Applicable Law

Because independent adoption is controlled by state law and because many independent adoptions involve more than one state, it is necessary to determine which state’s laws will apply. The applicable law on most points will be the law of the state in which the adoptive parents reside. When the birth parents reside in another state or give birth in another state, it is possible that some aspects of the law of that other state will also apply.

Parties to an adoption must comply with the Interstate Compact on the Placement of Children (ICPC) whenever a child is brought from one state (the sending state) to another state (the receiving state) for purposes of adoption. The ICPC requires an application for approval before a child can be transferred into the receiving state. The process requires submission of various documents, including a preplacement assessment of the fitness of the prospective adoptive parents. The ICPC official in the sending state may require that the parties comply with some aspect of the law of the sending state before the official will approve the transfer of the child.

For more information about independent adoptions, click to view one of the following pages: