Requirements to Adopt a Child

Can I Adopt with American Adoptions?

Parenting, no matter how you get there, is an immense responsibility. It’s also a joy, to be sure. But the weight of it — shaping a child’s life, providing safety and comfort, creating opportunity — is significant. It makes sense, with this level of responsibility in mind, that there would be some requirements to adopt a child.

If you are considering adoption, one of your first steps is learning about these requirements. They may be different depending on where you live, which agency you work with and which type of adoption you are pursuing. This guide to adoption requirements will help you figure it all out.

You can also call 1-800-ADOPTION.

As a national adoption agency, American Adoptions adheres to each state’s private domestic adoption laws and requirements. Like most agencies, we also have our own specific requirements. That may sound strict, but here’s the truth: adoption requirements are important to make sure that everyone, birth mother, adoptive family and child, only end up in the best situations.

Each state has its own unique laws and adoption requirements. Our database on adoption information for each state can help you learn more about your specific state laws. It’s also a good idea to speak with an adoption specialist about your state’s laws, as these laws are always subject to change.

First, let’s look at some of the questions we are commonly asked about the requirements to adopt a child through our agency.

Prospective birth mothers reading this, you can find a complete guide to the requirements for placing your child for adoption if you click this link. You can also connect with a professional today.

Do I have to be married to adopt a child?

Like other domestic adoption requirements, the marriage requirements for adopting a child depend on where you live and which agency you choose to adopt through. For example, American Adoptions is currently able to work with couples who have been married a minimum of two years. If you do not meet our marriage adoption requirements but still wish to join our agency, please contact us to inquire about our exception process.

Some states require married couples to be married for 2-3 years before they are eligible to jointly adopt a child.

What are the requirements for adopting a child?

Adoption requirements are going to change based on where you live, the type of adoption you choose and your adoption agency. The best way to find out about adoption requirements is on a case-by-case basis. However, there are some requirements that are consistent across the board.

How old do you have to be to adopt?

Age requirements for adoption differ significantly based on the state you are in.

According to the Child Welfare Information Gateway, the requirements for age can vary significantly. Seven states only require the adoptive parents to be 18 years old. Three states (Colorado, Delaware and Oklahoma) set the age requirement at 21. Two states (Georgia and Idaho) have set the bar at 25. In other parts of the country, the requirement is simply that adoptive parents be at least 10 years older than the child they are going to adopt.

Many states do not specify a minimum age to be eligible to adopt. Seem confusing? It can be. That’s why you should check with an adoption professional about the age requirements for adoption in your state and the age requirements of the agency you want to work with, as most agencies do set their own age expectations for adoptive parents. At American Adoptions, you must be between 25 and 50 years old to adopt.

How old is too old to adopt?

There are very few state laws with adoptive parent requirements that disallow older people of a specific age from adopting a child.

However, during the adoption home study, your physical and mental health will be evaluated to ensure you are healthy enough to raise a child. At American Adoptions, we set our upper age limit for adoption at 50.

I was convicted of a felony in the past — am I able to adopt a child?

Many people wonder if having a criminal record makes you unable to meet the qualifications for adoption.

If you were convicted of a felony, it doesn’t necessarily mean you cannot adopt. Your home study social worker will speak with you about the felony, when and why it happened, what you learned from that event, and how you’ve taken steps to correct any past mistakes.

Whether you are deemed eligible to adopt largely depends on the nature of the felony. If the felony involved child abuse or neglect, domestic violence, child pornography or sexual assault, it is highly unlikely that your home study will be approved and that you will be eligible to adopt a child.

Can I adopt if I already have a child?

This will vary from agency to agency. Some have no requirements regarding other children in the house; others may have a limit to how many children are already present in the home. American Adoptions requires that there are no more than two children already in the home and no child under the age of one. This is to ensure that you will not be overwhelmed by the extra responsibility that comes with caring for a newborn.

What qualification do you need to adopt a child from foster care?

Your state’s private adoption requirements are likely similar for foster care adoption, but there may be some minor differences. For example, in Nevada, you must be 21 years or older to foster parent a child. However, to adopt the child, you also have to be 10 years older than the child.

Can same-sex couples and LGBTQ single parents adopt a child?

As long as they meet their state’s other requirements to be an adoptive parent, LGBTQ couples and individuals can adopt in all 50 states. Legally, your sexuality is not a factor for adoption criteria in the U.S.

However, some states are actively advancing legislation that makes it easier for individual organizations to discriminate on the basis of sexuality. That means that while according to the law you can adopt, a private organization could still refuse to serve you.

Make sure to check with any adoption professional before you begin working with them. You deserve the full support of your agency during this process. American Adoptions is proud to work with many LGBTQ couples in the adoption process.

Helpful Information

The Domestic Adoption Process [Complete Guide to How Adoption Works]

How Much Does It Cost To Adopt A Child?

Adopt a Baby with American Adoptions

What is Open Adoption?

Adoption Requirements by State for a Private Domestic Adoption:

State Requirements	Age Requirements	LGBT Restrictions	Residence Requirements
Alabama Requirements	Adult	None	None
Alaska Requirements	Must be an adult for single parent adoption	None	None
Arizona Requirements	Adult	None	Must be a resident of Arizona
Arkansas Requirements	Must be an adult for single parent adoption	None	None
California Requirements	Must be an adult and 10 years older than adoptee	None	None
Colorado Requirements	Must be at least 21 years old	None	None
Connecticut Requirements	None	None	None
Delaware Requirements	Must be at least 21 years old	None	Must be a resident of Delaware
District of Columbia Requirements	None	None	None
Florida Requirements	Must be an adult for single parent adoption	None	None
Georgia Requirements	Must be at least 25 years old and at least 10 years older than adoptee	None	Must be a Georgia resident for 6 months
Hawaii Requirements	Must be an adult for single parent adoption	None	None
Idaho Requirements	Must be at least 25 years old or at least 15 years older than adoptee	None	None
Illinois Requirements	Adult	None	Must be an Illinois resident of 6 months
Indiana Requirements	None	None	Must be a resident; exceptions apply
Iowa Requirements	Must be an adult for single parent adoption	None	None
Kansas Requirements	Adult	None	None
Kentucky Requirements	Must be at least 18 years old, or…	None	… a resident of Kentucky of at least 12 months
Louisiana Requirements	Must be at least 18 years old to adopt as a single parent	None	None
Maine Requirements	None	None	None
Maryland Requirements	Adult	None	None
Massachusetts Requirements	Adult	None	None
Michigan Requirements	None	None	None
Minnesota Requirements	None	None	Must be a Minnesota resident of 12 months
Mississippi Requirements	Must be an adult for single parent adoption	None	Must be a Mississippi resident of 6 months
Missouri Requirements	None	None	None
Montana Requirements	Must be at least 18 years old to adopt as a single parent	None	None
Nebraska Requirements	Adult	None	None
Nevada Requirements	Must be an adult and at least 10 years older than adoptee	None	None
New Hampshire Requirements	Must be an adult for single parent adoption	None	None
New Jersey Requirements	Must be at least 18 years old and 10 years older than adoptee	None	None
New Mexico Requirements	None	None	Must be a resident; exceptions apply
New York Requirements	Must be an adult (at least 18 years old)	None	None
North Carolina Requirements	Adult	None	None
North Dakota Requirements	Must be an adult for single parent adoption	None	None
Ohio Requirements	Must be an adult for single parent adoption	None	None
Oklahoma Requirements	Must be at least 21 years old to adopt jointly or as a single parent	None	None
Oregon Requirements	None	None	Must be an Oregon resident of 6 months
Pennsylvania Requirements	None	None	None
Rhode Island Requirements	Adult	None	None
South Carolina Requirements	None	None	Must be a resident; exceptions apply
South Dakota Requirements	Must be at least 10 years older than adoptee	None	None
Tennessee Requirements	Must be at least 18 years old	None	Must be a Tennessee resident of 6 months
Texas Requirements	Adult	None	None
Utah Requirements	Must be an adult and 10 years older than adoptee	None	None. Unmarried cohabiting couples cannot adopt.
Vermont Requirements	None	None	None
Virginia Requirements	None	None	None
Washington Requirements	Must be at least 18 years old	None	None
West Virginia Requirements	None	None	None
Wisconsin Requirements	Must be an adult for single parent adoption	None	None
Wyoming Requirements	Adult	None	Must be a Wyoming resident of 60 days

Credit: Child Welfare Information Gateway. This chart is a brief overview of the adoption requirements by the laws of each state and American Adoptions is not responsible for any inaccuracies or legal consequences based on information in this article.

For updated state adoption requirements, contact a local adoption attorney or get free adoption information.

Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.

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