Unregulated Custody Transfers of Adopted Children

This publication provides an overview of State laws related to efforts to curtail the practice of some adoptive parents placing their adopted children into the custody of unrelated persons without the oversight of a child welfare agency or court. Such transfers put a child at risk of abuse, neglect, emotional trauma, and placement instability. States are utilizing a variety of approaches to curb the practice, including criminalizing the act, placing limits the use of a power of attorney for delegating parental authority, and restricting the use of advertising to find placements for a child. This publication presents a general overview of this aspect of child welfare law. Summaries of laws on this topic for all individual States and U.S. territories are available from the State Statutes Search page.

Suggested Citation: Child Welfare Information Gateway. (2022). Unregulated custody transfers of adopted children. U.S. Department of Health and Human Services, Administration for Children and Families, Children's Bureau. https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/custody-transfers/

This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. 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 agency regulations, case law, and informal practices and procedures.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.