Federal laws provide overarching standards with which State adoption laws must comply. New Federal legislation generally obligates States to enact their own new laws. In some cases of intercountry adoption, international treaty requirements regulate adoption as a result of the United States being party to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption (Hague Convention). This international treaty implements safeguards for all parties in adoptions involving countries that have joined the Hague Convention.
In this section you will find links to Federal laws relating to adoption, including summaries of major Federal legislation that has influenced adoption practice.
Domestic laws
Major Federal Legislation Concerned With Child Protection, Child Welfare, and Adoption
The Multiethnic Placement Act and Transracial Adoption 25 Years Later
U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation (2020)
Presents a series of reports on the Multiethnic Placement Act (MEPA), a law enacted in 1994 that prohibits child welfare agencies that receive Federal funding from delaying or denying foster or adoptive placements because of the race, color, or national origin of a child or prospective parents. The law also requires agencies to recruit foster and adoptive parents that reflect the racial and ethnic diversity of children in out-of-home care through diligent recruitment. The reports explore trends in transracial adoption over the past 25 years as well as attitudes about MEPA.
Intercountry adoption laws
FAQ: Child Citizenship Act of 2000
U.S. Department of State, Bureau of Consular Affairs
Provides information about about the Child Citizenship Act of 2000, which allows certain foreign-born adopted people to become automatic U.S. citizens when they enter the United States, eliminating the legal burden of naturalization for intercountry adoptions.
International Adoption Simplification Act of 2010
U.S. Department of State, Bureau of Consular Affairs
Presents information on the International Adoption Simplification Act, which allows birth siblings of an adopted child to qualify as a Hague convention adoptee after the birth sibling’s 16th birthday, but before the birth sibling’s 18th birthday, if the child was adopted by the same parents as the birth sibling. The law also allows for certain vaccination exceptions for Convention adoptees.
Major Federal Legislation Index and Search: Intercountry Adoption Act of 2000 (P.L. 106-279)
Child Welfare Information Gateway
Describes the Intercountry Adoption Act of 2000, which implements the Hague Convention in the United States.
Universal Accreditation Act of 2012
U.S. Department of State, Bureau of Consular Affairs
Provides information about the impact of the Intercountry Adoption Universal Accreditation Act of 2012 on adoption service providers working with prospective adoptive parents.