[Russ T]

im not an adoptive parent, not even out of High School yet, but im doing an informative report on Adoption for my Child Development class, and i have read some conflicting info on Out of state adoption, one sight said, that a state cannot deny or delay out of state adoption, and another site said u had to be a resident to adopt. Can someone shed some light on this for me plz.

Thanks
Russ. T

[JuliannaTeresa]

I am curious as to what site you are reading that says that they can not deny or delay Interstate Adoptions.

With out of state Adoptions, the Adoptive Family has to follow the laws of both states. If one state says you must be Licensed for Foster Care also then that applies!

I know of at least 2 states who have denied Interstate Adoptions. It is probably case by case, but very common.

Which Adoption are you speaking about being a resident? With International Adoption CIS (US Immigration) requires that one or both parents be a US Citizen.

I think it varies by state with Foster Care and Domestic Adoptions regarding residency?

[Russ T]

Here is the website that says that u cannot deny/delay out of state adoptions- http://photolisting.adoption.com/aacftfcs.php (its at the bottom)

and here is the one that says u must be a legal resident-
http://www.state.tn.us/youth/adoption/becoming.htm

thanks for helping me out

[mina2u]

Thank you so much for those sites. I am currently trying to adopt out of state, but the state is draging their feet until a local adoptvie family can be identified. With the information you shared, I can now confront them with facts...yeah!!!

[DianeS]

It's all in the wording.

The first site you listed quotes the Adoption and Safe Families Act of 1997. Note that it says the placement can't be delayed or denied MERELY because the family lives in a different state. Yet, there are children for whom they are specifically seeking an in-state family for reasons they may or may not disclose. Then the refusal is no longer MERELY becasue the potential parents are out of state, it is also because the child needs to remain in-state. Eventually, if not placed soon, the child's need for any family will outweigh the need for a specific type or location of family and they would be willing to place the child out of state.

It's a very fine line, and it can certainly be abused, but it exists. The child's need could include bio family she should remain in contact with, or a special hospital in the state familiar with her case, or the fact that changing climates in addition to families would be TOO overwhelming to her, etc. The state is permitted to seek in-state families in the same way they might seek a two-parent family or a family with dogs. It sounds discriminatory, but even small things can make the difference between a successful and a failed placement.

The Act is used most often to counter those who would refuse an out of state adoption for a child who lived right beside the border of the state the adoptive parents live in, if and the social workers just didn't want to do the paperwork that accompanies an out of state adoption. THAT would be forbidden by that Act.

On the second site - the one from Tennessee - is an example of what I think is simply bad wording. What they probably mean to say is that you need to be a resident of TN in order to *use that website, and the form on that page, and the agencies to which it is sent* to adopt a child. If you live outside the state you have to go through your own state's process to get approved, then your agency can deal with TN. Since I know a family who adopted children out of TN I know the rule is not as it is actually stated on the website, and what I've said here is the most sensible explanation I can think of - they just used general words to explain something specific.

Hope that helps!

[Russ T]

Thank you Diane for clearing that up for me,
i really appricate it.

Thanks again,
Russ T.

[kmalay]

Russ to add to all of that and what Diane said is very true, but it is "policy" of many agencies to not want to place children out of state. There is added paperwork and issues of who is paying for what services. Many caseworkers don't even know how to do the paperwork. This was all told to me by a few caseworkers. We are actually doing an interstate adoption from a neighboring state. It is a long process, but it is mainly just the adoption process in general that is long, but we are fortunate that in our case there is interstate experience on both sides. It is a shame that these policies exist becaue it should be what is best for the child period. Good luck on your project