Parties to an Adoption
ADOPTION INSIGHT
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Written by National Adoption Information Clearinghouse
Wednesday, 31 December 2003
In order for an adoption to take place, a person available to be adopted must be
placed in the home of a person or persons eligible to adopt. All States, the District of
Columbia, and the U.S. territories of American Samoa, Guam, Puerto Rico, the
Northern Mariana Islands, and the Virgin Islands have laws that specify which
persons are eligible as adopting parents and which persons can be adopted. In
addition, most States, the District of Columbia, and the territories have laws that
designate which persons or entities have the authority to make adoptive
placements.
Who May Adopt
In general, any single adult or a husband and wife jointly can be eligible to adopt. In
addition, a stepparent can adopt the birth child of his or her spouse. In
approximately 17 States and the District of Columbia, there are no additional
conditions specified. In some States, married persons may adopt singly if they are
legally separated from their spouse or if their spouse is legally incompetent.
In approximately six States (Kentucky, Louisiana, Montana, New Jersey, Tennessee,
and Washington), the age of adulthood for purposes of adoption is 18; three States
(Colorado, Delaware, and Oklahoma) and American Samoa set the age at 21; and
Georgia and Idaho specify age 25. A few States allow minors to adopt under certain
circumstances, such as when the minor is the spouse of an adult adoptive parent, or
when the minor is the unmarried birth parent of the child to be adopted.
In approximately six States (California, Georgia, Nevada, New Jersey, South Dakota,
and Utah) and the Northern Mariana Islands, the adopting parents must be at least
10 years older than the person to be adopted. In Puerto Rico, the adopting parent
must be at least 14 years older; in Idaho, the parent must be at least 15 years older.
Approximately 17 States, Guam, the Northern Mariana Islands, Puerto Rico, and
the Virgin Islands require that petitioners for adoption be State residents. The
required period of residency ranges from 60 days to 1 year. There are exceptions to
the residency requirement in some States. For example, in South Carolina and
Indiana, a nonresident can adopt a special needs child; in Illinois, Mississippi, New
Mexico, and Rhode Island, a nonresident may adopt through an agency.
Gay and Lesbian Adoption
The statutory laws in most States are largely silent on the issue of adoption by gay
and lesbian persons. At this time, only two States, Florida and Mississippi, explicitly
prohibit adoption by homosexuals in their statutes. Utah bars adoption by persons
who are cohabiting but not legally married; this language could be interpreted to
encompass gay and lesbian adoptions. In Connecticut, the sexual orientation of the
prospective adoptive parent may be considered, notwithstanding provisions in the
State's laws prohibiting discrimination based on sexual orientation.
Who May Be Adopted
All States, the District of Columbia, and the U.S. territories permit the adoption of a
child. Three States (Colorado, Indiana, and Rhode Island), American Samoa, and the
Northern Mariana Islands specify that the child must be under age 18. Four States
(Connecticut, Delaware, Montana, and Wisconsin), American Samoa, and Guam
specify in statute that the child must be legally free for adoption. Six States
(Arizona, Colorado, South Carolina, Texas, Wisconsin, and Wyoming), American
Samoa, and the Virgin Islands require that the child to be adopted must be present
in the State at the time the petition is filed. Iowa requires that the child must have
resided for a minimum period of 180 days in the home of the prospective adoptive
parents.
Approximately 26 States and the District of Columbia allow the adoption of any
person, regardless of age. Rhode Island, American Samoa, and the Northern
Mariana Islands allow parties to petition the court for the adoption of persons over
age 18 but under age 21. Nevada specifies that the adult to be adopted must be
younger than the adoptive parent, and West Virginia allows a resident of that State
to adopt an adult.
Alabama restricts adoption of adults to persons who are permanently and totally
disabled or mentally retarded. Ohio allows adoption of an adult only when the
person is permanently disabled, mentally retarded, or a stepchild or foster child
with whom the relationship was established while the child was a minor. Idaho,
Illinois, and South Dakota require that the adopting parent be in a sustained
parental relationship for a specified period of time, ranging from 6 months to 2
years, with the adult to be adopted. Virginia allows the adoption of an adult
stepchild, niece, or nephew, as long as the adopted person resided in the home
for at least 3 months prior to reaching adulthood and is at least 15 years younger
than the adopting parent.
Who May Place a Child for Adoption
In general, any person or entity who has the right of consent to a child may place
that child for adoption. Such persons include the birth parents or the child's legal
guardian or guardian ad litem; legal entities include State Departments of Social
Services or child-placing agencies. All States (except Arkansas), the District of
Columbia, and all the U.S. territories (excluding the Northern Mariana Islands)
specifically designate which persons or entities hold the authority to make adoptive
placements.
Most States allow "nonagency" placements of children for adoption, often referred
to as "private" or "independent" adoption. One type of private adoption allowed in
most States is the "direct placement" of a child by the birth parent with an adoptive
family. Many States that allow direct placement have detailed statutory regulation
in order to protect the interests of the parties to the adoption.
Approximately six States (Alaska, Delaware, Illinois, Indiana, Ohio, and West
Virginia) require that all adoptive placements be made by the State Departments of
Human or Social Services or child-placing agencies that are licensed by the State or
meet certain standards. In four States (Florida, Kentucky, Minnesota, and Rhode
Island), parents who wish to make private placements must first obtain permission
from the Department or the court.
A few States allow the use of intermediaries in arranging private placements. These
intermediaries are usually attorneys, and their activities, as well as the
compensation they are allowed to accept, are strictly regulated.
To see how your State addresses this issue, visit the State Statute Search.
To find information on all of the States and territories, view the complete PDF, State
Statutes Series 2004 Parties to an Adoption: Summary of State Laws (PDF - 530
KB).
--------------------------------------------------------------------------------
The Statutes-at-a-Glance listings summarize specific sections of each State's code.
While every attempt has been made to be as complete as possible, additional
information on these topics may be in other sections of a State's code as well as in
agency regulations, case law, and informal practices and procedures. Readers
interested in interpretation of specific statutory provisions within an individual
jurisdiction should consult with professionals within the State familiar with the
statutes' implementation.
Last Updated: Friday, 24 July 2009
Wednesday, 31 December 2003
In order for an adoption to take place, a person available to be adopted must be
placed in the home of a person or persons eligible to adopt. All States, the District of
Columbia, and the U.S. territories of American Samoa, Guam, Puerto Rico, the
Northern Mariana Islands, and the Virgin Islands have laws that specify which
persons are eligible as adopting parents and which persons can be adopted. In
addition, most States, the District of Columbia, and the territories have laws that
designate which persons or entities have the authority to make adoptive
placements.
Who May Adopt
In general, any single adult or a husband and wife jointly can be eligible to adopt. In
addition, a stepparent can adopt the birth child of his or her spouse. In
approximately 17 States and the District of Columbia, there are no additional
conditions specified. In some States, married persons may adopt singly if they are
legally separated from their spouse or if their spouse is legally incompetent.
In approximately six States (Kentucky, Louisiana, Montana, New Jersey, Tennessee,
and Washington), the age of adulthood for purposes of adoption is 18; three States
(Colorado, Delaware, and Oklahoma) and American Samoa set the age at 21; and
Georgia and Idaho specify age 25. A few States allow minors to adopt under certain
circumstances, such as when the minor is the spouse of an adult adoptive parent, or
when the minor is the unmarried birth parent of the child to be adopted.
In approximately six States (California, Georgia, Nevada, New Jersey, South Dakota,
and Utah) and the Northern Mariana Islands, the adopting parents must be at least
10 years older than the person to be adopted. In Puerto Rico, the adopting parent
must be at least 14 years older; in Idaho, the parent must be at least 15 years older.
Approximately 17 States, Guam, the Northern Mariana Islands, Puerto Rico, and
the Virgin Islands require that petitioners for adoption be State residents. The
required period of residency ranges from 60 days to 1 year. There are exceptions to
the residency requirement in some States. For example, in South Carolina and
Indiana, a nonresident can adopt a special needs child; in Illinois, Mississippi, New
Mexico, and Rhode Island, a nonresident may adopt through an agency.
Gay and Lesbian Adoption
The statutory laws in most States are largely silent on the issue of adoption by gay
and lesbian persons. At this time, only two States, Florida and Mississippi, explicitly
prohibit adoption by homosexuals in their statutes. Utah bars adoption by persons
who are cohabiting but not legally married; this language could be interpreted to
encompass gay and lesbian adoptions. In Connecticut, the sexual orientation of the
prospective adoptive parent may be considered, notwithstanding provisions in the
State's laws prohibiting discrimination based on sexual orientation.
Who May Be Adopted
All States, the District of Columbia, and the U.S. territories permit the adoption of a
child. Three States (Colorado, Indiana, and Rhode Island), American Samoa, and the
Northern Mariana Islands specify that the child must be under age 18. Four States
(Connecticut, Delaware, Montana, and Wisconsin), American Samoa, and Guam
specify in statute that the child must be legally free for adoption. Six States
(Arizona, Colorado, South Carolina, Texas, Wisconsin, and Wyoming), American
Samoa, and the Virgin Islands require that the child to be adopted must be present
in the State at the time the petition is filed. Iowa requires that the child must have
resided for a minimum period of 180 days in the home of the prospective adoptive
parents.
Approximately 26 States and the District of Columbia allow the adoption of any
person, regardless of age. Rhode Island, American Samoa, and the Northern
Mariana Islands allow parties to petition the court for the adoption of persons over
age 18 but under age 21. Nevada specifies that the adult to be adopted must be
younger than the adoptive parent, and West Virginia allows a resident of that State
to adopt an adult.
Alabama restricts adoption of adults to persons who are permanently and totally
disabled or mentally retarded. Ohio allows adoption of an adult only when the
person is permanently disabled, mentally retarded, or a stepchild or foster child
with whom the relationship was established while the child was a minor. Idaho,
Illinois, and South Dakota require that the adopting parent be in a sustained
parental relationship for a specified period of time, ranging from 6 months to 2
years, with the adult to be adopted. Virginia allows the adoption of an adult
stepchild, niece, or nephew, as long as the adopted person resided in the home
for at least 3 months prior to reaching adulthood and is at least 15 years younger
than the adopting parent.
Who May Place a Child for Adoption
In general, any person or entity who has the right of consent to a child may place
that child for adoption. Such persons include the birth parents or the child's legal
guardian or guardian ad litem; legal entities include State Departments of Social
Services or child-placing agencies. All States (except Arkansas), the District of
Columbia, and all the U.S. territories (excluding the Northern Mariana Islands)
specifically designate which persons or entities hold the authority to make adoptive
placements.
Most States allow "nonagency" placements of children for adoption, often referred
to as "private" or "independent" adoption. One type of private adoption allowed in
most States is the "direct placement" of a child by the birth parent with an adoptive
family. Many States that allow direct placement have detailed statutory regulation
in order to protect the interests of the parties to the adoption.
Approximately six States (Alaska, Delaware, Illinois, Indiana, Ohio, and West
Virginia) require that all adoptive placements be made by the State Departments of
Human or Social Services or child-placing agencies that are licensed by the State or
meet certain standards. In four States (Florida, Kentucky, Minnesota, and Rhode
Island), parents who wish to make private placements must first obtain permission
from the Department or the court.
A few States allow the use of intermediaries in arranging private placements. These
intermediaries are usually attorneys, and their activities, as well as the
compensation they are allowed to accept, are strictly regulated.
To see how your State addresses this issue, visit the State Statute Search.
To find information on all of the States and territories, view the complete PDF, State
Statutes Series 2004 Parties to an Adoption: Summary of State Laws (PDF - 530
KB).
--------------------------------------------------------------------------------
- A parent can usually adopt a stepchild without the spouse (the birth parent)
joining in the petition, as long as the spouse consents to the adoption. - The word approximately is used to stress the fact that the statutes are
constantly being revised and updated. - In Maryland, North Carolina, Pennsylvania, and Texas, any adult may adopt.
In Alabama, Arizona, Hawaii, Kansas, Louisiana, Maine, Massachusetts,
Michigan, Missouri, Nebraska, and Virginia, a single adult and married
couples jointly may adopt. In Vermont, any adult and a parent's partner may
adopt. - Arizona, Delaware, Georgia, Idaho, Illinois, Indiana, Kentucky, Minnesota,
Mississippi, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee,
Virginia, Wisconsin, and Wyoming. - Alaska, Arkansas, Florida, Georgia, Hawaii, Kansas, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New
Hampshire, New York, North Carolina, North Dakota, Oklahoma, Oregon,
Pennsylvania, Tennessee, Utah, Vermont, Washington, and Wyoming. - For additional information about the use of intermediaries, see the NAIC
publication Use of Advertising and Facilitators in Adoptive Placements on
the NAIC website.
The Statutes-at-a-Glance listings summarize specific sections of each State's code.
While every attempt has been made to be as complete as possible, additional
information on these topics may be in other sections of a State's code as well as in
agency regulations, case law, and informal practices and procedures. Readers
interested in interpretation of specific statutory provisions within an individual
jurisdiction should consult with professionals within the State familiar with the
statutes' implementation.
Last Updated: Friday, 24 July 2009
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