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ADOPTION
All about who can adopt, who can be adopted, and what goes into the adoption process.
ADOPTION IN THE WEST
Alaska:
In Alaska, any person may be adopted. A husband and wife, an unmarried adult, or an unmarried father or mother of the person to be adopted may adopt. A married person can petition to adopt a child without the other spouse joining as petitioner. Proceedings are generally brought in the superior court for the district in which the petitioner of the person to be adopted resides. Consent is needed from the biological mother and father of the child, if the father was married to the mother, any person lawfully entitled to custody of the minor, the minor if they are at least 10 years old, and the spouse of the minor to be adopted, if it applies. Not required to consent includes a parent who abandoned the child for at least 6 months or a parent of a child who has custody of a second child, but hasn't created a meaningful/communicative relationship with the first child. Consent to the adoption must be executed in court. Consent to the adoption may not be withdrawn after the decree of the adoption.
California:
Any person may be adopted in California. A prospective adoptive parent must be at least 10 years older than the person being adopted. Consent is needed from the child if they are 12 years old or older. A married person, not lawfully separated from their spouse, may not adopt a child without the consent of the spouse. A child with a presumed biological father may not be adopted without the consent of the child's birth parents. Consent of a birth parent is not needed when the birth parent has been judicially deprived of the custody/control of the child. After the decree of adoption has been passed, the adopted child and the adoptive parent(s) shall sustain the legal relationship of parent and child towards each other.
Colorado:
The adoption process must take place in the county where either the child or the petitioner lives. Parental rights of both biological parents must be terminated before the process of adoption may move forward. If the termination is involuntary, it must be proven to the court that the biological parents are unfit. Any person under 21 years of age may be adopted in Colorado. Children that are 12 years old or older must consent to the adoption going through. Any adult over the age of 21 may adopt, provided that they are at least ten years older than the child.
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Hawaii:
Any adult may adopt a child in the state of Hawaii. Minors can always be adopted, and people over the age of 18 may be adopted in special circumstances. Consent must be gained from the child if they are ten years old or older. Consent must be gained from both biological parents, to terminate parental rights. If the biological parents have abandoned the child, they waive their parental rights. A Guardian Ad Litem may be appointed to the the child, in order to guide them through the adoption process/make decisions on their behalf.
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Idaho:
Minors in Idaho are always able to be adopted. Adults may be adopted in cases where they are adopted by someone biologically related to them. Adoptions can not be denied due to disabilities of the prospective adoptive parent. The adoption process must start with the prospective adoptive parent(s) filing for adoption in the county where they live. Consent must be given by both biological parents in writing, except in cases where the biological parents have abandoned the child and are unable to be found.
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Montana:
The most important adoption precedent in Montana is the idea that adoption must be done in order to provide the child with a stable, secure home to grow up in. All decisions must be made in the best interest of the child. The petition for adoption must be filed in either the county where the child to be adopted resides or the county where the potential adoptive parent(s) reside. Any adult, married or unmarried, may adopt in Montana. Biological parents are required to give consent to the adoption, but are also allowed the right to privacy during the process of adoption, in terms of the decisions they make.
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Nevada:
Any minor child in Nevada may be adopted. Children who are 14 years old or older must consent to the adoption taking place. Any adult, married or unmarried, may adopt a child. However, if married, both spouses must consent to adopting the child. Consent to the adoption is needed by both biological parents, if they are alive. A Guardian Ad Litem may be appointed to the the child, in order to guide them through the adoption process/make decisions on their behalf.
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Oregon:
Any minor child may be adopted in Oregon. Adults may be adopted here under special circumstances, such as a relative adopting an adult. Any adult may adopt in Oregon, as long as it is in the best interest of the child. Adoptions are permanent and can not be reversed, as a new birth certificate will be created after the adoption has gone through. Consent is needed from both biological parents before the adoption process can proceed.
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Utah:
Making sure the adoption is in the best interest of the child is the primary role of the courts during the adoption process. Unmarried, single adults and married adults may adopt in Utah. The prospective adoptive parents must file the petition for adoption in either the county in which they reside or in the county the child to be adopted resides. Consent is needed from both biological parents in order for the adoption to proceed. Consent is also needed from children ten years old or older. A Guardian Ad Litem may be appointed to the the child, in order to guide them through the adoption process/make decisions on their behalf.
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Washington:
Any person, regardless of age, may be allowed to be adopted in Washington. Any person over the age of 18 may adopt in Washington, as long as they are cleared by the state as legally competent. If the to-be adopted child is older than 13, they must consent to being adopted. Both biological parents must consent to the adoption moving forward, unless they have abandoned the child. Once the adoption process has concluded, the adoption is permanent. A Guardian Ad Litem may be appointed to the the child, in order to guide them through the adoption process/make decisions on their behalf.
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Wyoming:
Any person, minor or adult, may be adopted in Wyoming. A husband and wife jointly, an unmarried adult, or a married person petitioning without their spouse may adopt. There may be no discrimination in adoption based on physical disability. An adoption agency may not make a determination that a person is unsuitable to adopt based on the lawful possession of a firearm. When a child has lived with a grandparent for at least six months within the 24-month period immediately preceding the filing of a petition for termination of parental rights, the grandparents will be given notice.
ADOPTION IN THE MIDWEST
Illinois:
Anyone can be adopted in the state of Illinois, but the adoption of children is the most prevalent. The potential adoptive parent(s) has to have been a resident of Illinois for at least six months before filing for adoption. A child must consent to the adoption if they are 14 years old or older. Both biological parents must consent to the adoption moving forward unless they have abandoned the child. Once the adoption process has concluded, the adoption is permanent. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf.
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Indiana:
Adults and children may be adopted in Indiana; the process of adoption for adults is usually only done in special cases. Consent is needed from both biological parents unless they had abandoned the child. Consent is also needed from the petitioner of the spouse if they are not filing for adoption jointly. Any prospective adoptive parent must go through a criminal background check. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf.
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Iowa:
Consent for the adoption is needed from the current guardian of the child, the spouse of the petitioner, the biological parents of the child, if they have not terminated their parental rights, and the child who is going to be adopted if they are at least 14 years old. Consent is needed in writing for the court. Anyone can be adopted in Iowa, and any adult, single or unmarried, can adopt a child. The spouse of the petitioner does not necessarily have to be a joint petitioner in the petition for adoption, they only need to consent to the adoption taking place.
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Kansas:
Adults may adopt in the state of Kansas with an agency or independent adoptions. Anyone can be adopted in Kansas, but the adoption of minors is more prevalent. Consent is needed from both of the biological parents in order to move forward with the adoption unless they have already terminated their parental rights. Consent can not be given more than six months before the petition for adoption is filed by the prospective adoptive parent. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf.
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Michigan:
Any adult in Michigan may adopt if they are 25 years or older (if single), married and living with their spouse, at least 10 years older than their spouse, be a resident of the state for at least six months, and are financial, physically, and mentally capable of having a child. When the termination of parental rights is needed, consent is needed from the child, if they are at least 14. A child may be adopted by a third party if the parental rights have been terminated. Petitions for adoption should be heard within 120 days of filing, as that is in the best interest of the child. If the biological mother is not living, any person related by blood can file an objection to the adoption. A child-placing agency has to verify allegations in the petition, including whether adoption is in the best interest of the child, and if the home is suitable.
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Minnesota:
Any child may be adopted in the state of Minnesota, as long as the parental rights of their biological parents have been terminated. Termination of those rights is not needed if the child has been abandoned. The child must consent to the adoption if they are at least 14 years old. If an adult is being adopted, only their consent is needed-not their biological parent's. A Guardian Ad Litem may be appointed to the child to help represent their best interests.
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Missouri:
Any adult over the age of 21, single or married, may adopt a child in the state of Missouri, as long as they pass a pre-filing home study. This study is conducted in order to make sure the child to be adopted would be growing up in a safe and stable environment. Any person, child or adult, may be adopted, but the consent of any child 14 years old or older is needed before the process moves forward. Once the adoption is finalized, it can only be challenged on the grounds of fault for one year. After that it is permanent.
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Nebraska:
Adults and children may be adopted in Nebraska; the process of adoption for adults is usually only done in special cases. Consent is needed from both biological parents unless they had abandoned the child. Consent is also needed from the petitioner of the spouse if they are not filing for adoption jointly. Any prospective adoptive parent must go through a criminal background check. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf.
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North Dakota:
Any person, an adult or child, may be adopted in the state of North Dakota. If the person to be adopted in North Dakota is at least 10 years old, their consent is needed for the process to move forward. Any adult can adopt a child in North Dakota; however, married couples to be granted the power to adopt more than unmarried. No person shall, in the process of adoption, be discriminated against because of race. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf.
Ohio:
Any adult may adopt in the state of Ohio if they have been measured as suitable to adopt by the state. Any adult or child may be adopted. Any child over the age of 10 must consent to the adoption process moving forward. Both biological parents must consent to the adoption if their parental rights have not been terminated. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf. The adoption is permanent.
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South Dakota:
Any person may be adopted in South Dakota, given that the biological parent's parental rights have been terminated. If the child has been abandoned, the rights need not be terminated. Any child over the age of 12 must consent to the adoption. Any adult may adopt in South Dakota. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf.
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Wisconsin:
In order to adopt in Wisconsin, the potential adoptive parent(s) must be at least 21 years old. Any minor or adult may be adopted in the state of Wisconsin if the rights of their biological parents have been terminated. The rights do not have to be terminated if the parents have been terminated. The only way adoption can be reversed is on the grounds of fraud. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf.
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ADOPTION IN THE SOUTHWEST
Arizona:
In Arizona, any child or foreign-born person who is 21 years or less present within the state at the time of petition may be adopted. Any adult resident of the state regardless of marital status may adopt, in addition to a husband and wife being allowed to adopt. The petition for adoption must be filed in the county where either the person being adopted or the adoptive parent lives. Before the petition is filed, adults must be certified as acceptable to adopt. This is based on criteria such as social history, financial condition, moral fitness, religious background, physical/mental health conditions, and more. There is to be no discrimination in adoption based on race. Consent to the adoption is needed from the biological mother, the biological father if he is married to the biological mother and the paternity is confirmed, and from the child, if they are 12 years old or older. Consent is not needed from the guardian currently appointed to the child or a parent whose parental rights have been terminated. A fictitious name may be used for the child in court if it is in the child's best interest, in terms of safety and privacy. If after all these conditions the adoption would be in the best interest of the child, it can move forward.
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New Mexico:
Any minor in the state of New Mexico may be adopted. Any adult, single or married, may adopt. A married person can adopt a child without their spouse joining as a petitioner. A pre-placement study must be done at the home of the prospective parents during the process of adoption, in order to see if the prospective parents would be fit to be parents. Consent to the adoption is needed from the biological mother and father unless they have abandoned the child. Every decision made during the adoption process must be done in the best interest of the child.
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Oklahoma:
Any minor or adult may be adopted in Oklahoma; however, the adoption of children is more prevalent-adult adoptions typically take place in more specific circumstances. Consent is not needed from the guardian currently appointed to the child or a parent whose parental rights have been terminated. If the parental rights of the biological parents have not been terminated, they must be terminated before the adoption can go through. This can be done by the biological parent voluntarily or involuntarily. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf.
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Texas:
Minors may be adopted in Texas after the biological parents relinquish their respective parental rights. Before and after the placement of the child in the adoptive parent's home, a study must be done in the home, in the best interest of the child, to make sure it will be a safe and stable place for the child to live. Usually, a child has had to have been placed with a family for at least six months before they can file for adoption of the child. This can be waived if it is in the best interest of the child. There shall be no discrimination in the adoption process on the basis of race.
ADOPTION IN THE NORTHEAST
Connecticut:
In Connecticut, a minor may be adopted by nonrelated persons, stepparents, or blood relatives. Guardian Ad Litems are appointed to represent the child's best interest. Both biological parents must terminate their rights/consent to the adoption, in addition to the guardian at the time of the adoption. A petition for the termination of rights must be done in the child's best interest. If the parental rights of only one parent are terminated, the remaining parent shall be the sole parent/guardian of the child. Any statutory parent may resign or be removed if good cause is shown.
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Delaware:
The petition for adoption must be done in the family court in the district where either the adopter or minor to be adopted resides. An unmarried adult or a husband and wife may adopt a child. In these terms, an adult is 21. The petition for adoption must state the name, address, and marital status of the petitioner(eers), the sex and date of birth of the child whose adoption is sought, and the relationship of petitioner to the child. Consent is needed from the birth parents and the child if they are at least 14 years old. Withdrawal of consent cannot happen after 60 days of filing for adoption. The child can be taken out of the potential adopters' home if it is in their best interest.
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Maine:
An adopted person in Maine shall have all the rights that a biological child of the same family would have. Anyone may be adopted in Maine, but the adoption of children is more prevalent than adult adoptions. Any single adult over the age of 21 or any married couple may adult. There shall be no discrimination in adoption based on race. Consent is needed from both biological parents if they have not abandoned the child. Consent must be given after the birth of the child, and after the adoption goes through, it can not be rescinded.
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Maryland:
Biological parents are the joint natural guardians of the child; if they abandon the child, that is where adoption becomes an option. Consent is needed from biological parents before the adoption can move forward, but it is not always possible to gain that consent. If the court finds the biological parents to be unfit, they can terminate parental rights. Any adult can adopt in Maryland, single or unmarried. Any person may be adopted, given that their biological parent's rights have been terminated. Guardian Ad Litems are appointed to represent the child's best interest.
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Massachusetts:
In Massachusetts, in order for the adoption to go through, consent is needed from the biological parents. This is so the court can terminate the parental rights of the biological parents and give them to the adoptive parents. The child to be adopted must consent as well if they are at least 12 years old. There must be a home study done of the prospective adoptive parent's residence, in order to find out if the child to be adopted would be living in a safe environment. Anyone can be adopted in Massachusetts. Guardian Ad Litems are appointed to represent the child's best interest.
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New Hampshire:
In New Hampshire, any adult, single or married, may adopt a child. When married, the other spouse does not have to join as a petitioner on the petition for adoption. Any person may be adopted in the state of New Hampshire may be adopted, but if they are at least 14 years old they must consent to the adoption. Guardian Ad Litems are appointed to represent the child's best interest. Birth parents must give their consent to the adoption, but they are also given the right to privacy during the process.
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New Jersey:
To adopt in New Jersey, you must be an adult who is at least ten years older than the person you are adopting. Any person can be adopted in New Jersey. Guardian Ad Litems are appointed to represent the child's best interest. Birth parents must consent to the adoption, and this consent must be given after the child has been born. Consent does not need to be given if the child has been abandoned, and in that case, the parental rights would be terminated. Children can be adopted by people related to them, such as the adoption by a grandparent. There must be a home study done of the prospective adoptive parent's residence, in order to find out if the child to be adopted would be living in a safe environment.
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New York:
Adults may adopt in the state of New York with an agency or independent adoptions. Anyone can be adopted in New York, but the adoption of minors is more prevalent. Consent is needed from both of the biological parents in order to move forward with the adoption unless they have already terminated their parental rights. Consent can not be given more than six months before the petition for adoption is filed by the prospective adoptive parent. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf.
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Pennsylvania:
Any person may be adopted in the state of Pennsylvania. Similarly, any adult may adopt. Consent is needed from the biological parents in order for the adoption process to move forward. If the biological parents abandoned the child, their consent is not needed. Consent is needed from the child if they are at least 12 years old. Once the adoption has been finalized, it can only be reversed on grounds of fault. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf.
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Rhode Island:
Any person may be adopted in Rhode Island. Any adult may adopt a child, regardless of their marital status. However, if a married couple is to adopt a child, both spouses must petition for adoption. Consent is needed from the spouse if they are 14 years old or older. Consent is also needed from the biological parents of the child unless they have abandoned the child. Consent must be given after the birth of the child. Once 180 days have passed since the finalization of the adoption, there can be no reversal of said adoption.
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Vermont:
Anyone can be adopted in Vermont, but the adoption of minors is much more prevalent. Any adult may adopt a child, regardless of marital status. However, if a married couple is to adopt a child, both spouses must petition for adoption. Consent is needed from the person getting adopted if they are 18 years old or older. Guardian Ad Litems can be appointed to represent the child's best interest. Consent from the child's biological parents is needed unless the child was abandoned by them. There must be a home study done of the prospective adoptive parent's residence, in order to find out if the child to be adopted would be living in a safe environment.
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ADOPTION IN THE SOUTHEAST
Alabama:
In Alabama, you have the choice of filing for adoption in the county where either the minor child lives, or where the adult adopting lives. Any single adult or couple may adopt a child. An adoption here may not be stopped in the state of Alabama if the parents are not going to be adopted. In Alabama, minors, adults who are physically/mentally disabled, and adults whose consent may be adopted. Consent for the adoption is needed from the adoptee if they are 14 years or older, the adoptee's biological mother and father, and the agency who holds the child. A Guardian Ad Litem or attorney may be provided to represent the interests of the child. The judge executing the adoption document has to voluntarily and unequivocally consent to the adoption of the adoptee. The adoption document cannot be relinquished without evidence of fraud, and even then preference is not given to the natural parents.
Arkansas:
In Arkansas, any individual may be adopted. A husband and a wife, an unmarried adult, an unmarried father or mother of the individual to be adopted, or a married individual without the spouse joining as the petitioner may adopt. Consent is needed from the biological mother and father, if the biological father is married to the biological mother, the child if they are 10 years old or older, the spouse of the minor to be adopted (if applies), and anyone lawfully entitled to the child. Consent is not needed from a parent who deserted the child or a parent who has no meaningful relationship with the soon to be adopted child but does with another child. Consent to the adoption must be executed after the birth of the child. Withdrawal of consent cannot happen after the decree of adoption.
Florida:
Any person, minor or adult, may be adopted in Florida. A husband and wife jointly, an unmarried adult, or a married person petitioning without their spouse may adopt. There may be no discrimination in adoption based on physical disability. An adoption agency may not make a determination that a person is unsuitable to adopt based on the lawful possession of a firearm. When a child has lived with a grandparent for at least six months within the 24-month period immediately preceding the filing of a petition for termination of parental rights, the grandparents will be given notice.
Georgia:
Any adult in Georgia may adopt if they are 25 years or older (if single), married and living with their spouse, at least 10 years older than their spouse, be a resident of the state for at least six months, and are financial, physically, and mentally capable of having a child. When the termination of parental rights is needed, consent is needed from the child, if they are at least 14. A child may be adopted by a third party if the parental rights have been terminated. Petitions for adoption should be heard within 120 days of filing, as that is in the best interest of the child. If the biological mother is not living, any person related by blood can file an objection to the adoption. A child-placing agency has to verify allegations in the petition, including whether adoption is in the best interest of the child, and if the home is suitable. The adopted individual shall enjoy every right and privilege of a biological child of the petitioner.
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Kentucky:
Making sure the adoption is in the best interest of the child is the primary role of the courts during the adoption process. Unmarried, single adults and married adults may adopt in Kentucky. The prospective adoptive parents must file the petition for adoption in either the county in which they reside or in the county the child to be adopted resides. Consent is needed from both biological parents in order for the adoption to proceed. Consent is also needed from children ten years old or older. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf.
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Louisiana:
Any adult may adopt a child in Louisiana, regardless of their marital status. Any person may be adopted here, provided that their biological parents have terminated their parental rights. This can be done voluntarily or involuntarily, depending on the relationship between the child and the biological parents. There must be a home study done of the prospective adoptive parent's residence, in order to find out if the child to be adopted would be living in a safe environment. Once the adoption process has gone through, it is finalized.
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Mississippi:
Any person, regardless of age, may be allowed to be adopted in Mississippi. Any person over the age of 18 may adopt in Mississippi, as long as they are cleared by the state as legally competent. If the to-be-adopted child is older than 13, they must consent to be adopted. Both biological parents must consent to the adoption moving forward unless they have abandoned the child. Once the adoption process has concluded, the adoption is permanent. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf.
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North Carolina:
Anyone can be adopted in the state of North Carolina. However, the adoption of children requires the consent of the biological parents, while the adoption of an adult does not. This consent must be given after the child has been born. A Guardian Ad Litem may be appointed to the child, in order to guide them through the adoption process/make decisions on their behalf. Any adult can adopt in North Carolina, provided that they are at least 10 years older than the person they are adopting.
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South Carolina:
Anyone may be adopted in South Carolina. However, the child's biological parents must terminate their parental rights before the adoption can move forward. Consent is also needed from the person being adopted if they are at least 14 years old. Any adult, regardless of age or marital status, may adopt in the state of South Carolina. However, before the adoption, there must be a home study done of the prospective adoptive parent's residence, in order to find out if the child to be adopted would be living in a safe environment.
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Tennessee:
In order to adopt someone in Tennessee, you must be at least 18 years old and have been a resident of the state for at least six months. Anyone may be adopted in Tennessee, but children must have the parental rights of their biological parents terminated first. This can be done voluntarily or involuntarily, depending on the relationship between the biological parents and the child. There must be a home study done of the prospective adoptive parent's residence, in order to find out if the child to be adopted would be living in a safe environment. Consent to the adoption is needed from children over the age of 13.
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Virginia:
Any adult may petition to adopt a child. If that person is married, their spouse must file a joint petition. Before filing, the petitioner has to have been a resident of the state for at least six months. Any child may be adopted, and in some extenuating circumstances, an adult may be adopted too. Consent is needed from the child who is being adopted if they are at least 14 years old. After six months, the adoption can not be reversed. It is permanent.
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West Virginia:
Any person may be adopted in West Virginia, regardless of age. If the child being adopted are older than 11 years old, they must consent to the adoption. Any adult who has been a resident of West Virginia for at least six months may file a petition for adoption in West Virginia, regardless of marital status. All choices made during the adoption process must be done in the best interest of the child. A home visit may be done to the prospective adoptive parent's home, to determine if living there would be in the child's best interest.
