Considering adopting? Adopting within your state can be as simple as contacting an agency or adoption lawyer near you. Adopting across state lines can be more of a challenge.
Child custody lawyer Lee Schwartz introduces common hurdles people face when trying to adopt a child out-of-state.
Adoption is Controlled by State Law
Like marriage and property law, adoption is legislated at the state level, not the federal level. For this reason, there is no uniform adoption law nationwide. Further, adoption laws vary greatly from state to state.
Every State Has Its Own Child Welfare System
Welfare costs, benefits, and regulations vary greatly from state to state, and one state cannot control or supersede the laws of another state. This means that prospective parents must satisfy the laws of both the state they live in and the state the child is from.
People Eligible to Adopt in Their State May Not Be Eligible in Another State
Couples or individuals wishing to adopt a child in another state will most likely face eligibility criteria that are different from the eligibility criteria in their own state and, in some cases, may be precluded from adopting a child from that state, depending on the adoption laws in your home state.
The ICPC is Intended to Help with Interstate Adoptions
The U.S. Department of Health and Human Services provides:
“Adopting children from other States requires the involvement of the Interstate Compact on the Placement of Children (ICPC), a legally binding agreement between States regulating the placement of children across State lines. All 50 States, the District of Columbia, and the U.S. Virgin Islands have adopted the ICPC as statutory law in their respective jurisdictions.”
The American Public Human Services Association (APHSA) reports that “the purpose of the ICPC is to ensure that if a child is moved across state lines, that child’s rights are protected as if they were in their home state and all legal requirements are observed.
The ICPC is designed to provide a monitoring mechanism during the transition and placement of the child in another state; ensure the child receives services; ensure compliance with the laws of each state; and provide the child with an alternative should the placement prove not to be in their best interest, or if the need for out-of-state services ends.”
Although ICPC was adopted into law more than 50 years ago, red tape, lack of uniform home study requirements, lack of training of state personnel in the requirements of the ICPC, lack of uniform documents, lack of uniform procedures, differing home study requirements, and financial disincentives continue to delay interstate adoptions and frustrate would-be adoptive parents to this day.
How to Adopt a Child from Another State Under the ICPC
In order to adopt a child from another state, you (or your agency or attorney) must contact the ICPC office in the child’s resident state and submit the required standardized documents, which may include a summary of the plan for the child’s care, a copy of your home study, your financial information, and the child’s medical information. Article III(b) of the ICPC lists the information you’re required to provide:
- The name of the child
- The child’s birthday
- Birthplace of the child
- Your names
- A concise statement of the reasons for moving the child to a new state
Both the ICPC office in your state and the ICPC office in the child’s resident state review the information you submit to determine if they think that the move is in the child’s best interests.
Either office may ask for more information in order to make this determination. Once both states agree that the move is in the best interests of the child, you are approved to move the child to your state and complete the adoption process.
Although it can seem as though there are lots of challenges when you are adopting across state lines, thousands of people do so successfully every year and you can too with the help of an adoption attorney who is experienced with adoption law and ICPC regulations.
To find a qualified and experienced adoption attorney, go to AdoptionArt.org.
About the Guest Author
Jenn Walker is a freelance writer, blogger, dog-enthusiast, and avid beachgoer operating out of Southern New Jersey.
