Adoption is much more than welcoming a child into a family. It is a legal process that permanently establishes a parent-child relationship, transferring the rights and responsibilities of parenthood to the adoptive parent or parents. Although adoption laws differ from state to state, the basic legal framework is similar throughout the United States. Federal law also applies in particular situations, including foster-care, interstate, Tribal/Indian-child, and intercountry adoptions. (https://www.law.cornell.edu/cfr/text/22/96.2)

Beginning the Legal Process

The process generally begins when prospective adoptive parents work with an adoption agency, child-welfare agency, or adoption attorney, depending upon the type of adoption. Most prospective parents must complete a home study, which evaluates their background, household, finances, health, criminal history, relationships, parenting preparation, and ability to provide a safe and stable home.

If a child will be placed across state lines, the Interstate Compact on the Placement of Children (ICPC) generally governs the interstate placement process. The appropriate authorities in the sending and receiving states ordinarily must approve the placement before the child can be moved across state lines for adoption.

Custody Before Adoption

Placement and adoption are not the same thing. When a child first enters a prospective adoptive home, the adoptive parents may not yet have all of the legal rights they will receive after finalization.

Depending upon the case, legal custody may temporarily remain with an agency, the state, or another legal custodian while the prospective parents provide the child's day-to-day care. The court and supervising agency may retain authority over important decisions until the adoption becomes final.

During this period, social workers may conduct post-placement visits and submit reports concerning the child's safety, adjustment, and well-being.

Birth Parents, Consent and Parental Rights

The rights of a child's legal parents must be legally addressed before another person can permanently assume those parental rights through adoption.

In a voluntary adoption, this commonly involves a parent executing a legally valid consent or relinquishment. State laws determine when consent may be signed, how it must be executed, whether it may be revoked, and for how long. These rules vary significantly. For example, many states require a waiting period following a child's birth before a parent's consent can legally be given. (https://artifacts.childwelfare.gov/public/documents/consent-to-adoption.pdf?VersionId=Y77NEZ0_Xs5MQR.3nmEnL.MCKmfRUJfR)

In other cases, parental rights may be involuntarily terminated by a court. Termination of parental rights is a serious legal proceeding and requires the procedures and legal grounds established by applicable law. Until parental rights have been legally surrendered, terminated, or otherwise resolved as required by law, parents may retain important rights concerning their child.

The child's other legal parent must also be considered. Laws concerning notice, consent, presumed or alleged fathers, paternity, and putative-father registries vary by state.

Children themselves may have legal rights in adoption proceedings. Depending upon their age and the state, a child's consent to adoption may be required. A child may also be entitled to an attorney, guardian ad litem, or other representation in certain proceedings.

Visitation and Contact

Before an adoption is finalized, a child's birth parents or relatives may have visitation or contact rights established by a court or child-welfare agency. This is especially relevant when a child is in foster care. Federal foster-care law requires procedural safeguards concerning parental visitation privileges.

After adoption, the situation changes substantially. Some families agree to continuing contact between the child and members of the birth family, sometimes called an open adoption or post-adoption contact arrangement. This can include letters, photographs, telephone or video calls, or in-person visits.

However, whether such an agreement is legally enforceable depends upon state law and the circumstances of the adoption. Families should never assume that an informal agreement concerning post-adoption visitation has the same legal effect as a court-enforceable agreement.

Finalizing the Adoption

Finalization is the point at which the adoption becomes legally permanent. The prospective adoptive parents generally petition the appropriate court, and the court reviews the case to determine whether applicable legal requirements have been satisfied and whether the adoption should be granted.

Once the final decree is entered, the adoptive parents become the child's legal parents, with the rights and responsibilities that accompany parenthood. Adoption ordinarily creates a permanent legal parent-child relationship and, depending on the applicable law and type of adoption, terminates the prior legal parent-child relationship. (https://www.law.cornell.edu/cfr/text/22/96.2)

The child generally acquires the legal rights of a child of the adoptive parents, including rights related to parental care and inheritance under applicable law.

Adoption Records and Privacy

Adoption records deserve special attention because access rules differ considerably among states.

Adoption court files and identifying information are commonly protected from ordinary public access. Adoptive parents generally receive important information concerning the child's available medical, social, and family history. As an adopted person becomes an adult, access to an original birth certificate or identifying information about birth relatives depends heavily upon the law of the state involved. Some states provide broader access, while others impose restrictions or require consent, registration, or a court order.

Families should preserve the child's adoption documents, available medical history, social history, court records, immigration documents when applicable, and other important information for the child's future.

Important Federal Protections

Several federal laws can significantly affect particular adoptions. Children in federally supported foster-care systems are protected by federal requirements concerning permanency planning and parental procedural safeguards.

When the Indian Child Welfare Act (ICWA) applies, special federal protections govern matters including placement and the voluntary termination of parental rights. For example, federal law imposes specific requirements for a parent's or Indian custodian's consent to voluntary termination of parental rights.

International adoption involves another specialized body of law. Hague Convention cases and other intercountry adoptions may involve federal immigration requirements, accredited or approved adoption service providers, foreign-country requirements, and additional rules concerning consent, records, custody, and finalization.

Protecting Everyone Involved

A properly conducted adoption should protect everyone's legal rights: the child's, the birth parents', and the adoptive parents'. Most importantly, adoption law is designed to ensure that decisions concerning a child are made through lawful procedures and with the child's safety, permanency, and best interests at the center of the process.

Adoption can be emotional, complicated, and sometimes lengthy. Understanding the legal process helps families enter adoption with realistic expectations and respect for the rights and responsibilities of everyone involved.

Legal Disclaimer: This article provides general educational information about adoption in the United States and is not legal advice. Adoption, custody, consent, termination of parental rights, visitation, records access, inheritance, interstate placement, and finalization requirements vary by state and by the circumstances and type of adoption. Federal and Tribal law may also apply. Prospective adoptive parents, birth parents, adopted persons, and other interested parties should consult a qualified adoption attorney, licensed adoption professional, appropriate state or Tribal child-welfare authority, or other qualified professional regarding their specific situation.