Interstate Adoption

Interstate Adoption

Many people who are considering an adoptive placement across state lines are unaware that special rules and special issues may arise.  For instance, the Interstate Compact on the Placement of Children (“ICPC”) applies to all children who are placed for adoption across state lines, except placements made with a parent, stepparent, grandparent or other close adult relative such as an aunt or uncle.  A violation of the ICPC can endanger an adoptive placement.

The ICPC assigns responsibility to the sending entity to guarantee the child’s legal and financial protection and allows the prospective receiving state the opportunity to confirm or deny the adoptive placement. The ICPC requires both a home study of the adoptive family and an evaluation of the interstate placement, and ensures that the applicable laws of both the sending and receiving states are followed.  Adoption laws vary from state to state and issues may arise in your interstate adoption if the two states have widely divergent laws.  Prior to placement, it is best for a Florida adoption attorney to communicate with an adoption professional in the second state to determine the best legal pathway for the interstate adoption to occur.

Children placed privately for adoption are generally able to return home with their adoptive parents within 7 – 10 business days from the birth mother’s execution of her consent to adoption, and sometimes sooner. Before the adoptive family is allowed to leave the sending state, the adoption entity must submit the ICPC paperwork to the sending state’s ICPC office.  After the sending state has approved the adoption, all of the paperwork would then be forwarded to the receiving state’s ICPC office.  Once approved by the receiving state, the family is notified that they can return home.

The required documents to be submitted to ICPC can vary from state to state.  To avoid unexpected surprises and delays in your return home with your child, please contact Tate Healey Webster ([email protected] or 813.258.3355) to discuss the benefits of retaining Florida counsel to facilitate a successful adoptive placement across state lines.  We have earned recognition for our ability to handle complex interstate cases. The attorneys at Tate Healey Webster have focused their practice on adoption law for a combined total of over 120 years and have helped complete thousands of adoptions. Click HERE to learn what considerations to take into account when selecting an adoption attorney.

Click HERE if you have questions about what financial resources may be available to assist you on your adoption journey.