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You are here: Home > For Prospective and Adoptive Parents > For Prospective Parents > Legal Considerations for Prospective Adoptive Parents
Legal Considerations for Prospective Adoptive Parents
Publications and resources that cover pertinent legal issues including consent to adoption and State regulation of adoption expenses.
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A Guide to the Multiethnic Placement Act of 1994 as Amended by the Interethnic Provisions of 1996
Provisions, common questions, and checklists for implementation.
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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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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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Legal Issues of Independent Adoption
| Author(s): |
National Adoption Information Clearinghouse (HHS)
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| Availability: |
View Publication
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| Year Published: |
2001 - 8 pages |
This fact sheet reviews the legal aspects of agency and independent adoptions and highlights risks for the revocation of the birthparents' consent to adoption. The role of putative father registries in tracking the rights of birthfathers is discussed. The factsheet also examines considerations for selecting an adoption agency or attorney and describes the psychological and financial issues related to adoption and revocation of consent. A list of resources for more information about independent adoptions is included.
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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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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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Summary of Laws Regarding International Adoptions Finalized Abroad: 50 States and 5 U.S. Territories
This resource provides information regarding intercountry adoption law in the 50 States, the District of Columbia, and 5 territories. Twenty-six States and one territory grant recognition to foreign adoption decrees. In 17 States, re-adoption is allowed by statute. Eighteen States, the District of Columbia, and 4 U.S. territories do not address intercountry adoption in their statutes. 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 September 13, 2004 by webmaster_naic@caliber.com.
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