Details on State Adoption Laws

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

Alabama

Code of Alabama 26-10A-1, et seq

Yes

One year

14 and over

Alaska

Alaska  Statutes 25.23.010 et seq.

Yes

One year

10 and over

Arizona

(ARS) 8-101 to 8-145

 Yes

One year

12 and over

Arkansas

 Title 9 of the Arkansas Code

Yes

One year

10 and over

California

Cal. Code. Fam. Law Section 8600

Yes

One year

Fraud: three years

12 and over

Colorado

CRS 19-5-100 et seq.

Yes

90 days

Fraud: one year

12 and over

Connecticut

Con. Gen. Stat. § 45a-706 et seq.

Yes

None specified, 90-day appeal

12 and over

Delaware

Del. Code Tit. 13, § 901 et. seq.

Yes

Six months

14 and over

District of Columbia

Section 16-301, et seq

Yes

One year

14 and over

Florida

Fla. Stat. Section 63.022

Yes

One year

12 and over

Georgia

GA Code § 19-8-1 et seq.

Yes

Six months

14 and over

Hawaii

HRS § 578-1 et seq.

No

One year

10 and over

Idaho

Idaho Stat. § 16-1501 et seq.

No

Six months

12 and over

Illinois

ILCS § 50/0.01 et seq.

No

Six months

14 and over

Indiana

Indiana Code Section 31-19-2-2

Yes

Six months after decree; one year after custody

14 and over

Iowa

Iowa Code 600.1, et seq.

No

None specified

14 and over

Kansas

K.S.A. 59-2111 et seq.

No

None specified

14 and over

Kentucky

K.R.S. Section 199.470 et seq.

No

One year

12 and over

Louisiana

LA CH Code Tit. XII, Art. 1167 et seq.

Yes

Six months

12 and over

Maine

Maine Rev. Stat. 18-C § 9-101 et seq.

No

One year

12 and over

Maryland

MD Fam. Code §5-301, et seq.

Yes

One year

10 and over

Massachusetts

Ch. 210 of the Massachusetts Code

Yes

120 days

12 and over

Michigan

Chapter 710 Probate Code § 710.21 et seq.

No

Six months

14 and over

Minnesota

Chapter 259  § 259.20 et seq.

Yes

20 days of final adoption

14 and over

Mississippi

Family Code § 93-17-3

No

Six months

14 and over

Missouri

Title XXX § 453.010 et seq.

Yes

One year

14 and over

Montana

Title 41 § 42-1-101 et seq.

Yes

None specified

12 and over

Nebraska

NRS § 43-101 et seq.

Yes

Two years

14 and over

Nevada

NRS Title 11 § 127.005 et seq.

Yes

None specified

14 and over

New Hampshire

RSA 170-B et seq

No

One year

14 and over

New Jersey

NJ Stat. 9 § 3-37 et seq.

Yes

120 days for birth father

10 and over

New Mexico

Children's Code § 32A-5-1 et seq.

Yes

One year

14 and over

New York

Domestic Relations Law § 109

Yes

None specified; 45 days to revoke consent

14 and over

North Carolina

NCGS § 48-1-101

Yes

Six months

12 and over

North Dakota

NDCC Section 14-15-01

Yes

One year

10 and over

Ohio

ORC § 3107.01, et seq.

Yes

Six months

12 and over

Oklahoma

OK. Stat. Tit. 10 Section 7501-1.3

Yes

One year

12 and over

Oregon

ORS § 109.305 et seq.

Yes

One year

14 and over

Pennsylvania

23 Pa. C.S. Section 2701 et seq.

Yes

60 days

12 and over

Rhode Island

RI Gen. Laws § 15-7-2, et seq.

Yes

180 days

14 and over

South Carolina

South Carolina Code Title 63: Children's Code, Chapter 9

Yes

None. Judge may allow in cases of fraud.

14 and over

South Dakota

S.D. Codified Laws Ch. 25-6

Yes

One year

12 and over

Tennessee

TN Code Section 36-1-101, et seq.

Yes

One year

14 and over

Texas

Texas Family Code § 162.001 et seq.

Yes

Six months

12 and over

Utah

Utah Code § 78B-6-101 et seq.

Yes

None.

12 and over

Vermont

Title 15A §1-101, et seq

No

Six months

14 and over

Virginia

Va. Code Section 63.2-1100

Yes

Six months

14 and over

Washington

WRC Section 26.33.010 et seq.

Yes

One year

14 and over

West Virginia

West Virginia Code § 48-22-101et seq.

Yes

Six months

12 and over

Wisconsin

Wis. Stat. Section 48.81 et seq.

Yes

40 days

Not required

Wyoming

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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