Adoption laws

There is great variety among states regarding adoption laws, perhaps due to the very personal nature of these laws. A long legal tradition did not surround family law, and as state governments began to take responsibility for regulating family relationships, they tended to develop very unique and regional variations on aspects of family law, including adoption. These variations spawned difficult legal conflicts as modern families grew more mobile, and these conflicts gave rise to the desire to standardize laws among the states into Model Acts and Uniform Laws. Although the need for adoption standardization is strong to date, only eight states have adopted the Uniform Adoption Act.

Any adult may adopt any other person with only minor logical restrictions. A married person must apply for adoption jointly with his or her spouse, for example, and, if the child in certain states is over the age of ten, twelve, or fourteen, the state will require his or her consent as well (except in Louisiana and Wisconsin, where the child's consent is not required). "Objective" standards, like Hawaii's requirement of a "proper" adopter, or Illinois's "reputable" one, and Virginia's "natural" one, also are present, as are specific requirements, for example, that the adopter be at least ten years older than the adoptee. Sometimes the adoptee must be a minor. In Florida homosexuals are, from the face of the statute, specifically excluded from adopting; it is unclear whether terms such as "proper," "reputable," or "natural" refer to a prospective parent's sexual orientation.

In general, family laws are changing as society's value system changes and is scrutinized. In the area of adoption, there is a growing trend to recognize the rights and opinions of children at younger ages, and to recognize the rights of non-traditional individuals. Indeed, same-sex couples are recognized as adoptive parents in a number of states. Also, some states appear headed in the direction of "open" adoption, whereby any individual may adopt any other individual for any reason.

Federal law has preempted the entire scope of the laws of adoption regarding Native Americans, provoking controversy over a non-Native American family's ability to adopt a Native American. In 1991, when a member of the Aleut tribe had a baby out of wedlock, a non-Native couple living in Vancouver, British Columbia, adopted the child. The tribe sued for custody of the child and won the right to intervene in the adoption by claiming that they had a vital interest in preserving the child's Indian heritage. The California court upheld the tribe's right to intervene, but in the child's interest let her remain with her adoptive parents because she had been living with them for nearly two years.

Table 23: Adoption

State/Code Section; Uniform Act	Who May Be Adopted	Age that Child's Consent Needed	Who May Adopt	Adoptive Home Residency Prior to Decree	State Agency/Court	Statute of Limitation to Challenge
FEDERAL 25 U.S.C. §§1901, et seq.; Indian Child Welfare Act			Placement preferences		Indian Tribe exclusive jurisdiction/Tribal	2 years (unless otherwise permitted under state law)
ALABAMA 26-10A-1 to 26-10A-38; No	(1) Any minor (2) Any adult under following conditions: (a) He or she is permanently disabled (b) He or she is determined to be mentally retarded	14 years and older unless adoptee does not have mental capacity to give consent	Any adult person or husband and wife jointly; no rule or regulation of Department of Human Resources shall prevent adoption by single person solely because of a certain age; or by a person because he or she works outside the home.	60 days, unless waived by court when good cause is shown	Dept. of Human Resources/Probate Court	1 year
ALASKA 25.23.010 to 25.23.240; Yes	Any person	10 years and older unless court dispenses with minor's consent in minor's best interest	Husband and wife together; unmarried adult, including father or mother of person to be adopted; married person without other spouse joining, if other spouse is not person to be adopted, and other person is parent of adoptee and consents to adoption or consent is excused by court or spouses are legally separated.	Yes, but no specified length of time required	Health & Social Services/Superior, Juvenile Division	1 year

Table 23: Adoption—Continued

State/Code Section; Uniform Act	Who May Be Adopted	Age that Child's Consent Needed	Who May Adopt	Adoptive Home Residency Prior to Decree	State Agency/Court	Statute of Limitation to Challenge
ARIZONA 8-101 to 8-145; No	Any child under 18 years of age or foreign born person under age 21 who is not illegal alien; any adult person who is a stepchild, niece, cousin, nephew, or grandchild of the adopting person; an adult who was placed in the care of the adopting parent as a foster child as a juvenile. §8-132	12 years and older in open court	Any adult resident of the state is eligible to adopt; husband and wife may jointly adopt children. Adults may adopt adult relatives.	No	Economic Security/Superior, Juvenile Division	1 year
ARKANSAS 9-9-201 through 9-9-508; Yes	Any person	10 years and older unless court dispenses with minor's consent in minor's best interest	Husband and wife together, unmarried adult, unmarried parent of child, single married parent of child if other parent consents or they are legally separated	6 months	Human Services/Probate Court	1 year
CALIFORNIA Family §§8500-9340; No	Any unmarried minor child at least 10 years younger than prospective adoptive parent or parents; any married minor or adult	12 years and older	Any adult; must be 10 years older than child unless stepparent, sister, brother, aunt, uncle, or first cousin and court approves	No	State Department of Social Services/Superior	On any grounds except fraud: 1 year; fraud: 3 years

Table 23: Adoption—Continued

State/Code Section; Uniform Act	Who May Be Adopted	Age that Child's Consent Needed	Who May Adopt	Adoptive Home Residency Prior to Decree	State Agency/Court	Statute of Limitation to Challenge
COLORADO 14-1-101; 19-5- 200.2 to 304; No	Any child under 18 years (age 18–21 upon court approval may be adopted as a child); any adult	12 years and older	Minor with court approval or any person over 21. Married person must petition jointly with spouse unless such spouse is natural parent of or has previously adopted child or is legally separated	No	Social Services/Juvenile	Jurisdictional or procedural defect: 90 days; in stepparent adoption, fraud upon court or party: 1 year
CONNECTICUT 45a-724 to 765; No	Any person (except between persons over age of majority, there must be written consent of spouses if any of adopted person)	12 years and older	Married persons must join in adoption unless court finds sufficient reason for nonjoinder; sexual orientation of prospective parents may be considered	No	Children and Youth Services/Probate Court	Not specified
DELAWARE Tit. 13, §§901 to 965; No	Any person	14 years and older, unless court waives consent in best interest of child	Unmarried person; divorced or legally separated person; husband and wife who are living together. Must be legal resident of Delaware and over 21.	6 months	Dept. of Services for Children, Youth & Families/Family	6 months
DISTRICT OF COLUMBIA 16-301 to 315; No	Any person	14 years and older	Any person, provided spouse (if any) joins in petition unless spouse is natural parent of adoptee and consents thereto.	6 months	Mayor or licensed agency/Superior Court of the District of Columbia	1 year
FLORIDA §§63.022-63.301; No	Any person	12 years and older unless court dispenses with consent in best interest of the child	An unmarried adult who is not homosexual. Married person must be joined by spouse unless such spouse is parent and consents, or failure to join in consent is excused.	90 days	Dept. of Health & Rehabilitative Services/Circuit	1 year

Table 23: Adoption—Continued

State/Code Section; Uniform Act	Who May Be Adopted	Age that Child's Consent Needed	Who May Adopt	Adoptive Home Residency Prior to Decree	State Agency/Court	Statute of Limitation to Challenge
GEORGIA 19-8-1 to 26; No	Any child 10 years younger than petitioner; any adult who gives written consent.	14 years and older	Any adult at least 25 years of age or married and living with spouse and bona fide resident for 6 mos. prior to filing petition; must be ten years older than adoptive child.	No	Dept. of Human Resources/Superior Court in county	Not specified
HAWAII 578-1 to 17; No	Any person	10 years and older; if married adult, consent of spouse also	Any proper adult person, not married, or married to legal parent of minor, or husband and wife jointly.	No	Human Services/Family	1 year
IDAHO 16-1501, et seq.; No	Any child; with consent of parents, if living; any adult where the person adopting has sustained relation of parent.	12 years and older	Any adult resident of Idaho for at least 6 consecutive mos. prior to filing who is either 15 years older than child or 25 years of age or older; except spouse of natural parent or person adopting adult who has shown a substantial relationship as a parent has been maintained in excess of 1 yr. may adopt without above age restriction. No married person can adopt without consent of spouse.	No	Dept. of Health & Welfare/Magistrate's Division or District	6 mos. except for fraud
ILLINOIS 750 ILCS 50/1 to 50/24; No	Any child; any adult residing in home 2 years, or a relative.	14 years and older	Any reputable person of legal age who has resided continually in Illinois for at least 6 months. Residency requirement waived in adoption of relative. If petitioner is married, husband or wife must join in petition. Minor may also petition by leave of court upon good cause shown.	6 months unless waived by court	Department of Children and Family Services/Circuit Court	1 year after entry of order
INDIANA 31-19-1-1, et seq.; No	Any person	14 years and older	Any resident of state. If married, spouse must join. Spouse must consent if such spouse is natural or adoptive parent. Nonresidents of state may adopt hard to place child as defined in §31-19-2-3.	Period of supervision within sole discretion of court hearing adoption petition	Public Welfare/Probate (in counties with one)	6 mos. after entry or decree or 1 yr. after adoptive parents obtain custody, whichever is later

Table 23: Adoption—Continued

State/Code Section; Uniform Act	Who May Be Adopted	Age that Child's Consent Needed	Who May Adopt	Adoptive Home Residency Prior to Decree	State Agency/Court	Statute of Limitation to Challenge
IOWA 600.1, et seq.; No	Any person	14 years and older	Unmarried adult; husband and wife together; husband or wife separately under certain circumstances.	180 days; may be shortened for good cause	Human Services/Juvenile or district	Not specified
KANSAS 59-2111, et seq.; No	Any person; adult with consent (if married, spouse's consent also)	14 years and older and of sound intellect	Any adult, or husband and wife jointly, except one spouse cannot adopt without consent of other.	Not required	Social & Rehabilitation Services/District	Not specified
KENTUCKY 199.470; No	Any person	12 years and older	Any person over 18 who is a resident of or who has resided in Kentucky for 12 months immediately preceding filing. Husband and wife must petition jointly (except in certain circumstances).	In some adoptions, 90 days prior to filing adoption petition; temporary custody pending decision in some cases.	Cabinet for Families and Children/Circuit	1 yr.; unless ethnological ancestry difference: then 5 years
LOUISIANA Ch. C. Art. 1167-1270; No	Any child or adult; Special procedures exist to adopt adult.	Not required	Any single person 18 years of age or older, or married couple jointly.	1 year/6 mos.	Dept. of Social Services/Juvenile	30 days; 6 mos. for fraud or duress
MAINE Tit. 18A §9-101, et seq.; No	Any person, minor or adult; only a minor can be placed under guardianship	14 years and older	Husband and wife jointly, unmarried person, resident or non-resident.	1 year may be required at discretion of court	Human Services/Probate	Not specified
MARYLAND Fam. Law §5-301, et seq.; No	Any person	10 years and older if the natural parents' rights have been terminated	Any adult, even though single or unmarried. Court cannot deny petition just because petitioner is single. Married persons must act jointly unless legally separated or if one spouse is natural parent of adoptee or spouse is incompetent.	Not required	Social Services Administration/Circuit or Equity	1 year

Table 23: Adoption—Continued

State/Code Section; Uniform Act	Who May Be Adopted	Age that Child's Consent Needed	Who May Adopt	Adoptive Home Residency Prior to Decree	State Agency/Court	Statute of Limitation to Challenge
MASSACHUSETTS Ch. 210; No	Any person younger than adopter; special requirements are needed for child under age 14.	12 years and older	Any person of full age, his spouse joining, may, subject to certain exceptions, petition to adopt any person younger than himself (other than petitioner's spouse, brother, sister, aunt, or uncle of whole or half blood).	6 months if adoptee is under 14 unless requirement waived	Social Services/Probate	120 days for appeal; may only be made by a parent
MICHIGAN MCLA §710.21, et seq.; No	Any person	14 years and older	Any person; if married, spouse must join.	6 months, unless waived by court	Family Independence Agency/Family Division of Circuit	21 days from entry of order or denial of petition for rehearing
MINNESOTA 259.20, et seq.; No	Any person	14 years and older	Any person who has resided in the state for more than one year, unless length of residence is reduced to 30 days in child's best interest or waive it altogether.	3 months; may be waived by court	Human Services/Juvenile	Not specified
MISSISSIPPI 93-17-1, et seq.; No	Any person	14 years and older	Any unmarried adult, or husband and wife jointly. Must be Mississippi resident for 90 days preceding filing except under certain circumstances; couples of the same gender are prohibited from adopting.	6 months; waiting period may be shortened if child resided in adoptive home prior to entry of interlocutory decree or is stepchild of petitioner.	Dept. of Human Services/Public Welfare/Chancery	6 months to challenge interlocutory decree; or 6 mos. from date of final decree
MISSOURI 453.010, et seq.; No	Any person	14 years and older	Court may order joinder for spouse of petitioner.	6 months, may be waived by court in certain circumstances	Social Services, Family Services Division/Juvenile Div. of Circuit Court	1 year
MONTANA 42-2-101, et seq.; Yes	Any person	12 years and older	Unmarried person who is at least 18 yrs. old. Husband and wife jointly or may adopt separately when one spouse is a parent of the child.	6 months	Department of Public Health and Family Services/District or Tribal	Not specified

Table 23: Adoption—Continued

State/Code Section; Uniform Act	Who May Be Adopted	Age that Child's Consent Needed	Who May Adopt	Adoptive Home Residency Prior to Decree	State Agency/Court	Statute of Limitation to Challenge
NEBRASKA 43-101 to 43-160; No	Any child.	14 years and older	Any adult person may adopt minor child; adult child may be adopted by spouse of such child's parent. Husband and wife must jointly adopt child, unless he or she is parent of child.	6 months (except in adoptions of adult child)	Department of Social Services/County	2 years
NEVADA 127, et seq.; No	Any person (consent of spouse required for adult persons)	14 years and older	Minor: Any adult who is 10 years older than adoptee. If petitioner is married, spouse must join. Must have resided in state during 6 months preceding adoption. Adult: Any adult may adopt younger adult except spouse.	6 months	Human Resources, Division of Child and Family Services/District	Not specified
NEW HAMPSHIRE 170-B, et seq.; No	Any person	12 years and older	Any person age 18 or older may petition to adopt any other individual except his or her spouse. Failure to join spouse to petition must be excused (unless other spouse is parent of person to be adopted and consents to adoption).	6 months	Dept. of Health and Human Services/Probate	1 year
NEW JERSEY 9:3, et seq. (minor); 2A:22-1 et seq. (adult); No	Any person. If adult adoption, must be 10 years younger than petitioner	10 years and older (to be given consideration)	Any person of at least 18 yrs. If petitioner is married, spouse must consent or application may be made jointly. Court may waive any of these requirements for good cause.	6 months	Human Services/Superior, Chancery Division, Family Dept.	Not specified
NEW MEXICO 32A-5-1, et seq. (minor); 40-14-1 thru 15 (adult); Yes	Any person; any adult with his consent	10 years and older	Any individual approved by the court as a suitable adoptive parent. If petitioner is married, spouse must join unless natural parent of adoptee or legally separated or excused from joining by court. Nonresidents may adopt if adoptee is resident or was born in state, is less than 6 mos. old and was placed by agency licensed in state	60 days if less than one year old when placed; 120 days if more than one year old when placed (unless waived).	Children, Youth and Families Dept./District Children and Court Division	1 year (except where Indian Child Welfare Act of 1978 prevails)

Table 23: Adoption—Continued

State/Code Section; Uniform Act	Who May Be Adopted	Age that Child's Consent Needed	Who May Adopt	Adoptive Home Residency Prior to Decree	State Agency/Court	Statute of Limitation to Challenge
NEW YORK Dom. Rel. §109-117; Yes	Any person	14 years and older.	Adult unmarried person or adult husband and wife together unless legally separated pursuant to decree or for at least 3 yrs. prior to filing. Adult or minor husband and wife, together or separately, may adopt child either born in or out of wedlock.	3 months; may be waived by judge	As defined by social services law/Family	Not specified.
NORTH CAROLINA §48-1-100, et seq.; No	Any person; any adult with his consent; spouses may not adopt each other	12 years and older	Any adult person over 18 yrs. old or husband and wife jointly or one spouse gives consent, only one unmarried person may file. Must have resided in North Carolina for six months next preceding filing of petition. Residency requirement waived under certain circumstances.	At least 90 days	Health and Human Services/Superior	6 months
NORTH DAKOTA 14-15-01, et seq.; Yes	Any person	10 years and older	Unmarried adult or parent of child to be adopted. Husband and wife jointly unless legally separated or excused.	6 months	Human Services/District	1 year
OHIO 3107.01, et seq.; Yes	Any child; certain adults only.	12 years and older	Unmarried adult; unmarried minor parent of adoptee; husband and wife (at least one of whom is adult) together, unless legally separated or under certain other circumstances.	6 months	Human Services/Probate	1 year
OKLAHOMA Tit.10 §7501-1.1, et seq.; No (but some section incorporated)	Any person; any adult with his consent	12 years and older.	Husband and wife, or either if other spouse is parent of child; unmarried person 21 years or older; married person 21 years or older who is legally separated from spouse.	6 months, discretionary	Department of Human Services/District	1 year
OREGON 109.304, et seq.; No	Any person; any adult who consents	14 years and older	Any person who is a resident of Oregon for 6 months. If petitioner is married, spouse must join. Compliance with Indian Child Welfare Act required if applicable.	Not required	Dept. of Human Services/Probate or Circuit	1 year

Table 23: Adoption—Continued

State/Code Section; Uniform Act	Who May Be Adopted	Age that Child's Consent Needed	Who May Adopt	Adoptive Home Residency Prior to Decree	State Agency/Court	Statute of Limitation to Challenge
PENNSYLVANIA Tit. 23 §§2101 to 2910; No	Any person	12 years and older	Any person	Not required, but may do temporary placement	Pennsylvania Adoption Cooperative Exchange (PACE) in Dept. of Public Welfare/Common Pleas	Not specified
RHODE ISLAND 15-7-2, et seq.; No	Any person	14 years and older	Any person residing in state may adopt any person younger than himself. If petitioner is married, spouse must join; however, requirement may be waived if it can be shown adoption would be in child's best interest. Nonresident may petition under certain circumstances.	6 months, but court may waive for good cause	Child Welfare Services Dept. for Children and their Families/Family (adults-Probate)	180 days
SOUTH CAROLINA 20-7-1646 to 1890; No	Any child present in state; any adult	14 years and older	Any South Carolina resident may petition court to adopt child. Nonresidents may apply in exceptional circumstances. Any adult person may adopt any other adult person.	90 days	State Dept. of Social Services/Family	Relief may be granted after duty of decree only for extrinsic fraud
SOUTH DAKOTA 25-6-1, et seq.; No	Any person	12 years and older	Any adult person may adopt any child at least 10 years younger. Any adult may adopt another adult with the latter's consent. Spousal consent required.	6 months	Social Services/Circuit	2 years, except for fraud
TENNESSEE 36-1-101, et seq.; No	Any person	14 years and older	Any person over 18 years of age who has been Tennessee resident for 6 months. Residency requirement may be waived under certain circumstances. Spouse shall join in petition if competent (unless natural parent of child to be adopted)	1 year	Children's Services/Chancery or Circuit	1 year
TEXAS Fam. Ch. 162.D01; No	Any person	12 years and older	Any adult. If petitioner is married, spouse must join. (unless one is parent of child)	6 months (may be waived)	Human Services/District	6 months

Table 23: Adoption—Continued

State/Code Section; Uniform Act	Who May Be Adopted	Age that Child's Consent Needed	Who May Adopt	Adoptive Home Residency Prior to Decree	State Agency/Court	Statute of Limitation to Challenge
UTAH 78-30-1, et seq.; No	Any child 10 years younger than petitioner; any adult	12 years and older	Any adult. Must have consent of spouse if married. A single person who is "cohabitating" and involved in a sexual relationship without being married may not adopt.	6 months; 1 year for adoptive stepparents	Child and Family Services/District or Juvenile	Cannot be contested after entry of final adoption decree
VERMONT Tit.15A §§1-101, et seq.; No	Any person; if adult, must have his and any spouse's consent	14 years and older	Any person. If petitioner is married, spouse must consent. Parent and partner may adopt if in best interest of the child.	180 days	Social & Rehabilitation Services/Probate	Not specified
VIRGINIA 63.2-1200, et seq.; No	Any child; adult under certain conditions	14 years and older	Any natural person may petition to adopt minor child. If petitioner is married, spouse must join. Any natural person may adopt another adult under certain conditions.	6 months (may be omitted by court)	Public Welfare or Social Services/Circuit	6 months
WASHINGTON 26.33.140; No	Any person	14 years and older	Any legally competent person, 18 years of age or over.	Not required	Social & Health Services/Superior	1 year
WEST VIRGINIA 48-22-101, et seq.	Any person	12 years and older	Any person not married or any person with his or her spouse's consent or husband and wife jointly.	6 months	Department of Human Services/Circuit	6 months
WISCONSIN 48.81, et seq.; 882.04; 808.04(7); No	Any person minor; adult	No child's consent required; however, minors 12 and older must attend hearing unless court orders otherwise.	Unmarried adult, husband and wife jointly, spouse of minor's parent may adopt minor. Must be Wisconsin residents and (if practicable and if requested by birth parent) of same religion as adoptee's natural parents. Any resident adult may adopt any other adult.	6 months	Department of Health & Social Services/Circuit	40 days
WYOMING 1-22-101; et seq.; No	Any person	14 years and older	Any adult person who has resided in state during 60 days immediately preceding filing of petition and who is determined by court to be fit and competent to be a parent.	6 months	Department of Family Services/District