Legal Definitions - interstate adoption

An interstate adoption occurs when the prospective adoptive parents and the child being adopted (or the child's birth parents) reside in different U.S. states. This type of adoption involves legal processes that span state lines, often requiring compliance with the laws of both states involved, as well as federal regulations like the Interstate Compact on the Placement of Children (ICPC), which ensures the safety and suitability of placements across state borders.

Here are some examples to illustrate interstate adoption:

• Example 1: A couple living in Oregon decides to adopt a newborn baby whose birth mother resides in Washington. The adoption agency facilitates the match, and once the birth parents' rights are terminated in Washington, the child travels to Oregon to live with the adoptive parents.

  Explanation: This is an interstate adoption because the prospective adoptive parents live in Oregon, and the child (and birth mother) live in Washington, requiring legal coordination and compliance with adoption laws in both states.

• Example 2: A single parent in Massachusetts applies to adopt a child from the foster care system in North Carolina. After a thorough home study and approval process in Massachusetts, and a matching process with a child in North Carolina, the child is placed with them.

  Explanation: This illustrates an interstate adoption because the prospective adoptive parent is in Massachusetts, and the child is under the jurisdiction of North Carolina's child welfare system, necessitating interstate legal and administrative procedures, including the Interstate Compact on the Placement of Children (ICPC).

• Example 3: A family residing in Colorado wishes to adopt their nephew, who lives with his birth parents in Kansas. The birth parents agree to the adoption, and the legal proceedings are initiated to transfer parental rights and finalize the adoption across state lines.

  Explanation: This is an interstate adoption because the child and his birth parents are in Kansas, while the prospective adoptive parents (the aunt and uncle) are in Colorado, making it a cross-state legal process that must satisfy the requirements of both states.