You want to adopt a child, but before beginning the process, you should know that requirements for parents wishing to adopt vary from state to state and depend upon the type of adoption process they are considering.
For example, Pennsylvania, like most states, has different requirements for private and international adoptions and adoption from foster care.
Be prepared prior to beginning the adoption process so that it goes as smoothly as possible for all involved, including your child! Know in advance what questions you need to ask regardless of what state you live in, and be legally, financially, and emotionally prepared to adopt.
Let Philadelphia child custody lawyer Lee A. Schwartz help your family successfully adopt a child by asking yourself and answering the following questions.
What is Required to Adopt a Child?
First, know that every state has the authority and has designated who can adopt, who can be adopted, and who can facilitate those adoptions. Many states require that all adoptions be facilitated by or overseen by a state agency tasked with doing so.
Others permit the independent operation of private adoption agencies and attorneys who arrange adoptions under strict state regulations.
Each state will dictate who is eligible to adopt. This article will detail the legal requirements and touch on the emotional and financial requirements for adoption.
Legal Considerations Prior to Beginning the Adoption Process
Are there Restrictions on the Adoptive Parents’ Ages?
Many states require adoptive parents to be of a certain age, for example, age 18 or 21 or 25. There may be exceptions to the age requirement, for example, if the adoptive parent is the spouse of the natural parent.
Pennsylvania is one of the least restrictive states in that, in general, there is no age requirement to adopt under state law. However, to adopt a child from foster care in Pennsylvania, a parent must be at least 21 years old.
Private and international adoption agencies will have their own age restrictions and also may provide for exceptions to those restrictions under certain circumstances.
Note that some states require that the adoptive parent be 10, 14, or 15 years older than the adopted person. Most states allow anyone to be adopted; some require that the adopted person be a minor.
Most allow an adult who is incapacitated to be adopted. Be sure to check the law in your state.
Do You Have to Be Married to Adopt a Child?
Not necessarily. State law does not generally restrict whether a single parent can adopt; however, private adoption agencies vary significantly in their restrictions.
For example, they may require a couple to be married at least two years before adopting and may require that both spouses adopt the child unless the non-adoptive parent gives written consent.
In recent years, the availability of adoption to LGBTQ individuals and couples has increased dramatically. Still, some private adoption agencies do not work with LGBTQ individuals or couples, so be sure to do your research if you may be precluded from working with a particular agency due to this.
Only one state currently prohibits adoption by same-sex couples – Mississippi.
Keep in mind that both state foster agencies and private adoption agencies look to the stability of the household and the ability to nurture and support as a whole. Marriage status is but one factor in this analysis, and the home study will assess all factors.
Do I Have to Be a State Resident to Adopt?
In most states, yes. Additionally, there will be a minimum period of residency required, such as 60 days. One common exception to this general rule is when a non-resident relative of a resident child wishes to adopt that child.
I Served Time in Jail, Can I Still Adopt?
Felons are not necessarily precluded from adopting. The home study will assess a felon’s ability to adopt based upon the nature of the crime, how recently it occurred, whether the putative adoptor has rehabilitated, and the current employment and home situation.
Financial Considerations Prior to Beginning the Adoption Process
Conceiving and giving birth to a baby has its own costs, both emotionally and financially. Adoption will also take a financial and emotional toll.
Financially, you can expect that a domestic adoption can cost from $25,000-$30,000 or more. Ask questions and do your research before committing to any one agency. If you seek to adopt internationally, the cost will increase dramatically, including the cost of travel to the adoptee’s country of origin.
The federal government offers adoption tax credit which may help alleviate some of the financial burden of adoption. Be sure to consult with your tax advisor. Some financial institutions offer loans to cover the cost of adoption.
Consult your banking institution or credit union for more information.
An assessment of household income and expenses will be part of the home study. The longer you have been gainfully employed by the same employer, the better it looks for the home study.
If you are self-employed, you will have to show not only past income but the reliability of future income sufficient to maintain the household.
Emotional Considerations Prior to Beginning the Adoption Process
You have checked the legal requirements, and you are eligible to adopt. You have met the financial requirements. One crucial factor remains to be settled. Are you emotionally ready to adopt? Ask and answer the following questions:
Do You and Your Spouse Have the Same Ideas About Adoption?
Don’t be surprised if one of you is more enthusiastic or has fewer reservations than the other about adopting. This is very common. You must sit down and discuss your goals and your fears and come to an agreement.
For example, one of you may be open to adopting a child of any race, while the other is only open to a same-race adoption. One of you may want a newborn, while the other is open to adopting an older child.
These are the issues you must iron out in advance before beginning the adoption process.
If you are having trouble with this conversation, talk with your adoption specialist or counselor.
Have You Moved on Emotionally from Infertility?
Many people come to consider adopting a child only after they have exhausted their available fertility treatments. Being unable to conceive is no failure on your part, simply a biological fact, yet many mothers and couples must take time to grieve.
Again, counseling can help you cope with this loss and come to look forward to a new addition to your family through adoption.
How Will You Discuss Your Plans with Your Friends and Family?
Adopting parents need the emotional support of friends and family in that everyone should be prepared to embrace the adopted child as their own. However, those seeking to adopt may want to wait until the adoption process is almost complete before telling family and friends.
Many adoptions go awry at the last minute, for example, when a birth mother changes her mind about placing her newborn for adoption. Waiting to reveal your plans may save all involved some emotional turmoil.
Are You Prepared to Withstand the Ups and Downs of the Adoption Process?
Your adoption counselor or specialist will advise you about the adoption process and how often it ends unsuccessfully. Many adoptive parents take months or years to successfully adopt a child due to the many variables that can derail the process, such as new information about a birth mother’s health background, a birth father contesting the adoption, or the birth mother changing her mind.
The professionals at the agency you work with will help you prepare for this, but only you can know if you are ready to embark on this journey, knowing that it could be unsuccessful the first or the second time.
But if you have the resilience to see the process through, know that ultimately adopting a child will bring you and your family incredible joy. Good luck!
About the Author: Veronica Baxter is a writer, blogger, and legal assistant living and working in the great city of Philadelphia. She frequently works with Lee A. Schwartz, a noted Philadelphia family law attorney.
