1. FBI Fingerprint Background Checks

One of the largest concerns about adoptive parents is making sure that they are suited to parent the child in question. In addition to a home study, interviews, and education, an FBI fingerprint background check is required in adoption to ensure that there is nothing in a prospective adoptive parent’s past that should exclude him or her from adopting. Some such exclusions include violence against children or the disabled, sexual crimes, domestic violence, and some degrees of assault. These checks will inform the adoption professional if any applicant or anyone in the home over the age of 18 has ever been arrested for or convicted of any crime and the details regarding that arrest or conviction so a qualifying decision can be made.

2. ICPC

An ICPC, also known as the Interstate Compact of The Placement of Children, is a term you will become well-acquainted with if you adopt from out of state. According to Adoption.com, “ICPC is an agreement between all 50 states, Washington D.C., and the U.S. Virgin Islands. This compact oversees the transfer of a child from one state to another in an adoption or foster situation.” Essentially, ICPC protects anyone from transporting a child across state lines without the permission and notification of the government in the receiving and sending states. For many adoptive parents, this often seems like a drawn-out process, taking anywhere from a few days to many weeks, but it is incredibly necessary and important.  

3. Payments in Adoption 

Simply put, it is illegal to pay someone for their child. This is largely the reason that you have to utilize adoption experts to facilitate an adoption. Attempting to pay an individual for their child is human trafficking. An adoption agency and/or an adoption attorney will ensure that all payments made are for adoption services. The only payments that can be made to a birth mother is that for pregnancy-related expenses and some living expenses. However, all of these payments will go through the agency or adoption attorney in order to avoid any illegal payments or misunderstandings. It is also illegal to purchase gifts for birth parents that could be construed as tools of persuasion in an effort to ensure the child is placed with the gifter. There is some leeway for this through gifts of sentimental value and other similar gifts; however, it is best to consult an adoption attorney or agency before gifting anything.

Are you ready to pursue adoption? Visit Adoption.org or call 1-800-ADOPT-98 to connect with compassionate, nonjudgmental adoption specialists who can help you get started on the journey of a lifetime.

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The “legal risk” period can vary from state to state. Some states allow ten days for the birth mother to change her mind; some states allow 24 hours. You need to look at your state’s laws to find out how long this period is for you. Your agency will know this information. While it is a legal term, it certainly involves much more emotion for the birth and adoptive families involved.

While it can be considered a good thing for birth mothers to have this time, I have also heard from several birth mothers that it is also as much curse as blessing. Having all that time knowing they could change the situation was really stressful. They expressed they wished it passed as fast as the adoptive parents did. They knew if they changed their minds it would devastate the hopeful adoptive parents. The choice was theirs; however, and it is their baby, after all. They have every right to change their minds.

For adoptive families, this is a stressful time. Even the most “sure thing” adoptions do not go through sometimes. For that reason, some agencies offer or require something often called “cradle care.” This is where the baby goes to a licensed provider for care during those legal risk days. This way, the birth mother has left the hospital but the adoptive family is not yet caring for the baby or bringing it home, as to avoid forming attachment and having sadness if the baby is not placed for adoption. It’s interim care until legal risk is over. 

Many adoptions do not use cradle care. For example, our son was born on a Monday. We met him on Tuesday at the hospital and brought him home Wednesday. The agency did not feel cradle care was necessary in our case; however, we still were scared until that time period had passed. Once it passed, we had a really nice “regrouping” type of meeting with the birth mother at our agency. It was a way to reconnect after all the birth and hospital events had passed and the adoption was legal. We were his legal guardians and the adoption was finalized with the court system about six months after that.

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If you are adopting from a state other than the one you live in, it’s important to be familiar with adoption laws of that state. Each state has different waiting periods – time allowed for birth mothers to change their minds – which may mean you will need to remain near for a length of time. This will affect your family in that you may have to make provisions to live/stay in a different state for a matter of days, weeks, or months.  

In our first adoption, the father registry was of utmost importance and ended up causing a delay in our son’s adoption. While our son’s bio mother and father both signed away their rights pre-adoption (allowed in the state we were in at the time) his legal father did not. Our son was conceived while his birth mom was married to a man she was legally separated from and was deployed. Because of divorce laws in that state, she couldn’t divorce him while he was deployed, our son was conceived, and he now had two fathers. This could have become a larger issue for us if he had a true interest in this child. Fortunately, he was only interested in dodging child support for the child he did father and was just trying to make our birth mom’s life hard.

As I stated earlier, in some states it is legal for birth parents to sign the consent to adopt, relinquishment of their rights, before the birth of the child. At that point, the waiting period will begin the moment the child is born. In other states, there is a time period that must be waited for after the birth of the child, and the time to change their mind does not begin until the papers are signed. You’ll want to be familiar with the laws of your state so that you know what to expect. If you are adopting from another state, the law may be different than your own, and you’ll need to follow the law of the state that the child is born in.   

When our son was two years old we were contacted by a friend to adopt her son. Since we were in different states it was necessary for us to retain an attorney in our state and the state that the child was born in. We studied the laws of relinquishment, which in that state was 48 hours after the birth of the child. Then after she signed relinquishment papers the birth mother would have 3 days to change her mind. When 3 days had passed it would have been necessary for us to petition the court for the right to leave the state with our infant son.     

While adoption laws can be confusing and frustrating, it’s important to remember that they’re put into place to protect everyone in the adoption triad. If you’re working with an agency, they will handle most of the legal aspects with you, but it’s still vitally important to know the laws and what to expect. Sometimes agencies don’t or forget to communicate, what can be key pieces of information. There are plenty of books, websites, resources for finding adoption laws by state. Be certain that you are reading updated information.  

Being prepared with facts and answers can only make your adoption that much more successful. If you’re prepared and know the laws you’ll have a much better idea of what to expect as you move forward in the process.

Are you and your partner ready to start the adoption process? Visit Adoption.org or call 1-800-ADOPT-98 to begin your adoption journey. We have 130+ years of adoption experience and would love to help you.

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