

State-Specific Adoption Laws

State adoption laws define several issues related to a child’s adoption, including who may adopt, whether there is a residency requirement, and whether the child's consent is necessary.

Click on a state from the list below for state-specific adoption laws.

Browse State Family Law by Topics

An Adoption Attorney Can Help

If you’re still thinking about adopting, have decided you’re ready to adopt, or are a foster parent looking to take the next step, it’s a good idea to consult an adoption lawyer. They’ll help you decide which type of adoption is best and, if necessary, connect you with an adoption agency.

The adoption process can feel overwhelming at times. A skilled family law attorney can help make the process easier and be by your side until the adoption is complete.

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