There are special laws that apply to interstate adoption, and they have been passed in all 50 states. If you’re planning to adopt a child from another state or if you’re placing a child for adoption in another state, there are important things to know.
Gulf Coast Adoptions explains interstate adoption laws.
Understanding Interstate Adoption
An interstate adoption moves a child from one U.S. state to another U.S. state. For example, if a child is born in Alabama, and they are placed with an adoptive family in Florida, it is an interstate adoption.
When an adoption is interstate, there may be additional requirements. The requirements do not apply in all circumstances.
The Interstate Compact on the Placement of Children (ICPC)
Out-of-state adoption laws come from the Interstate Compact on the Placement of Children (ICPC). The law creates extra requirements for when an adoptive placement is interstate. Both the sending state and the receiving state must approve the placement.
The ICPC makes sure that the child has the same protections and services that they would have if they stayed in the sending state.
In Alabama, the Interstate Compact on the Placement of Children is codified in Ala. Code § 44-2-20.
Legal Requirements and Documentation
- Cover letter, directed to Alabama Interstate Compact Administrator + two copies
- ICPC Form 100A (DHR-1238) + three copies
- Social information for the child and birth family
- Medical information for the child and birth family
- Birth certificate
- Hospital birth records, if newborn
- Medical reports, and psychological evaluations, as appropriate
- Consent and relinquishment for adoption
- Home study for adoptive parents, meeting legal requirements where the adoption will be finalized + three copies
Submit the required information to the Family Services Division, ICPC Office.
The sending state processes materials and forwards them to the receiving state. The receiving state will also approve. The sending person or agency then sends the final adoption decree and ICPC Form 100B (DHR – 1239) confirming placement, along with two copies. They send the copies to the Family Services Division, ICPC office. The ICPC forwards a copy to the receiving state.
While these are the requirements for Alabama, there are some state variations so be sure to check the requirements in your state.
Potential Challenges and How To Overcome Them
Failing to comply with interstate adoption laws can derail an adoption. Mistakes or missing items can cause delays and make the process complicated. The court may say that a parent has not voluntarily consented until the ICPC has been complied with.
In addition, adoptive parents need to prepare for ICPC requirements early. Adoptive parents can minimize things to take care of when they’re away from home.
For interstate adoptions, when can the adoptive parents take the child home?
In an interstate adoption, the adoptive parents may take the child home once the placement is approved. The adoption doesn’t have to be finalized. The sending state retains jurisdiction until the adoption is final.
Does the ICPC apply to adoptions involving close relatives?
No. The ICPC does not apply to adoptions when the sending and receiving families are closely related. This includes parents, grandparents, siblings, uncles/aunts, step-relationships, and spouses of these family members. When both the sending and receiving parties are closely related, ICPC compliance is not required.
Does the ICPC apply to divorce and child custody determinations?
No. The ICPC does not apply to a divorce or child custody determination, including awarding custody to an out-of-state parent.
How long does ICPC approval take?
ICPC approval typically takes seven to ten days but may take up to two weeks.
Can the child leave the state before ICPC placement is approved?
No. The child must stay sending until ICPC placement is approved. Adoptive families often stay in hotels, in rentals, or with family or friends.
Does the ICPC apply to short visits out of state?
No, the ICPC does not apply if a child is visiting out of state. Examples are going to camp or visiting a relative. However, if a home study or supervision request has been made, there is a presumption of out-of-state placement.
Working with Adoption Agencies and Lawyers
Ultimately, you need your paperwork done properly so that you can introduce your new family member to your home. A lawyer can help you avoid mistakes and uncertainties.
Contact an Experienced Mobile Adoption Lawyer
We invite you to contact a Mobile adoption lawyer at Gulf Coast Adoptions. We know the laws concerning interstate adoption. Call or message us now.