Child Adoption Requirements: Can Anyone Adopt A Child?

For aspiring parents, starting the process of child adoption can be a long and challenging road. Those contemplating child adoption or who have made the decision to adopt may wonder if there are specific laws or requirements for adoption based on age, race, ethnicity, religion, or sexual orientation.

Generally speaking, any legal adult who is determined to a “fit parent” may adopt a child, but there are some special requirements in certain states. Some states require that the adoptive parent must be a certain number of years older than the child they are adopting.

Other states have residency requirements, meaning a prospective parent must be a resident of the state in which they wish to adopt for a certain period of time before beginning the process.

It’s also important to know that adoption agencies can (and frequently do) impose additional rules and requirements on prospective parents before and during the child adoption process.
 

Parents of Different Race or Ethnic Background

There is no legal requirement that adoptive parents need to be the same race as the child they are adopting. With that said, the reality of the matter is that child adoption agencies (and some states) often do give preference to prospective parents of the same race or ethnic background of the child.

Adoptions of Native American children are governed by a federal law — the Indian Child Welfare Act — that outlines specific rules and procedures that must be followed when adopting Native American children.
 

Gay and Lesbian Parents

Currently, two states — Florida and Utah — specifically prohibit gay and lesbian couples from child adoption. While it may be technically legal in the rest of the country, the sad truth is that gay and lesbian couples often face a very difficult road when seeking to adopt.

Success is often heavily dependent on the state and/or agency a couple is working with, and it’s possible that a judge will block an adoption based solely on sexual orientation.

The good news, however, is that child adoption by same-sex couples is on the rise overall. The best advice for aspiring same-sex parents is to consult a family law attorney early in the process. A good attorney can provide insight and guidance that can be the difference between a successful or unsuccessful child adoption process.
 

Child Adoption by Single Adults

Single adults often have an even harder time with child adoption than same-sex couples. Most single adults interested in child adoption have to wait significantly longer and be much more flexible about the child they adopt.

It’s very common for child adoption agencies to “reserve” healthy babies and infants for “traditional” two-parent families. This moves single adults to the very bottom of the waiting list, and the birth parents themselves may even be pushing for a two-parent home.

Agencies serving children with special needs may be a good option for single adults, because they often cast a wider net when considering adoptive parents. Being flexible about choices will make it easier to overcome the resistance to single-parent adoptions.
 

”Best Interest” Requirements

One of the most controversial and often frustrating aspects of child adoption is due to every state’s legal mandate to consider the “best interests of the child” when placing them with an adoptive family.

Many state courts or agencies will use the “best interests” argument to judge a prospective adoptive parent or couple according to preconceived biases about who makes a good or a fit parent.

This argument is often used to prevent prospective parents who belong to any of the previously mentioned groups from adopting. It may also be used to exclude parents over a certain age or religious background from adopting as well.
 

What “Non-Traditional” Parents Can Do

As difficult as it may be to accept, the reality is that many perfectly qualified couples or single adults who would otherwise make excellent adoptive parents are prevented from child adoption due to preconceived notions and bias in state courts and child adoption agencies.

The best way to combat this prejudice is for any couple interested in adoption to know the laws in their particular state, be prepared to defend themselves in court and/or with an agency, and to have legal representation ready if the process goes sideways.