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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• An accredited or approved adoption agency is required. Only adoption service providers that have been federally approved may provide adoption services for Convention adoptions. This requirement guarantees prospective adoptive parents that the adoption agency has been evaluated by the State Department. The Council on Accreditation evaluates and approves agencies to ensure uniform standards and ethical practices.
• All fees and expenses must be disclosed in writing beforehand. The Convention requires agencies to provide an itemized list of fees and expenses in advance. Changes may only be made in very specific circumstances. It
• affords a formal system for making a complaint against a Hague Accredited agency for non-compliance.
• Each child who is adopted from a Convention country will receive either a Hague Adoption Certificate or a Hague Custody Certificate from the U.S. Embassy or Consulate that issues the immigrant visa to the child. An officer will determine visa eligibility before finalization of the adoption, allowing prospective adoptive parents to know in advance whether the child will be permitted into the U.S.

Adopting a child from a Convention country usually consists of the following steps:

Choose an agency.

You must choose an accredited or approved adoption service provider in the U.S. You must ensure that the chosen country has authorized your agency to provide services in that country.

Apply to be found eligible to adopt.

You must be found eligible to adopt in the U.S. by Citizen and Immigration Services. You must submit the appropriate forms including your home study and info on your health, finance and background.

Be referred to a child.

Once you are found eligible to adopt, paperwork will be sent to the Convention country to ensure you meet that country’s criteria. The info on the child will be released to you including psychological, social, and medical history. It will include the child’s name, date of birth, and the reason for placement. You will have two weeks to accept or deny the referral. 

Apply for the child to be found eligible to immigrate to the U.S.

This requests the child be listed as a Convention adoptee. Once that is done you can submit a visa application. A Convention adoptee classification is provisional and must be finalized by a Consulate Officer later in the adoption process. 

Adopt or gain legal custody of the child.

After the completion of all previous steps you may proceed to the finalization of the adoption or grant of custody for the purposes of adoption. The process of legalization varies from one country to another.

Obtain an immigrant visa for the child.

You’ll need to apply for a birth certificate, the child’s passport, and U.S. Immigrant Visa. Afterward, you will be issued a Hague Adoption Certificate or Hague Custody Certificate.

Considering adoption? Let us help you on your journey to creating your forever family. Visit Adoption.org or call 1-800-ADOPT-98.

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A CASA’s sole purpose is to be a voice for the child.  They will visit children in their placements, communicate with team members and biological families, attend meetings, and report to the courts regarding how the child is doing as well as their opinion with respect to the case.  CASAs are also mandated reporters.

To become a CASA volunteer, one must attend a required 30-hour training regarding the foster care system, child abuse and neglect, legal issues, as well as other variables that come into play when working within the foster care system.  In order to become a CASA, one must be at least 21-years-old, participate in an interview, provide references, and complete necessary background checks.

The volunteers are asked to make a commitment of at least two years, but some cases may last longer than that.  This is an important aspect because of the need for foster children to have stability in relationships. It is also important due to possible turnover of case management and juvenile court officials.  Having someone who has been a party to the case from the very beginning is so incredibly vital. 

CASA volunteers are supported by CASA staff members.  They can access various resources and attend training that will enhance their abilities to serve children as best as they can.  

So, why are CASAs important?   

1. They can serve as a liaison between the child and team members.  A child/youth may not feel comfortable asking tough questions to a case manager, attorney, foster parent or biological parent, but he/she may confide in a CASA.
2. CASAs can observe things that others may miss.  Example from a real case: A CASA volunteer observed that a relative was allowing the child to be around the perpetrator of abuse against the child.  The relative denied it with the team but did not hide it from the CASA. The CASA volunteer reported this to the court immediately.
3. CASA volunteers are members of our communities.  Through their volunteerism, they learn a great deal about the needs and issues facing foster children, the child welfare system and others affected by child abuse and neglect.  Through their knowledge, they become advocates.
4. For complicated cases (and there are many), having an extra voice, who is just there for the child, is crucial.  A CASA can bring up issues that others may not feel they are allowed to bring up.

CASA volunteers serve an important role in our communities.  They are every day, ordinary people who have decided to step right into the world of a child who may have experienced abuse and neglect.  They are not paid for their service but do so out of the desire to make a difference in the lives of children who desperately need it.

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The choice to place a child for adoption is one of the most difficult choices a parent can make. Birth parent rights mean they have the right to make a plan for their child, and they also have the right to choose parents. It is important to understand the difference between the relinquishment period and the revocation period in each state.

Relinquishment Periods

The relinquishment period in each state can differ. Most states require some period of time before birth parents can relinquish their rights. Even in states like Alabama where birth parents can terminate their rights anytime after birth, they may want to wait until they have had time to rest. States like Kentucky, which requires a period of 72 hours, allow birth parents to have some time before making the decision. This time can be full of anxiety and fears for prospective adoptive parents, but it is a crucial time for birth parents.

Between Birth and Relinquishment

Birth parents should control the adoption process, so prospective adoptive families need to respect that the child is not theirs until the parents terminate their rights. During this time, birth parents have the right to spend time alone with their child, have visitors, and take photos. Even in a positive relationship between birth families and prospective adoptive families, this time can cause anxiety. What if they change their mind? This is a risk prospective adoptive families must accept when they enter the adoption process and needs to be a risk they are willing to take. Adoption is not a guarantee. Some adoptive families have several adoption plans fall through. It is a heartbreaking, crushing experience, but it is the right of parents to parent their biological children.

Irrevocability

Even after relinquishment, some states allow birth parents to change their minds. The first few days after a baby is born can be physically, emotionally, and mentally draining. Not every birth family is ready to make a permanent, irrevocable decision. States like Arkansas (10 days), Maryland (30 days), and New York (30 days) give a period after relinquishment where birth parents can change their minds. After that period, the decision is irrevocable. Not all states require this time period. In these states, once birth parents relinquish their rights, the decision is final unless they can prove duress.

Birth Father Rights

Some states allow birth fathers to surrender their rights before birth or at any time after birth. Not all states require birth fathers to be named. It’s important to be familiar with the laws of the state the child will be born in. Read more about birth father rights here.

The Role of Prospective Adoptive Parents

Support, support, support! Be as supportive as you can. The birth parents may end up placing their child in your arms, and the grace and understanding you display during this time can be beneficial to the special relationship you will build. Keep in mind that the child belongs to the birth parents during this time, and they are the ones who should have all the rights.

The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.

Are you considering placing a child for adoption? Do you want more choices with your adoption plan? Do you want to regain more control in your life? Visit Adoption.org or call 1-800-ADOPT-98. We can help you put together an adoption plan that best meets your needs.

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Generally speaking, single adults over 18 or married couples are legally eligible to adopt. Additionally, stepparents can adopt the child of their spouse if the spouse has legal custody of the child.

Any child adopted must be under the age of 18 with few exceptions in a small number of states.

If you choose to go through an adoption agency, make sure that they’re licensed, accredited, and approved by all necessary parties. If you are planning on adopting internationally, make sure that the adoption agency you choose is licensed in both your home country and the country you plan to adopt from. Every country has their own specific laws pertaining to international adoption. Ensure your agency is knowledgeable and up to date on all current laws and guidelines.

Each state has unique adoption laws, qualifications and guidelines adoptive parents must adhere to. The adoption agency you’re working with should be knowledgeable about all the laws unique to your state and follow all necessary guidelines.

Make sure that the person, agency, or organization you’re working with has obtained the proper consent to place the child with an adoptive family. Only birth parents, legal guardians, state social service agencies, and government approved and licensed child-placing agencies have the authority to place children with adoptive families. No exceptions.

Non-Agency Child Placements are when birth parents decide to place their child with the adoptive family of their choice without adoption agency, or government entity involvement.

In these situations there is no agency or government involvement. Be wary of making currency exchanges in these circumstances and get all legal documents prepared in advance. Unlike in government and agency adoptions, the birth parent has the right to keep the child up until all custody documents are signed and approved. There is no legal contract or laws in place to protect the rights of the adoptive parents.

Adoption is a wonderful, beautiful experience for both parent and child. Ensuring your adoption is ethical is one of the first steps to ensuring joy and happiness for your growing family. Check with your local adoption and government agencies to ensure you are doing all that you can to follow current adoption laws to make sure your adoption process is smooth and legal.

The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.

Do you feel there is a hole in your heart that can only be filled by a child? We’ve helped complete 32,000+ adoptions. We would love to help you through your adoption journey. Visit Adoption.org or call 1-800-ADOPT-98.

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