Adoption Laws

The primary source of adoption laws in the U.S. is the federal legislation. Additionally, different states possess their own legal and administrative procedures related to adoption process. However, the state laws must comply with the federal adoption laws to be eligible for federal funding. The federal legislation provides both for domestic and international adoption.

The landscape of federal adoption laws was formed with the introduction of Child Abuse Prevention and Treatment Act (CAPTA) in 1974. Major provisions of CAPTA were related to identifying, preventing and treating child abuse and neglect. As per the act, federal financial assistance is available for demonstration programs that entertain the aforementioned aspects.

In order to improve provisions of CAPTA with regard to adoption laws, Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 was introduced in the U.S. Congress. This act had provisions to ensure healthy development of children placed in adoptive homes. Adoption laws introduced via the reforms focused specially on adoption of children with special needs, establishing a national adoption information exchange system and ensuring quality standards in adoptive placements. In the same year, Indian Child Welfare Act of 1978 was also incorporated into the sources of adoption law. The provisions of this act were mainly to establish the standards for adoption placement of Indian children in foster and adoptive homes.

Following these initial introductions of adoption laws, a number of acts were passed by the U.S legislature. These enforced amendments to the early adoption laws, ensuring better standards of living, prevention of abuse and ethnic discrimination, and avenues for financial and social support for families involved in adoption. To promote the adoption of children in foster care, Adoption and Safe Families Act of 1997 was enacted in November 1997. This act facilitates provision of financial rewards for states that promote adoption, acceleration of permanent placements and established measures to monitor and evaluate state performance with regard to adoptions. The latest addition to the sources of adoption law is, Fostering Connections to Success and Increasing Adoptions Act of 2008. The noteworthy provisions in this act are: extensions to Adoption Incentive Program through fiscal year 2013 and including regulations for tribal foster care and offer adoption funds for federally recognized Indian Tribes, Tribal Organizations and Tribal consortia.

International adoption laws are mainly governed by the Intercountry Adoption Act of 2000. Enacted in October 2000, this act provides for implementation of the Hague Convention on Protection of Children and Cooperation in Respect for Intercountry Adoption.

State adoption laws, although, must comply with the federal adoption laws, may have additional requirements that parties must meet with in cases of child adoption, protection and welfare. These requirements may be unique to one state, as they are interpreted and enforced by state statutes. Therefore, it is very important that these policies are strictly adhered to under all circumstances. It is advisable to consult legal professional closest to your area to be aware of regulations and state procedures if you are considering child adoption.