adoption
Interstate Adoption
Often an adoption will be arranged in which the birth mother lives in one state while the adopting parents live in another state. These "interstate adoptions" have some special concerns and problems.
Because there are few federal laws on adoptions, each state has unique laws. This led to people traveling from one state to another trying to find the most accommodating laws. The courts refer to this practice as "forum shopping," and the tendency is for all the courts and legislatures to discourage it.
To establish order in interstate adoptions, all 50 states formed a club called the "Interstate Compact on the Placement of Children." Officially, the purpose of the Interstate Compact is to facilitate interstate adoptions, but the result has often been the opposite. Briefly, each state belonging to the compact has agreed that it is against the law for a child to be taken into or out of that state for the purpose of adoption, unless the adoption has been approved in advance by both the "sending state" and the "receiving state." The compact also provides that no adoption placement is to be approved unless it is made in compliance with the laws of both states. This can be a serious problem, for the laws may be in such conflict that a couple cannot comply with the laws of one state without breaking the laws of the other.
The procedure in an Interstate Compact adoption placement begins with the filing of a number of papers with the Interstate Compact coordinator in the sending state, who then processes the papers and forwards them to the Interstate Coordinator in the receiving state. The paperwork involved is typically rather voluminous and generally includes a "social history" and health history of the birth mother and father. Significant delays are the norm in Interstate Compact placements, and it is usually wise to submit the paperwork for processing at least two months prior to the expected delivery date of the child. If the interstate placement is not approved by the Interstate Compact coordinators in both states prior to the birth of the child, the adopting parents may have to remain in the state where the baby is born until approval is obtained. It is not unusual for adopting parents to have to stay in a hotel with the child for several days or even weeks while awaiting this approval.
Interstate adoptions become even more complicated when the adoption is an independent adoption, because there is greater diversity between state laws as to independent adoptions than there is as to agency adoptions. If the birth mother lives in one of the states that either bans independent adoptions or discourages them, and if she desires to place the child herself, she may have to leave that state to accomplish this.
Many times the parties will try to avoid the Interstate Compact by having the birth mother travel to the state of residence of the adopting parents and give birth in that state. Most states take the position that this is still an interstate adoption, because the state where the birth mother delivered her child is not her state of residence.
The administrators of the Interstate Compact from each state have formed an association that issues interpretive opinions regarding the application of the Interstate Compact. In one of those opinions, the association has taken the position that if a pregnant woman travels from one state to another for the purpose of placing a child for adoption, it is to be considered an interstate adoption because the adoption was interstate in character. However, the wording of the Interstate Compact itself says that it applies only to the interstate transport of "a child," and the term "child" is defined as "a person who, by reason of minority, is legally subject to a parental guardianship, or similar control." This definition does not seem to include a fetus.
As a result, there is continuing controversy as to whether the Interstate Compact applies to the interstate travel of a pregnant woman for the purpose of placing a child for adoption in another state. Most of the courts that have considered this issue have ruled that a fetus is not "a child" as defined in the Interstate Compact, but a few courts have come to the opposite conclusion. It is therefore imperative that someone considering an interstate adoption must have expert legal advice.
In summary, the Interstate Compact was intended to facilitate adoptions and to bring about certainty and uniformity in the handling of interstate adoptions. Its effect, however, has often been to prevent adoptions that might be very much in the child"s best interests.
Background Information
Agency Adoptions
When it is time to evaluate adoption agencies, consider these pros and cons.
Where Have All the Babies Gone?
The top reasons fewer babies are available to the growing number of couples who want to adopt.
Adopting on Your Own
This advice can help single parents who want to adopt children.
Causes and Characteristics of Attachment Disorder
For adoptive parents, attachment issues can be a huge concern.
Independent Adoption
These are the risks and rewards of adopting without the help of an agency.
Questions and Answers
Are adopted children more likely to be rebellious than children raised by biological parents?
Answer
How would you go about telling a child he or she is adopted, and when should that disclosure occur?
Answer
Review Frequently Asked Questions
Stories
Reflections on Bonding With an Adopted Child
Bonding with an adopted child can take time — and great patience.
A Second Chance at Life
Two adopted children arrived from the most unlikely of sources.
Adoption as Grace
How does enlarging your family reflect God's love?
An Act of Grace
In the midst of ethical ambiguity, one infertility treatment is a welcome development.
Climbing the Hills
A father tells his story of adopting his daughter from Russia.
If you've been through a experience related to this topic, we invite you to share your story with others.Share Your Story
Other Things to Consider
Where is God in the Midst of All My Troubles?
So many cry out to Him in times of need, but is God really listening? And, more important, does He care?
Related Topics
Life Pressures: Working Moms, Stay-at-Home Moms
Relationships: Blended Families, Divorce, Parents and Adult Children, Caring for Elderly Parents
