How to Adopt > Adoption Laws - Terms
American Adoption Laws and Adoption Acts
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This refers to the goal of a child in foster care being changed, in court, from reunification with the birth family to adoption, or vice versa. Other goals a child might have are long term foster care or permanent foster care, which might also be changed to reunification or adoption. A judge makes this decision, after reviewing the child's case files with the social worker. Some jurisdictions will not recruit or consider adoptive families unless the child's goal is adoption.
Termination of Parental Rights (TPR)
Termination of Parental Rights is a legal process involving a court hearing, during which a judge issues a decree permanently ending all legal parental rights of a birth parent to a child. This must occur before a child is considered to be legally free for adoption. Termination of Parental Rights can be voluntary or involuntary, that is, with or without the birthparents' agreement. In some states, there is a period during which the birth parent may appeal, if rights have been terminated without his or her consent. The length of that period varies from state to state.
Legal risk is a term used to describe a potential adoption in which the child to be adopted is placed with the adoptive parents before the birth parents' rights have been terminated.
An adoption is considered to be high risk if the rights have not yet been terminated, and it is expected that they may not be, because a birthparent or other relative will decide (and be approved) to parent. The adoption of newborn infants is often considered high risk.
When a birthparent has consented to an adoption, there is a time period during which that birthparent can change his/her mind (revoke consent). This time period varies by state. To learn about laws specific to your state or jurisdiction contact your county's Department of Children and Youth.
An adoption is considered low risk when the rights have not yet been terminated, but it is expected that they soon will be, and there is little likelihood of the child returning to the birth family.
Legal risk is a term used to describe a potential adoption in which the child to be adopted is placed with the adoptive parents before the birth parents' rights have been terminated.
An adoption is considered to be high risk if the rights have not yet been terminated, and it is expected that they may not be, because a birthparent or other relative will decide (and be approved) to parent. The adoption of newborn infants is often considered high risk.
When a birthparent has consented to an adoption, there is a time period during which that birthparent can change his/her mind (revoke consent). This time period varies by state. To learn about laws specific to your state or jurisdiction contact your county's Department of Children and Youth.
An adoption is considered low risk when the rights have not yet been terminated, but it is expected that they soon will be, and there is little likelihood of the child returning to the birth family.
When you adopt a waiting child or teenager, you will not need a lawyer or judge to be involved in the placement of the child in your home. If you adopt a child from the same state in which you live, the arrangements for the child's placement will be worked out between you, your worker and/or agency, and the child's worker and/or agency. Legal finalization in court will occur later.
If you are adopting a child from a different state, your agency and the child's agency will both need to comply with the policies of the Interstate Compact on the Placement of Children(ICPC)and probably the Interstate Compact on Adoption and Medical Assistance (ICAMA), before placement can occur.
If you are adopting a child from a different state, your agency and the child's agency will both need to comply with the policies of the Interstate Compact on the Placement of Children(ICPC)and probably the Interstate Compact on Adoption and Medical Assistance (ICAMA), before placement can occur.
Filing Intent to Adopt Petition
This petition, giving information about the adoptive parents and the child to be adopted, is filed with the court to initiate the adoption proceedings. It is the adoptive family's formal request to adopt the child. The petition must be filed within a specific time period (different in each state) soon after the child has been placed in the home. Your worker can provide information about the requirements in your jurisdiction.
Finalization is the legal process which transfers custody of the child from the adoption agency, county, or state to the adoptive parents. In a court hearing, an attorney represents the family and presents the case to the judge, resulting in the adoption decree. This is the moment when the adoptee become the permanent, legally adopted child of the adoptive parents. This process cannot occur until the adoptive parents have had the child in their home for the time determined by state statute, usually at least 6 months.
The finalization hearing, sometimes held in the judge's chambers, usually lasts less than an hour, and is attended by the adoptive parents, the child, the family's attorney, and a social worker from the child's agency. The judge may review the family's homestudy, ask questions, and generally attempt to insure that the child is being placed in a safe, loving home.
The finalization hearing, sometimes held in the judge's chambers, usually lasts less than an hour, and is attended by the adoptive parents, the child, the family's attorney, and a social worker from the child's agency. The judge may review the family's homestudy, ask questions, and generally attempt to insure that the child is being placed in a safe, loving home.
Effective February 27, 2001, U.S. citizenship confers automatically when a child is adopted from abroad by a U.S. citizen. However, there are many legal documents that must be filed and policies that must be followed throughout the process of an intercountry adoption. You may want to read the documents found at: http://www.childwelfare.gov/adoption/adoptive/considerations.cfm. This links to the Child Welfare Information League’s numerous publications on the legal aspects of adoption.
In order to complete the homestudy, you will need to provide several documents, including:
- a copy of your birth certificate obtained from the bureau of vital statistics in your state,
- a certified copy of your marriage license, if applicable
- certified copies of divorce decrees, if applicable
- birth certificates for your partner or spouse
- birth certificates for your children and adoption decrees, if applicable
- A copy of your paycheck stub, w-4 form, or completed income tax form
Most states require one or more forms of criminal clearance as part of the homestudy process, which may include:
- Federal (FBI) criminal history check
- state police criminal history check
- child abuse clearance
- domestic violence or sexual offense checks
- fingerprints
No Claim to Paternity Document
This is a document the agency (or attorney) processing an adoption will obtain from the Child Support Enforcement Bureau that discloses if any person has filed a claim to be the father of a particular child.
This petition, giving information about the adoptive parents and the child to be adopted, is filed with the court to initiate the adoption proceedings. It is the adoptive family's formal request to adopt the child. The petition must be filed within a specific time period (different in each state) soon after the child has been placed in the home. Your worker can provide information about the requirements in your jurisdiction.
May refer to either of three different legal documents.
The first is a legal document signed by the birth parents to give legal intent to their desire for the adoption of their child. It may be revoked, in some states, until the Court enters a final termination decree.
A second consent to adoption is issued by the adoption agency allowing the adoptive family to finalize the adoption after all agency and legal requirements have been met. An adoption cannot be finalized without this consent.
When a child being adopted is twelve or older, the child's consent may also be needed. This varies from state to state.
The first is a legal document signed by the birth parents to give legal intent to their desire for the adoption of their child. It may be revoked, in some states, until the Court enters a final termination decree.
A second consent to adoption is issued by the adoption agency allowing the adoptive family to finalize the adoption after all agency and legal requirements have been met. An adoption cannot be finalized without this consent.
When a child being adopted is twelve or older, the child's consent may also be needed. This varies from state to state.
The adoption decree, sometimes called adoption certificate, is the document issued by the court upon finalization of an adoption, stating that the adoptee is the legal child of the adoptive parents.
This is a birth certificate issued after a child has been adopted, similar to the original birth certificate, but reflecting the adoptive parents as the parents. An adopted child will have both an adoption certificate and a birth certificate, although he or she may have access only to the amended one.
The original birth certificate is a certified document which indicates the birth information of a person, including the birth mother's name, birth father's name if known, the date, place, and time of birth, and the name given to the child at birth. When a child is adopted, an amended birth certificate is issued.
The laws of the state in which the child was adopted determine who has access to the original birth certificate or other adoption records, and whether those records are sealed (unavailable). For information about the law in each of the 50 states and the District of Columbia, see the: http://www.childwelfare.gov/adoption/ . This links to the Child Welfare Information League’s numerous publications on the legal aspects of adoption
The laws of the state in which the child was adopted determine who has access to the original birth certificate or other adoption records, and whether those records are sealed (unavailable). For information about the law in each of the 50 states and the District of Columbia, see the: http://www.childwelfare.gov/adoption/ . This links to the Child Welfare Information League’s numerous publications on the legal aspects of adoption
To claim your adopted child or teenager as a dependent for tax purposes, the child must have a social security number. If your child already has a number when he or she is adopted, you may either keep the same number or have a new number assigned. If your child is receiving Social Security benefits, Supplemental Security Income payments, or if the child has worked, the Social Security Administration will not assign a new number, but will update the child's record. In any case, you will need to contact the Social Security Administration to be sure the number is registered correctly, reflecting you as the child's parent. To find the nearest local office, visit the Social Security Administration website at www.ssa.gov.
An open adoption agreement spells out the terms of the contact between the parties in an open adoption. An open adoption agreement can specify frequency and manner of contact between adoptive and birth families, and/or between siblings placed separately. However, while it may be drawn up in the form of a contract and signed by both parties, it is not legally binding.
For further information on the following topics you can visit the websites mentioned with each section.
For further information on the following topics you can visit the websites mentioned with each section.
For up-to-date news on changes in adoption law, visit the Dave Thomas Center for Adoption Law, at http://www.law.capital.edu/adoption/, where you can subscribe to its newsletter, The Dave Thomas Center for Adoption Law Weekly News Summary.
Information on pending federal legislation affecting children is available from the National Child Welfare Resource Center on Legal and Judicial Issues of the American Bar Association at www.abanet.org.
Information on pending federal legislation affecting children is available from the National Child Welfare Resource Center on Legal and Judicial Issues of the American Bar Association at www.abanet.org.
Adoption and Safe Families Act (ASFA)
The Adoption and Safe Families Act of 1997 (ASFA) is a federal law which was established to promote the safety, permanence, and adoption of children in foster care. ASFA amends the Adoption Assistance and Child Welfare Act of 1980 by taking further steps to promote the safety and permanence of children who have been abused or neglected.
The law limits the amount of time a child may stay in foster care by establishing shorter timelines for determining when children in foster care must have a plan for permanency. The law states that permanency court hearings must be held for children no later than 12 months after they enter foster care. The law also states that termination of parental rights proceedings must be begun for any child who has been in the care of a state agency for 15 out of the most recent 22 months. Exceptions may be made to this requirement if the child is in the care of a relative or for other compelling reasons.
ASFA also promotes interstate adoptions by prohibiting state agencies from denying or delaying a child's adoptive placement when an approved family is available outside of the child's jurisdiction. All 50 states have passed new legislation to comply with ASFA.
The law limits the amount of time a child may stay in foster care by establishing shorter timelines for determining when children in foster care must have a plan for permanency. The law states that permanency court hearings must be held for children no later than 12 months after they enter foster care. The law also states that termination of parental rights proceedings must be begun for any child who has been in the care of a state agency for 15 out of the most recent 22 months. Exceptions may be made to this requirement if the child is in the care of a relative or for other compelling reasons.
ASFA also promotes interstate adoptions by prohibiting state agencies from denying or delaying a child's adoptive placement when an approved family is available outside of the child's jurisdiction. All 50 states have passed new legislation to comply with ASFA.
Adoption Assistance and Child Welfare Act of 1980
Public Law 96-272 is The Adoption Assistance and Child Welfare Act of 1980. The Act required all states to establish an adoption subsidy program and provided federal dollars to be used as a portion of adoption subsidy payments for children who were previously eligible for Title IV-E Foster Care payments. This law made it possible for foster parents to adopt their foster children without losing the financial assistance that the child had received as a foster child, and also for low income families to adopt with the confidence that a child's needs would be provided for. The Adoption Assistance and Child Welfare Act of 1980 amended the Social Security Act.
Aid to Families with Dependent Children (AFDC)
Aid to Families With Dependent Children was a federal program that provided cash assistance (public welfare) to all needy families who met income guidelines. AFDC has been replaced by Temporary Assistance to Needy Families (TANF). Although AFDC was eliminated in 1996, eligibility for adoption assistance programs (subsidy) under Title IV-E is still determined by the states' standards of eligibility for AFDC as of June 1, 1995.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act, signed into law in 1990, prohibits discrimination on the basis of disability in programs and services provided by state and local governments and certain types of private agencies. Both public and private adoption agencies are covered by the Americans with Disabilities Act, which prohibits them from discriminating against prospective adoptive parents.
People who have a physical or mental impairment that substantially limits their activities, who have had such an impairment in the past, or who are regarded as having such an impairment are all protected under the ADA. Examples of protected impairments are visual, hearing and speech impairments, cerebral palsy, epilepsy, heart disease, cancer, diabetes, HIV-- whether symptomatic or non-symptomatic (decided by the U.S. Supreme Court in 1998), mental retardation, emotional or mental illness, and specific learning disabilities.
An excellent resource on the ADA is the booklet "Adoption and the Americans With Disabilities" by Madelyn Freundlich, published by the Child Welfare League of America in 2000, which can be ordered through the online bookstore.
People who have a physical or mental impairment that substantially limits their activities, who have had such an impairment in the past, or who are regarded as having such an impairment are all protected under the ADA. Examples of protected impairments are visual, hearing and speech impairments, cerebral palsy, epilepsy, heart disease, cancer, diabetes, HIV-- whether symptomatic or non-symptomatic (decided by the U.S. Supreme Court in 1998), mental retardation, emotional or mental illness, and specific learning disabilities.
An excellent resource on the ADA is the booklet "Adoption and the Americans With Disabilities" by Madelyn Freundlich, published by the Child Welfare League of America in 2000, which can be ordered through the online bookstore.
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA), signed into law in 1993, provides certain employees with up to 12 weeks of unpaid, job-protected leave per year, for certain family and medical reasons, including the placement of a child with an employee for adoption or foster care. Employers covered by the law include federal, state and local public agencies, schools, and workplaces with 50 or more employees. Eligible employees must have worked for that employer for at least 12 months. The law also requires that group health benefits be maintained during the leave. Visit the U.S. Department of Labor website to view the FMLA compliance guide online at http://www.dol.gov/whd/fmla/index.htm.
Hague Convention on the Protection of Children and Cooperation in Respect of InterCountry Adoption
In 1993, The Hague Convention on Intercountry Adoption established standards for intercountry adoption and accreditation of agencies participating in international adoption. Among the goals of the Hague Convention are establishing safeguards to ensure that adoptions are in the best interests of the child with respect for the child's rights as recognized by international law, to prevent the abduction, sale of, or traffic in children, and to secure recognition of adoptions made by all member nations. The Hague Convention is scheduled to enter into force for the United States in 2004.
While private agencies permit residents of other countries to adopt U.S. infants, this has not been common practice with public agencies and older children. However, this may be changing as workers make more exhaustive searches to find families for waiting children. Families involved in international adoptions may want to familiarize themselves with the Hague Conference on Private International law, at www.hcch.net.
While private agencies permit residents of other countries to adopt U.S. infants, this has not been common practice with public agencies and older children. However, this may be changing as workers make more exhaustive searches to find families for waiting children. Families involved in international adoptions may want to familiarize themselves with the Hague Conference on Private International law, at www.hcch.net.
Signed into Public Law 107-16 in June, 2000, and taking effect January 1, 2002, The Hope for Children Act is a section of the Economic Growth and Tax Relief Reconciliation Act. The Hope for Children Act increases the adoption tax credit to $10,000 for all adoptions and increases the employer adoption assistance exclusion to $10,000. Qualifying expenses include adoption fees, court costs, attorney fees, travel expenses, and other expenses related to the legal adoption of a child. The Act applies to both domestic and intercountry adoptions, but in order to claim the tax credit for intercountry adoptions, they must be finalized. The Hope for Children Act also provides a flat $10,000 credit for adoptions of children with special needs, effective as of 2003. For more information about the Hope for Children Act and other Tax Benefits, see Adoption in the Workplace.
Indian Child Welfare Act (ICWA)
The Indian Child Welfare Act is a federal law passed in 1978 that protects the rights of Native American children, families, and tribes. In accordance with this act, when placing a Native American child for adoption, preference must be given to an extended family member, a member of the tribe, or an adoptive family of Native American heritage. The tribe has the right to make decisions regarding a child's placement, which may include placing a child with non-Native Americans if there is no other resource. For more information visit the website of the National Indian Child Welfare Association at www.nicwa.org.
Interethnic Adoption Provisions of 1996
The Small Business Job Protection Act of 1996, Section 1808 is titled Removal of Interethnic Barriers to Adoption. These provisions amend the Multiethnic Placement Act of 1994 affirming and strengthening the prohibition against discrimination in adoption placements. They add to title IV-E of the Social Security Act requirements for states to make plans for compliance with the law. They also add financial penalties for non-compliance which apply both to states and to adoption agencies.
Interstate Compact on Adoption and Medical Assistance (ICAMA)
The Interstate Compact on Adoption and Medical Assistance (ICAMA) was established as a mechanism to provide that children moving across state lines have continuity of adoption assistance agreements, medical provisions, and other post-adoption services. Three quarters of all states are members of this program. There is a contact person for each of these states. For more information, visit the website of the Association of Administrators of the Interstate Compact on Adoption and Medical Assistance at http://aaicama.aphsa.org.
Interstate Compact on the Placement of Children (ICPC)
The Interstate Compact on the Placement of Children (ICPC) is an agreement by all 50 states, the District of Columbia, and the U.S. Virgin Islands, to provide a process to move children across state lines for the purpose of adoption, foster care or residential care, while protecting their safety and well-being. Every state has signed the ICPC and it is state law. The compact guarantees that each state's adoption laws and procedures are met and that the child's placement is properly managed and finalized. For more information about the ICPC, visit its website at http://icpc.aphsa.org.
Multi-Ethnic Placement Act (MEPA) of 1994
A federal law, the Multi-Ethnic Placement Act of 1994 prohibits the denial or delay of a child's placement in a home due to the child's or adoptive family's race, color, or national origin.
The law states that any person or government involved in adoption or foster care placements may not "deny to any person the opportunity to become an adoptive or foster parent, on the basis of the race, color, or national origin of the person or the child involved." The law also states that any person or government involved in adoption or foster care placements may not "delay or deny the placement of a child for adoption or into foster care, on the basis of race, color, or national origin of the adoptive or foster parent, or the child involved." In addition, the law requires child welfare service agencies to "provide for the diligent recruitment of
potential foster and adoptive families that reflects the ethnic and racial diversity of children in the State for whom foster and adoptive homes are needed."
The Multiethnic Placement Act was amended in 1996 by the addition of the Interethnic Adoption Provisions. Neither piece of legislation has any effect on the Indian Child Welfare Act of 1978.
The law states that any person or government involved in adoption or foster care placements may not "deny to any person the opportunity to become an adoptive or foster parent, on the basis of the race, color, or national origin of the person or the child involved." The law also states that any person or government involved in adoption or foster care placements may not "delay or deny the placement of a child for adoption or into foster care, on the basis of race, color, or national origin of the adoptive or foster parent, or the child involved." In addition, the law requires child welfare service agencies to "provide for the diligent recruitment of
potential foster and adoptive families that reflects the ethnic and racial diversity of children in the State for whom foster and adoptive homes are needed."
The Multiethnic Placement Act was amended in 1996 by the addition of the Interethnic Adoption Provisions. Neither piece of legislation has any effect on the Indian Child Welfare Act of 1978.
Public Law 96-272 is The Adoption Assistance and Child Welfare Act of 1980. The Act required all states to establish an adoption subsidy program and provided federal dollars to be used as a portion of adoption subsidy payments for children who were previously eligible for Title IV-E Foster Care payments. This law made it possible for foster parents to adopt their foster children without losing the financial assistance that the child had received as a foster child, and also for low income families to adopt with the confidence that a child's needs would be provided for. The Adoption Assistance and Child Welfare Act of 1980 amended the Social Security Act.
The Social Security Act of 1935 marked the beginning of the Social Security system in the United States. It has undergone many changes since 1935, and is currently the responsibility of the Social Security Administration. Adopted children may be affected by several programs under the Social Security Administration.
Supplemental Security Income (SSI) is a program that provides monthly cash benefits and, in most states, Medicaid eligibility to persons with specific, defined, handicapping conditions who have limited income and financial resources, including children. Children eligible for SSI must be significantly disabled. Examples of common diagnoses that qualify a child for SSI are Down syndrome, deafness and blindness, and cerebral palsy.
A child is entitled to Social Security Survivors Benefits if a parent dies who has worked and paid social security taxes long enough to qualify. If that child is later adopted, he or she is still entitled to the benefits. Children do not need to be disabled to receive these benefits, which continue until age 19 if the child is in school. Social Security Disability Insurance (SSDI), which is different from Supplemental Security Income (SSI), pays benefits to disabled workers (eligible because they have paid into the program with social security taxes) and their families.
The terms social service benefits or social security benefits may refer to any of a range of services, including SSI, SSDI, Survivors benefits, Medicaid, and Food Stamps. For more information, see the Social Security Administration website at www.ssa.gov.
Supplemental Security Income (SSI) is a program that provides monthly cash benefits and, in most states, Medicaid eligibility to persons with specific, defined, handicapping conditions who have limited income and financial resources, including children. Children eligible for SSI must be significantly disabled. Examples of common diagnoses that qualify a child for SSI are Down syndrome, deafness and blindness, and cerebral palsy.
A child is entitled to Social Security Survivors Benefits if a parent dies who has worked and paid social security taxes long enough to qualify. If that child is later adopted, he or she is still entitled to the benefits. Children do not need to be disabled to receive these benefits, which continue until age 19 if the child is in school. Social Security Disability Insurance (SSDI), which is different from Supplemental Security Income (SSI), pays benefits to disabled workers (eligible because they have paid into the program with social security taxes) and their families.
The terms social service benefits or social security benefits may refer to any of a range of services, including SSI, SSDI, Survivors benefits, Medicaid, and Food Stamps. For more information, see the Social Security Administration website at www.ssa.gov.
State statutes are provisions enacted by State legislatures that regulate the way an issue is handled in that state. For the most part, adoption issues are subject to State laws and regulations, which may come either from state statutes or state case law (laws resulting from decisions of judges on court cases). State adoption statutes are included in the legal code of each state. Some are also available in the Laws section of National Adoption Information Clearinghouse website at www.calib.com/naic/laws/.
vTemporary Aid to Needy Families (TANF)
Temporary Aid to Needy Families was created by the Welfare Reform Law of 1996, becoming effective in 1997 and replacing Aid to Families with Dependent Children (AFDC), commonly known as welfare. Temporary Assistance for Needy Families (TANF) provides for assistance and work opportunities for needy families by granting federal funds to states, territories, and tribes, and giving them wide flexibility to develop their own welfare programs. The law limits the period of time an individual can receive financial assistance to five years, during the person's lifetime. The law also tightens rules determining whether children with disabilities qualify for Supplemental Security Income, ruling out behavior problems as grounds for qualifying.
Title IV-E refers to the Title IV-E section of Public Law 96-272, The Adoption Assistance and Child Welfare Act of 1980, which provides for adoption assistance payments for eligible children. To qualify for Title IV-E adoption assistance programs, a child must be considered to have special needs by state definition, and must have been eligible, before adoption, for either Aid to Families with Dependent Children (AFDC), or for Supplemental Security Income (SSI). Although AFDC was eliminated in 1996 and replaced by Temporary Aid to Needy Families (TANF), eligibility for Title IV-E is still determined based on the states' AFDC standards as of June 1, 1995.
Children who qualify for Title IV-E assistance are automatically eligible for federal Medicaid benefits and the child's state of residence is required to provide them. States may also choose to provide Medicaid coverage for children who do not qualify for the federal program, through state funded Title IV-B programs.
Children who qualify for Title IV-E assistance are automatically eligible for federal Medicaid benefits and the child's state of residence is required to provide them. States may also choose to provide Medicaid coverage for children who do not qualify for the federal program, through state funded Title IV-B programs.
Title XX of the Social Security Act funds a range of services, including adoption, day care, foster care, child protective services, health related services, and disability services. The funds are used to support state and local programs as well as non-profit programs and services. The act also specifies that states are allowed to use the funds for administration, staff training, and case management directly related to the services funded.
Title XX Social Services is a block grant of money from the federal government to state governments. In some states, the money is passed from the state level to the county level, to local governments, or to non-profit service providers. It was once common practice for states to provide direct services to adoptive families from this money, but at present adoptive families, just like any other families, have access to these funds through other state provided services, such as day care or respite care.
Title XX Social Services is a block grant of money from the federal government to state governments. In some states, the money is passed from the state level to the county level, to local governments, or to non-profit service providers. It was once common practice for states to provide direct services to adoptive families from this money, but at present adoptive families, just like any other families, have access to these funds through other state provided services, such as day care or respite care.