What Are the Legal Requirements to Adopt a Child?

Adoption is a judicial and administrative act granting permanent parent-child rights to a minor and adult. In the United States, adoption is governed by state and federal law. When adopting a child outside of the United States, adoptive parents must also be eligible based on the laws of that country.

National Requirements

The Administration for Children and Families indicates that adoption applicants must be American citizens. A person separated from his spouse can apply to adopt a child, but the spouse must also agree to be an adoptive parent and participate in the application process.

State Requirements

Each state has different eligibility requirements for adopting. The state of Connecticut requires adoptive parents to be at least 21 years old. Adoptive families must have sufficient income, provide positive references and attend pre-licensing group sessions. Applicants must pass a criminal background check. Adoptive families are permitted to have up to six children (including adopted and biological) and up to three foster and/or pre-adoptive kids in the home.

The Child Welfare Information Gateway website has information on each state’s requirements.

Foreign Adoptions

Foreign countries have their own eligibility requirements for adopting a child. According to the U.S. Department of State, China requires that applicants be between 30 and 50 years of age. One spouse must have stable employment, and total family assets should be valued at no less than $80,000. Only couples–one man and one woman–married for at least two years are eligible to adopt. Applicants that have been divorced more than twice will be disqualified from consideration.

Home Study

According to the Child Welfare Information Gateway, part of the U.S. Department of Health and Human Services, the application process involves a home study review of the adoptive applicants, the home and all adults over the age of 17 living in the home. A home study will evaluate the physical, mental and emotional status of the family. Prospective parents must provide a detailed financial profile, including income, savings, debt, expenses and information about dependents. A criminal background check will be conducted. The Administration for Children and Families is looking for a history of drug abuse, domestic violence or sexual abuse–all grounds for disqualification.

About this Author

Riki Markowitz has spent most of her career working as a research chief at various magazines, including “Redbook,” “Family Circle,” “Stuff” and “Latina.” Her work has also appeared in “Maxim,” “Woman’s Day,” “Arthur Frommer’s Budget Travel,” “Lucky” and “The Knot.” Markowitz holds a Bachelor of Arts in literature from Temple University.