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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
Administrators of the Interstate Compact on Adoption and Medical Assistance (AAICAMA) & Child Welfare Information Gateway
Provides regulation and policy in answer to the 13 most commonly asked questions about adoption assistance.
State Statutes Series
| Collection of Family Information About Adoptees and Their Birth Families: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 412KB) |
| Year Published: | 2009 - 49 pages |
| Provides an overview of the kinds of information about adoptees and their birth relatives that may be collected and shared with adopting parents. | |
| Consent to Adoption | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 590KB) |
| Year Published: | 2010 - 95 pages |
| Reviews State laws that specify the persons who must consent to a child's adoption, timeframes for consent, and guidelines for revocation of consent. Summaries of laws for all States and US territories are included. | |
| Grounds for Involuntary Termination of Parental Rights | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 445KB) |
| Year Published: | 2010 - 62 pages |
| Reviews State laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship. Summaries of laws for all States and US territories are included. | |
| Criminal Background Checks for Prospective Foster and Adoptive Parents | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 589KB) |
| Year Published: | 2011 - 65 pages |
| Discusses the requirements set by States for conducting checks of State and Federal criminal records of prospective foster and adoptive parents, as well as any adults residing in the prospective parents? households. Summaries of laws for all States and U.S. territories are included. | |
| Grounds for Involuntary Termination of Parental Rights | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 445KB) |
| Year Published: | 2010 - 62 pages |
| Reviews State laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship. Summaries of laws for all States and US territories are included. | |
| Infant Safe Haven Laws: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 447KB) |
| Year Published: | 2010 - 69 pages |
| Reviews State laws that provide a vehicle for the safe relinquishment of newborns who might otherwise be abandoned. Summaries of laws for all States and US territories are included. | |
| Regulation of Private Domestic Adoption Expenses | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 405KB) |
| Year Published: | 2010 - 62 pages |
| Nearly all States, the District of Columbia, and the U.S. territories have enacted statutes that provide some regulation of the fees and expenses that adoptive parents are expected to pay when arranging an adoptive placement. Some of the fees and expenses that are typically addressed in the statutes are placement costs, such as agency fees; legal and attorney expenses for adoptive and birth parents; and some of the expenses of the birth mother during pregnancy. This briefing provides general information on birth parent expenses, agency fees and costs, use of an intermediary, and reporting adoption-related expenses to the court. | |
| The Rights of Unmarried Fathers | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 626KB) |
| Year Published: | 2010 - 104 pages |
| Reviews the State laws related to unmarried fathers and explains the circumstances in which a man may be presumed to be the father of a child, paternity registries, alternate means for establishing paternity, revocations of claims, and access to information. Summaries of laws for all States and U.S. territories are accessible through the State Statute Search. | |
| Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 284KB) |
| Year Published: | 2009 - 29 pages |
| Some people choose to adopt, and some birth parents choose to place their children for adoption, without the involvement of an agency. These placements are known as private placements or independent adoptions. Private placement is often preferred by people who want to adopt newborn infants domestically and utilize the services of an attorney or adoption services provider or manage the process more on their own. The challenge for prospective adoptive parents in a private placement is locating a child who is appropriate for their family or finding birth parents seeking to place their child for adoption. Some parents choose to ... | |
| Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 284KB) |
| Year Published: | 2009 - 29 pages |
| Some people choose to adopt, and some birth parents choose to place their children for adoption, without the involvement of an agency. These placements are known as private placements or independent adoptions. Private placement is often preferred by people who want to adopt newborn infants domestically and utilize the services of an attorney or adoption services provider or manage the process more on their own. The challenge for prospective adoptive parents in a private placement is locating a child who is appropriate for their family or finding birth parents seeking to place their child for adoption. Some parents choose to ... | |
| Who May Adopt, Be Adopted, or Place a Child for Adoption? : Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 326KB) |
| Year Published: | 2009 - 36 pages |
| This briefing reviews State laws regarding parties to an adoption. Statutes dealing with who may adopt, be adopted, and may place a child for adoption are identified for each State, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S Virgin Islands. | |
Related 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.
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 2007-2008 (PDF - 465 KB)
National Conference of State Legislatures (2009)
Describes significant State legislation related to child welfare issues enacted in 2007 and 2008, including citations and summaries of specific child welfare-related laws in each State.