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You are here: Home > For Pregnant Women and Birth Mothers, Fathers, and Relatives > For Birth Mothers, Fathers, and Relatives > Legal Considerations for Pregnant Women and Birth Mothers, Fathers, and Relatives
Legal Considerations for Pregnant Women and Birth Mothers, Fathers, and Relatives
State laws and information on relevant legal issues related to placing a child for adoption, openness, and access to children's adoption records.
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A Family's Guide to the Child Welfare System (PDF 700 KB)
A guide for families in the child welfare system including experiences other families have had, laws and policies, and ways to advocate for a family's rights.
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Access to Family Information by Adopted Persons
In nearly all States, adoption records are sealed and withheld from public inspection after the adoption is finalized. Most States, therefore, have procedures by which parties to an adoption may obtain nonidentifying and identifying information about an adopted person and the adopted person's birth relatives from an adoption record. This resource, current through June 2004, provides definitions of nonidentifying and identifying information, an overview of who may access such information, and information about access to original birth certificates.
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American Academy of Adoption Attorneys
National membership organization of attorneys with expertise in adoption, including a directory with referrals to adoption attorneys in all 50 States.
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Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
Requirements regarding collection of information about those involved in an adoption differ from State to State. Each State establishes its own guidelines regarding who can collect information and what kinds of information may be collected regarding the child to be adopted, the birth parents, and the adoptive parents. This document, current through July 2003, summarizes these State statutes.
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Cooperative Adoptions: Contact Between Adoptive and Birth Families After Finalization
This resource discusses guidelines for legislation allowing adoption with contact agreements, statutes permitting enforceable contracts, and other State laws. It then presents citations and text of State laws related to formalized open adoption agreements. The print version is current through September 2003.
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Court Jurisdiction and Venue for Adoption Petitions
Adoption is a legal process for making a child a permanent member of a family other than the child's birth family. This legal process falls under the jurisdiction of a court of law in the State where the adoption occurs. This resource, current through March 1, 2004, explains jurisdiction and venue. Examples of jurisdiction are also provided.
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Decision-making for the Permanent Placement of Children
The Adoption and Safe Families Act of 1997 (P.L. 105-89) amended Title IV-E of the Social Security Act in an effort to provide added safety and permanency for children in foster placement. This legislation has served as the impetus to efforts to reform child welfare practices in most States. An emphasis is placed on the health and safety of children, as well as on expediting and improving planning and decision-making for the permanent placement of children in the child welfare system. Federal law (42 U.S.C. 675(5)(B)) requires that the status of each child in foster care be reviewed at least ...
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Disclosure of Confidential Records
This report summarizes state laws regarding the protection of confidential child abuse and neglect records. The review includes a table that identifies the agencies and individuals permitted by each state to access records, such as the courts, law enforcement, physicians, attorneys, employers, review teams, and the public.
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Grounds for Termination of Parental Rights
This briefing reviews state laws regarding the termination of parental rights. Grounds for termination, time limits, reasonable efforts, and consideration of child's best interest are identified for each state.
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Intestate Inheritance Rights
Issues of property distribution may arise when a birth parent or adoptive parent dies without making a valid will or without naming an heir to particular property (referred to as "intestacy"). In these cases, State law determines who may inherit from whom. All 50 States and the Territories of the United States specify an adopted child's rights of inheritance from and through the adoptive and biological parents. Current through July 2003, this document sets forth the laws of each State and Territory regarding intestate succession as it affects adopted children.
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National Center for Adoption Law and Policy
Online resource for child welfare and adoption law information.
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Permanency Planning: Best Interests of the Child
Whenever a court must make a determination as to the custody and/or placement of a child, or must decide on a petition for termination of parental rights, the court must weigh whether that decision will be in the best interests of the child. All States and Territories require that the child's best interests be considered whenever such decisions regarding a child's placement are made. This resource contains the text of the "best interests of the child" statutes for 47 states, 3 territories, and the District of Columbia. The print version is current through September 2003.
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Permanency Planning: Concurrent Planning
The Adoption and Safe Families Act of 1997 (P.L. 105-89) mandated shortened timelines for achieving permanency. To meet these timelines, most states have come to rely on concurrent planning, a type of permanency planning in which reunification services are provided to the family of a child in out-of-home care, but at the same time an alternative permanency plan is made for the child should reunification efforts fail. This report, current through September 2003, summarizes laws regarding concurrent planning for 37 states and territories and the District of Columbia.
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Placement of Children with Relatives
In order for States to receive Federal payments for foster care and adoption assistance, Federal law requires that they "consider giving preference to an adult relative over a non-related caregiver when determining placement for a child, provided that the relative caregiver meets all relevant State child protection standards." Several States require relatives to undergo a criminal background check that may include all adult members of the household, and several States have established "kinship care" or "relative caregiver" programs by statute to provide relatives with benefits to offset the cost of caring for a placed child. Current through June 30, 2003, ...
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Reasonable Efforts to Reunify Families
Reasonable efforts refers to efforts made by State social services agencies to provide the assistance and services needed to preserve and reunify families. Nearly all of the States have enacted statutes requiring the provision of services that will assist families in remedying the conditions that brought the child and family into the child welfare system. This report, current through September 2003, summarizes these statutes, providing information for each State on how they define "reasonable efforts," when reasonable efforts are required, and when they are not required.
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Resources for State Adoption Statutes
This briefing provides information on how to obtain full-text copies of pertinent State adoption statutes, including legal citations, contact information and fees to order print copies, and, when available, web site addresses for specific State statutes online. Information is provided for all 50 States, the District of Columbia, and 4 territories.
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Consent to Adoption
This briefing reviews State laws regarding consent to adoption. Statutes dealing with who must consent, consent of minors, when parental consent is not needed, when and how consent can be executed, and revocation of consent are identified for each State, the District of Columbia, and five territories. The print version of this resource is current through December 31, 2002.
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Parties to an Adoption
This briefing reviews State laws regarding parties to an adoption. General information dealing with who may adopt, who may be adopted, and who may place a child for adoption is identified. Gay and lesbian adoption is addressed briefly. The print version of this resource is current through March 2004.
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Presumed (Putative) Fathers
This briefing reviews State laws regarding putative father registries. Statutes dealing with registry/paternity requirements to receive notice of termination of parental rights or adoption proceedings, information contained in aregistry/claim, revocation of information, and access to information are identified for each State, the District of Columbia, and five territories. The print version of this resource is current through December 31, 2002.
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Standby Guardianship
This briefing reviews State laws regarding standby guardianship. Statutes dealing with how to establish a standby guardian, who can nominate a standby guardian, how the guardian's authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship are identified for each State, the District of Columbia, and five territories. The print version of this resource is current through May 31, 2003.
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State Regulation of Adoption Expenses
This briefing reviews State laws regarding the regulation of adoption expenses. Regulations for birth parent expenses, payments for arranging adoptions, payments for relinquishing a child, fees charged by a department or adoption agency, and accounting of expenses required by the court are identified for each State, the District of Columbia, and five territories. The print version of this resource is current through December 31, 2002. 1 table.
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Use of Advertising and Facilitators in Adoptive Placements
All States permit the placement of children for adoption by agencies, either publicly sponsored agencies, such as a department of the State government, or private child- placing agencies that have been licensed by the State. These placements are known as agency adoptions. Many people choose to adopt without the involvement of an agency; these placements are known as private placements or independent adoptions. The challenge for prospective adoptive parents in a private placement is locating a child who is appropriate for their family or finding birth parents willing to place their child for adoption. Some parents choose to advertise their ...
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A Service of the Children's Bureau, Administration for Children and Families,
U.S. Department of Health and Human Services
For more information, contact:
National Adoption Information Clearinghouse
330 C Street, SW
Washington, DC 20447
Phone: (703) 352-3488 or (888) 251-0075
Fax: (703) 385-3206
E-mail: naic@caliber.com
Updated on August 20, 2004 by webmaster_naic@caliber.com.
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