Details on State Adoption Laws
By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 18, 2024
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State laws on adoption vary in each jurisdiction. States regulate adoption services, monitor foster care services and adoptions, and legalize the adoption process.
To protect children from child trafficking and other crimes, all states must follow federal and international laws. Adoptions in all states follow similar procedures to screen prospective adoptive parents and protect the rights of the birth parents.
Adoption Process
In all states, the adoption process begins when the biological parent or parents wish to surrender their child for adoption. There is a legal procedure for termination of parental rights that must happen before any adoption can happen. State laws have some variations on these steps:
- The birth mother must wait before surrendering her parental rights. The waiting period can be several hours or up to four days. The waiting period ensures she understands the implications of relinquishing her rights.
- The birth father must know of the baby's birth and must terminate his rights in a separate hearing. The birth mother can't terminate the father's rights. If the father is unknown or can't be found, the mother or adoption agency must make reasonable efforts to locate him.
- The adoptive agency does at least one adoption home study before adoption. Some states have specific requirements for adoptive households, such as a separate bedroom for the adoptive child.
- Most states have a second waiting period, this one for the family. The child must live with the adoptive family for six months to a year before the judge signs the final adoption order.
Types of Adoptions
Adoptions fall into several categories. In a few states, the state handles all adoptions through the foster care system. In these states, private adoption agencies may contract through the state and carry out home studies. Foster care adoption is available in all states.
In other states, private agencies handle all adoptions, and adoptive families only go to court for the final adoption hearing. In agency adoptions, the agency staff does the extra work of filing court paperwork, matching adoptive parents and a birth family, and dealing with any legal issues.
In an independent adoption, the parties contract with each other without using an agency. This method avoids agency fees but often requires an attorney (or two, to prevent conflicts of interest) to handle the legal paperwork. Some states do not allow non-agency adoptions. All states require a court hearing to finalize the adoption.
Open vs. Closed Adoption
Open adoptions allow the adoptive family and the birth parents — usually but not always the birth mother — to maintain contact with one another during the child's life. Forty states allow some form of open adoption. Proponents of open adoption say children tend to do better in open adoptions and have less anxiety about the adoptive relationship.
Closed adoptions seal all adoption records and sever contact between the families once the adoption is finalized. Ten states have closed adoptions. In some states, the adoptive child may access the documents when they reach 18, but laws vary even in closed-adoption states.
Domestic and International Adoption Laws
All domestic adoptions must conform to the Interstate Compact on the Placement of Children (ICPC). This multi-state agreement governs the placement of children between states. A social worker or adoption agency in the requesting state creates a placement packet for the child and forwards it to the ICPC office in the adoptive state. That office sends the packet to the appropriate agency (foster care, adoption agency, or adoption attorney) to begin the home study and other adoption procedures.
If the adoptive state approves the adoption, it returns the packet to the requesting state. That state reviews and approves the adoption based on its requirements. Adoption agencies have no authority outside of their own state. This cumbersome process ensures that children have appropriate placement wherever they go.
International adoption has become increasingly popular with American couples. All international adoptions must obey the Hague Convention on International Adoption. American adoptions of children from other nations are like interstate adoptions, but there are more steps for overseas adoptions. Such adoptions always need attorneys and adoption agencies on both sides of the arrangement.
Indian Child Welfare Act (ICWA)
The Indian Child Welfare Act (ICWA) is a federal law that gives a Native American child's tribal government final authority over any off-reservation placement for foster care or adoption. All states must contact the child's tribal authority in any emergency removal or placement, and the tribal government has precedence in determining any such placement.
The Uniform Adoption Act
A need for uniformity in adoption laws led to the "Uniform Adoption Act." Five states (Alaska, Arkansas, Montana, North Dakota, and Ohio) adopted a version of a model in 1969. Vermont adopted a revised version in 1994.
The issue in creating a "Uniform Adoption Act" is finding language that meets all states' social, financial, and other needs. The current version allows open adoption; some states oppose such adoptions. The law allows a birth mother to relinquish a child without the birth father's knowledge or consent and limits the father's ability to contest the adoption.
Other State Adoption Laws and Rules
Most states require older children to consent to their own adoption, although the child may refuse if they wish. The age limit is around 12-14, although some states allow children as young as 10 to consent. Many states have laws prohibiting the separation of siblings during adoptions.
Same-Sex Adoption
With the U.S. Supreme Court's ruling in Obergefell v. Hodges, same-sex couples theoretically became entitled to the same rights and privileges as other couples. But in cases of adoption, state laws supersede federal rulings. Although federal laws allow same-sex adoption, only 28 states have laws or have amended their state constitutions to allow such adoptions. Fourteen states allow state-licensed adoption facilities to place children and provide services to LGBTQ+ families if doing so conflicts with their religious beliefs.
State | Code section | Open adoptions | Statute of limitations | Age of child for consent |
---|---|---|---|---|
Yes |
One year |
14 and over |
||
Alaska Statutes 25.23.010 et seq. |
Yes |
One year |
10 and over |
|
Yes |
One year |
12 and over |
||
Yes |
One year |
10 and over |
||
Yes |
One year Fraud: three years |
12 and over |
||
Yes |
90 days Fraud: one year |
12 and over |
||
Con. Gen. Stat. § 45a-706 et seq. | Yes |
None specified, 90-day appeal |
12 and over |
|
Del. Code Tit. 13, § 901 et. seq. |
Yes |
Six months |
14 and over |
|
Section 16-301, et seq |
Yes |
One year |
14 and over |
|
Yes |
One year |
12 and over |
||
Yes |
Six months |
14 and over |
||
No |
One year |
10 and over |
||
No |
Six months |
12 and over |
||
No |
Six months |
14 and over |
||
Yes |
Six months after decree; one year after custody |
14 and over |
||
No |
None specified |
14 and over |
||
No |
None specified |
14 and over |
||
K.R.S. Section 199.470 et seq. |
No |
One year |
12 and over |
|
LA CH Code Tit. XII, Art. 1167 et seq. |
Yes |
Six months |
12 and over |
|
No |
One year |
12 and over |
||
Yes |
One year |
10 and over |
||
Yes |
120 days |
12 and over |
||
No |
Six months |
14 and over |
||
Yes |
20 days of final adoption |
14 and over |
||
No |
Six months |
14 and over |
||
Title XXX § 453.010 et seq. |
Yes |
One year |
14 and over |
|
Yes |
None specified |
12 and over |
||
Yes |
Two years |
14 and over |
||
Yes |
None specified |
14 and over |
||
No |
One year |
14 and over |
||
Yes |
120 days for birth father |
10 and over |
||
Yes |
One year |
14 and over |
||
Yes |
None specified; 45 days to revoke consent |
14 and over |
||
Yes |
Six months |
12 and over |
||
NDCC Section 14-15-01 |
Yes |
One year |
10 and over |
|
Yes |
Six months |
12 and over |
||
Yes |
One year |
12 and over |
||
Yes |
One year |
14 and over |
||
23 Pa. C.S. Section 2701 et seq. |
Yes |
60 days |
12 and over |
|
RI Gen. Laws § 15-7-2, et seq. |
Yes |
180 days |
14 and over |
|
Yes |
None. Judge may allow in cases of fraud. |
14 and over |
||
Yes |
One year |
12 and over |
||
TN Code Section 36-1-101, et seq. |
Yes |
One year |
14 and over |
|
Texas Family Code § 162.001 et seq. |
Yes |
Six months |
12 and over |
|
Yes |
None. |
12 and over |
||
Title 15A §1-101, et seq |
No |
Six months |
14 and over |
|
Yes |
Six months |
14 and over |
||
WRC Section 26.33.010 et seq. |
Yes |
One year |
14 and over |
|
West Virginia Code § 48-22-101et seq. |
Yes |
Six months |
12 and over |
|
Wis. Stat. Section 48.81 et seq. |
Yes |
40 days |
Not required |
|
Wyo. Stat. § 1-22-101 et seq. |
Yes |
None. Judge may allow for cases of fraud |
14 and over |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
Get Legal Advice if You're Considering Adoption
You'll have to appear in court at least once to finalize an adoption in all states. This is true whether you adopt a foster child, have an agency do the paperwork, or work with an adoption attorney. Your adoption must follow family law in your state, and you need an attorney's advice to navigate that successfully. In some places, you qualify for financial help during the adoption process. Contact an adoption attorney in your area for more information and advice.
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