Federal Adoption Laws: Adoption Laws by State

By Power of Attorney on May 20, 2012 in Adoption Law

Adoption laws may differ by state, but there are certain adoption laws that each state must abide by in order to comply with the federal government.

Federal adoption laws are many in number, but here are a few of the more important ones which are incorporated by individual states in order to provide for safe and secure adoptions for all parties involved:

Adoption Assistance & Child Welfare Act

Introduced in 1980, this was a major step in federal adoption laws, as this act provided programs to help birth mothers, adoptive families, and children who need medical assistance, financial aid, and counseling.

This act was also one of the first in introduce federal legislation to prevent child abuse, and to allow state adoption laws to give out identifying information to adoptive parents and children, if the birth mother chooses to do so.

Adoption & Safe Families Act

In 1997, this act was included in federal adoption law in order to focus on making adopted child placement a permanent process.

This was done to counter the trends of adopted children bouncing from one foster home to the next, and to encourage the idea that adopted children have as much right to a loving and nurturing family as biological children.

2000 Children’s Health Act

In a major revision of federal adoption laws, which was made mandatory in adoption laws in all states, programs and financial aid must be made available to adopted children with special needs – be they medical, physical, or developmental.

Adam Walsh Child Protection & Safety Act

This law requires that adopted children, and children placed with agencies or foster homes, are fingerprinted in order to safeguard against abuse, neglect, abduction, and other crimes that focus on adopted children as the victims.

2008 Fostering Connection to Success & Increasing Adoptions Act

This federal adoption law focuses on supporting older adopted children; improved upon existing health services for adopted children in each state; offers incentives to adoptive families to make an adoption a permanent act; as well as expanding the resources for Native American Indian resources.

In addition to this, the act requires state adoption law and services to provide educational assistance and stability so that adopted children have better opportunities in school.

The above are some of the major federal adoption laws which must be recognized by each state.

However, individual state adoption laws differ widely outside of federal legislation, so it is always wise to research our own state’s adoption laws, or consult with an adoption law attorney.

Gay Adoption Rights

One of the hottest issues regarding adoption law over the past few years has been the right for gay and lesbian adults to adopt children.

While there is no over-arching federal adoption law that allows for GLBT adoption, there are a growing number of states which provide for gay households who want to adopt.

The following states (in alphabetical order) have adoption laws that allow gay, lesbian, and overall GLBT adoption:

Colorado
Connecticut
Delaware
District of Columbia (Washington D.C.)
Georgia
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Missouri
Montana
Nevada
New Hampshire
New Jersey
New York
North Carolina
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

LGBT Adoption Laws in the United States

LGBT Adoption Laws in United States

Note:

Keep in mind that the adoption laws in individual states are constantly being reviewed and revised, and with many states erring on the side of civil rights progress, you can expect to see even more states including gay adoption under their state adoption laws.

As always, it is best to contact your state health and child welfare offices regarding adoption law, or to consult with an adoption law attorney who specializes in civil rights.