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 Series
Who May Adopt, Be Adopted, or Place a Child for Adoption?
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 478KB) |
| Year Published | 2020 |
Summarizes State laws regarding eligibility for becoming an adoptive parent (in terms of marital status, age, residency, and more), eligibility for being adopted as a child or adult, and authority to place a child for adoption. Summaries of laws for all States are included.
Consent to Adoption
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 775KB) |
| Year Published | 2017 |
Presents an overview of state laws regarding the proper execution of consent when a child is placed for adoption. Consent refers to the agreement by a parent, or a person or agency acting in place of a parent, to relinquish a child for adoption and release all rights and duties with respect to that child. The topics covered include the persons who must consent to a child's adoption, the child's consent to his or her adoption, timeframes for consent, and guidelines for revocation of consent. Summaries of laws for all states and U.S. territories are included.
Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 1,356KB) |
| Year Published | 2019 |
Discusses the requirements set by States for conducting background checks of prospective foster and adoptive parents and other out-of-home caregivers, as well as any adults residing in the prospective caregivers' households. These checks, including State and Federal criminal records and child abuse and neglect central registries, are part of the process of assessing the suitability of these caregivers to provide a safe home for children placed in their care. The circumstances that will disqualify an applicant also are discussed. An overview of Federal requirements also is provided. 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 - 1,381KB) |
| Year Published | 2017 |
Provides an overview of State laws that provide the legal basis for terminating the rights of parents who have been found unfit to parent their children. The circumstances under which the court may find that termination may not serve the child's best interests and under which a parent's rights may be reinstated also are addressed. Summaries of laws for all States and U.S. territories are included.
Home Study Requirements for Prospective Parents in Domestic Adoption
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 1,404KB) |
| Year Published | 2016 |
Summarizes State laws and policies for approving prospective adoptive homes. This document describes who must be included in the home study, qualifications for adoptive parents, elements of the home study, exceptions for stepparent or relative placements, postplacement assessments of the child's adjustment to the adoptive family, requirements for placements across State lines, and more.
Infant Safe Haven Laws
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 1,208KB) |
| Year Published | 2017 |
Discusses State laws that provide safe places for parents to relinquish newborn infants. The purpose of these laws is to prevent these babies from being abandoned at places where they may come to harm. The responsibilities of and immunity from liability for providers who accept the infants, legal protections from prosecution for the parents, and the effect of relinquishment on parental rights also are discussed. Summaries of laws for all States and U.S. territories are included.
Regulation of Private Domestic Adoption Expenses
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 1,038KB) |
| Year Published | 2017 |
Provides an overview of State laws regarding the regulation of the fees and expenses that adoptive parents are expected to pay when arranging a private adoptive placement. Some of the fees and expenses that are typically addressed include placement costs, such as agency fees; legal fees and attorney expenses for adoptive and birth parents; and some of the expenses of the birth mother during pregnancy. Requirements for reporting adoption-related expenses to the court also are addressed. Summaries of laws for all States and U.S. territories are included.
The Rights of Unmarried Fathers
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 914KB) |
| Year Published | 2018 |
Provides an overview of State laws related to the rights of unmarried fathers and the methods by which a man may establish a legal parent-child relationship with his child. The U.S. Supreme Court affirmed the constitutional protection of an unmarried father's parental rights when he has established a substantial relationship with his child. The circumstances in which a man may be presumed to be the father of a child, the use of putative fathers' registries, the use of genetic tests to establish parentage, and the right of rescission of paternity claims also are discussed. Summaries of laws for all States and U.S. territories are included.
Use of Advertising and Facilitators in Adoptive Placements
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 392KB) |
| Year Published | 2016 |
Discusses States laws that permit, regulate, or prohibit the use of advertising or facilitators in private or independent adoptions. Some adoptive parents choose to advertise their interest in adopting, while others may choose to utilize the services of adoption facilitators or intermediaries. Summaries of laws for all States and U.S. territories are included.
Related Resources
2012 Child Welfare Enacted Legislation Database
National Conference of State Legislatures
Describes significant State legislation related to child welfare issues enacted in recent years, including citations and summaries of specific child welfare-related laws in each State.
State Child Abuse Registries (PDF - 288 KB)
National Resource Center for Permanency and Family Connections (2013)
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.