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Home > Systemwide > Laws & Policies > State Laws on Adoption > State Laws on Domestic Adoption

State Laws on Domestic Adoption

Domestic adoption is the term used when the adoptive parents, birth parents, and the child live within the United States. The entire adoption process, including initial placement, background checks, consent, and finalization, is regulated by State law and policy.

 

 

State statutes index and search
Access the Child Welfare Information Gateway State Statutes Series by title, or search statutes by individual States on issues related to child abuse and neglect, child welfare, and adoption.

Adoption Assistance by State
American Public Human Services Association
Provides regulation and policy in answer to the 13 most commonly asked questions about adoption assistance.

 

State Statutes Series

Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
Child Welfare Information Gateway (2003)
Guidelines for collecting and disclosing background information about the child to be adopted, birth parents, and adoptive parents. (PDF - 298 KB)

Consent to Adoption
Child Welfare Information Gateway (2004)
Reviews State laws that specify the persons who must consent to a child's adoption, timeframes for consent, and guidelines for revocation of consent. (PDF - 192 KB)

Court Jurisdiction and Venue for Adoption Petitions
Child Welfare Information Gateway (2004)
Laws that specify the appropriate State courts, by type and location, for handling adoption petitions. (PDF - 176 KB)

Criminal Background Checks for Prospective Adoptive and Foster Parents
Child Welfare Information Gateway (2008)
Discusses State requirements, in statute or regulation, for background investigations of prospective adoptive and foster parents and all adults residing in prospective adoptive and foster households. (PDF - 127 KB)

Infant Safe Haven Laws
Child Welfare Information Gateway (2007)
Reviews State laws that provide for the safe relinquishment of newborns who might otherwise be abandoned. (PDF - 136 KB)

The Rights of Presumed (Putative) Fathers
Child Welfare Information Gateway (2007)
Discusses the rights of the alleged fathers of children born out-of-wedlock and whether States have registries for such fathers. (PDF - 136 KB)

State Regulation of Adoption Expenses
Child Welfare Information Gateway (2005)
Reviews State laws that govern which birth parent expenses adoptive parents are allowed to pay, agency fees, and the use of intermediaries. (PDF - 173 KB)

Use of Advertising and Facilitators in Adoptive Placements
Child Welfare Information Gateway (2006)
Reviews State laws regulating the use of advertising and facilitators in private adoptions. (PDF - 183 KB)

Who May Adopt, Be Adopted, or Place a Child for Adoption?
Child Welfare Information Gateway (2006)
Reviews State laws that specify who may adopt, who may be adopted, and who may place a child for adoption. (PDF - 175 KB)

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Related resources

National Center for Adoption Law and Policy
Capital University Law School
Seeks to improve the laws, policies, and practices of the child protection and adoption systems through education, advocacy, and research.

State Child Abuse Registries (PDF - 208 KB)
National Resource Center for Family-Centered Practice and Permanency Planning (2007)
Provides contact information and procedures for obtaining the checks of State child abuse and neglect registries required by the Adam Walsh Child Protection and Safety Act of 2006.

State Child Welfare Legislation 2006 (PDF - 225 KB)
National Conference of State Legislatures (2007)
Describes significant State legislation related to child welfare issues enacted in 2006, including citations and summaries of specific child welfare-related laws in each State.

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Selected Resources

Adoption Law Site
National Center for Adoption Law and Policy
Free access to adoption-related statutes and regulations, as well as key cases and articles, from every U.S. State and territory.

 

 

Related Information Gateway Topics

Adoption
Systemwide: Laws and policies - State laws on making permanency plans for children in care

 

 

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