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State Statutes and Policy Related to Adoption
State adoption laws vary from State to State but should be in compliance with Federal legislation. Find resources in this section on State laws, including a searchable database of State laws on a variety of topics and State and local examples.
State Laws on Adoption
Child Welfare Information Gateway
Offers summaries of State laws addressing domestic adoption, intercountry adoption, and postadoption legal issues such as access to adoption records and inheritance rights.
Online Resources for State Child Welfare Law and Policy | |
Series Title: | State Statutes |
Author(s): | Child Welfare Information Gateway |
Availability: | View Download (PDF - 340KB) |
Year Published: | 2012 - 3 pages |
Provides web addresses for State statutes that are accessible online and lists the parts of the code for each State and territory that contains the laws addressing child protection, adoption, child welfare, legal guardianship, and services for youth. It also provides web addresses for States' regulation and policy sites, State court rules, Tribal codes, and judicial resources. Resources for all States and U.S. territories are included. |
Expedited Appeals in Termination of Parental Rights Cases (PDF - 151 KB)
Szymanski
NCJJ Snapshot, 10(1), 2005
Identifies States that allow for expedited appeals in termination of parental rights cases and discusses variations among the States.
Guide for Creating Legislative Change: Disability in the Termination of Parental Rights and Other Child Custody Statutes (PDF - 1990 KB)
Lightfoot & LaLiberte (2007)
Addresses discrimination against parents with disabilities in State child custody and termination of parental rights statutes. The guide provides key principles for protecting parents with disabilities, model statutory language and accompanying definitions, a legislative change strategy, and practice suggestions for modifying services and providing parental accommodations.
Jury Trial in Termination of Parental Rights Cases (PDF - 304 KB)
Szymanski
NCJJ Snapshot, 13(9), 2008
Identifies States that have statutes or case law permitting or requiring a jury trial in termination of parental rights cases and discusses the prohibition of jury trials in other States.
Marital Preferences in Adoption Law: A 50 State Review (PDF - 26 KB)
Baker & Duncan (2005)
Discusses differences among States regarding laws that indicate a preference for married couples in adoptions, finding that most States ban discrimination based on marital status rather than indicate any preference for marriage.
State-by-State: Second Parent Adoption Laws (PDF - 224 KB)
Family Equality Council (2008)
Reviews State laws that address allowing individuals to petition to adopt the child of his or her same-sex partner.
State Law Comparison Chart: State-Funded Adoption Assistance (Word - 116 KB)
Association of Administrators of the Interstate Compact on Adoption and Medical Assistance (2009)
Includes criteria to extend State-funded adoption assistance beyond age 18 for each State, which States fund adoption assistance beyond age 18, and the maximum age in each State for adoption assistance extensions.
State Law Comparison Chart: Title IV-E Adoption Assistance (Word - 175 KB)
Association of Administrators of the Interstate Compact on Adoption and Medical Assistance (2009)
Addresses State laws regarding termination of parental rights requirements when providing title IV-E adoption assistance, whether adoption assistance is provided beyond age 18, and the maximum age extension for services, including criteria for an extension.
Stepparent Adoption | |
Series Title: | Factsheets for Families |
Author(s): | Child Welfare Information Gateway |
Availability: | View Download (PDF - 182KB) Order (Free) - Add to Cart |
Year Published: | 2008 - 4 pages |
Stepparent adoption is governed by State law. Most States make the adoption process a little easier for stepparents, but requirements for home studies, criminal background checks, and procedures for obtaining consent of the noncustodial parent vary widely by State. This factsheet offers general information about legal issues to consider and steps to take when adopting a stepchild. While most stepparent adoptions can be done without the help of a lawyer, stepparents may wish to consult an adoption attorney to understand the specific legal requirements in their State. Resources for more information are included. |
Time to Decide?: The Laws Governing Mothers' Consents to the Adoption of Their Newborn Infants
Samuelson
Tennessee Law Review, 72, 2005
Reviews State laws regarding mothers' consents to adoption and recommends improvements to State laws in order to promote mothers' deliberate decision-making.
State and local examples
Criteria and Procedures for Determining a "Compelling Reason" Not to File a TPR: Discussion Paper and Approved Recommendations (PDF - 127 KB)
Center for the Study of Social Policy (2005)
Makes a recommendation to child welfare stakeholders in the District of Columbia based on Federal laws and State policies and practices regarding criteria for determining a compelling reason not to file a termination of parental rights petition for children in the custody of DC's Child and Family Services Agency for 15 of the last 22 months.
Terminating Parental Rights by Jury Trial in Arizona: A First Year Look (PDF - 546 KB)
Children's Action Alliance (2005)
Examines the strain on child protective services, attorneys, and juvenile court resources caused by a legislative mandate initiated in Arizona in 2003 allowing jury trials for termination of parental rights hearings based on a parent's request.
Trading Family for Permanency: Legal Orphanage Under the Adoption and Safe Families Act (PDF - 4880 KB)
Carey
Michigan Child Welfare Law Journal, 11(4), 2008
Reviews the legal history of parental rights in foster care and adoption, and examines Federal and Michigan State policies that prefer the reunification of families but also expedite the process to terminate parental rights. The article proposes reforms to strike a balance between parental rights and children's best interests.