Adoption Laws

Adoption laws are constantly changing to accommodate the needs of the adoption community - from adoptee rights to those regulating the adoption practices of nontraditional adopters. Every state has its own adoption laws. For example, while a state like Florida can ban all forms of gay and lesbian adoption, California allows gays and lesbians to adopt individually, jointly or the child of a partner.

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Some laws are "enforced" federally. For example, legislation that once made the main focus of foster care family reunion instead of focusing it on the needs of children to be in a stable household had made it near-impossible for foster children to stay in permanent homes. Another example of when the federal government stepped into adoption laws is in the adoption of Native American children. In the 1960s, about a third of Native American children were removed from their families and placed with "white families" that could provide what they thought were better lifestyles. Today's laws now require adopters to incorporate the child's native identity into his or her adoptive lifestyle.

Some laws are basic: It's required by law that adopters pass a home study and all international adoptees are legally classified as orphans by both countries' standards. You can never be too careful about following adoption laws in your state, as doing so can keep the adoption process free of delays. And because the adoption community always evolving, consulting an adoption attorney is the best way to ensure you're keeping up with your state's adoption laws better than any other source of information on the Internet.


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