If you have connected with a birthmother or birthparents that live in a different state than you and the baby is being born in that state, there are some things that you need to know about interstate placements to ensure that things are legally done in the correct manner.  The essentials of interstate adoption involve having an attorney or agency in both states, the Interstate Compact on the Placement of Children (ICPC), and where you will finalize your adoption.

When you begin to explore an interstate adoption, the first thing that you need to do is to secure an agency or attorney in your state and in the state where the birthmother lives.  Because most adoption laws are state specific, you will want an attorney that practices adoption law to work with the birthfamily especially since interstate adoptions involve more paperwork.  Having an agency or attorney to represent the birthfamily is a protection for you, the birthfamily and your child.  You can be sure that what they are telling you is the truth and you can be sure that they are being informed of all their rights and receiving counseling if they desire it.

One of the first things that your agency or attorney should discuss with you regarding adopting a child born in another state is the Interstate Compact on the Placement of Children (ICPC).  ICPC is a Federal law that regulates the placement of children across state lines.

What this means for you is that once a baby is born, he/she can not cross state lines until the sending state (where the baby is born) and receiving state (where you live) both approve the placement.  This does not mean that the baby can’t be placed with you during this intermediate time, it just means that the baby cannot cross state lines.

When a baby is born, the attorney or agency in the sending state will put together a packet of information including the Home Study, hospital medical information on the child, a social/medical history of the Birthfamily, the Birthmother’s Surrender, the Birthfather’s Surrender or Waiver, an explanation why a Surrender or Waiver hasn’t been signed if applicable and a few other pieces of information.  They will then give this packet of information to the ICPC office in the sending state.  Once they read this packet of information and approve it, the ICPC office in the sending state then mails the packet of the information to the ICPC office in the receiving state.   Once they read this packet of information and approve it, you can cross state lines and take your child home.

How long does the ICPC process take?  I have seen it take as little as 5 days and as long as 3 weeks.  Many things affect this time line including when the baby is born and if a weekend or holiday falls during the ICPC process.  I always tell adoptive families that I work with to plan to be in the other state for 10-14 days.  That way, if it is less time then everyone gets to go home early and is happy, but if it takes closer to two weeks then you are prepared.

Once you have received a placement and are back home, you need to begin the process to finalize the adoption.  Where you finalize the adoption is a tricky question.  Some agencies actually require that you return to the state where your child was born in order to finalize the adoption, some agencies/states give you the option of finalizing in the state where you reside or the state where your child was born and some agencies/states require that you finalize in the state where you live.  Since you need to use an attorney to finalize your adoption, I would discuss all of these options with them.

I hope that this article serves as a general guideline for you to begin the process of adopting from another state.  You should always confer with the agency/attorney in your state and the state where your child is born to be sure that everything is being done correctly.  If you have any questions, you can go online and review laws for your state and the state where your baby is born.  Because interstate adoptions are a little more involved, the more educated you are the more you can advocate for yourself, the birthparents and your child.

This entry was posted on Sunday, March 5th, 2006 at 4:43 am and is filed under Adoption. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.