Adoption Legislation

Adoption laws govern who can adopt, how, and under what circumstances, and touch on every facet of the adoption process. Adoption laws govern who can adopt, how, and under what circumstances, and touch on every facet of the adoption process.

States are free to set their own laws, within federal mandates, and no two states have exactly the same laws. While this is often the subject of discussion about setting uniform standards that would apply to all states, this would not only violate the principle of states' rights set out in the Constitution, but also be near impossible to achieve since state laws are widely divergent on many points, including:

• payment of expenses to expectant parents
• adoption by gays and lesbians
• permissible activity by adoption facilitators
• the release of adoption records to adopted adults
• enforceability of open adoption contact agreeements
• time for placing parents to revoke consent to adoption
• and others.

Federal laws set guidelines especially concerned with the adoption of children in the U.S. foster care system, and the adoption of Native American children.

In addition, states voluntarily participate in two compacts, the Interstate Compact on the Placement of Children (ICPC) and the Interstate Compact on Adoption and Medical Assistance (ICAMA), which regulate the movement of children across state lines prior to adoption, and the payment of subsidies and foster care allowances when children do move from one state to another.

Because of differences in state laws, it is important for all parties to an adoption to be aware of the law in their state and, if different, the state of the other party. Consult your adoption professional to be sure you are aware of all laws governing your adoption.