Adopting a Child 3/24/2010
There are many different ways to adopt a child, and as you begin to explore your plans for your family, your capabilities, and learn more about the children who need families, you may already have a preference or you may want to look further into your options.
- Domestic Adoption (adopting an infant or older child within the U.S.)
- International Adoption (adopting a child from another country)
- Foster Adoption (adopting a child from the U.S. foster care system)
- Stepparent and Kinship Adoption (adopting your stepchild or a relative)
- The type of adoption you choose may help determine the type of professional(s) who will work you with during your adoption journey:
- Agency Adoption (adopting through an adoption agency, public or private)
- Private (or Independent) Adoption (adopting through an adoption attorney)
- Adoption Facilitators (often faster, but more expensive and not allowed in every state)
Since adoption laws in the state where you live will, in most cases, govern your options, it is essential that you know what types of placements are allowed or not allowed by your state's adoption laws. If you pursue an adoption across state lines, you must comply with the laws in both states before the child can join your family. All 50 states, the District of Columbia, and the U.S. Virgin Islands have enacted legislation (called the Interstate Compact for the Placement of Children) that governs how children can be placed for adoption across state lines. In international adoption, you will also need to comply with U.S. federal laws and the laws of your child's country, as well as state law.
Who can adopt?
Adoptive parents may be married or single, childless or already parenting other children.
Adoptive parents should be at least 18 years older than the child they want to adopt, 25 years old minimum, or no more than 40 years older than the child they want to adopt.
Having a disability does not automatically disqualify you from adopting a child; rather agencies will want to ensure that you can care for a child and meet his or her needs throughout his or her childhood.
Divorce or a history of marital or personal counseling does not automatically eliminate you as a candidate.
You are not required to own your own home or to have a high income in order to give children what they need--permanence, stability, a lifetime commitment, and a chance to be part of a family.
Children do not need "perfect" parents -- they need one or more caring and committed individuals willing to meet their needs and to incorporate them into a nurturing family environment.
Quick Facts about Private Adoptions…
At the 2000 census, there were 1.5 million children under age 18 in America who joined their families through adoption, that’s 2% of all children in the U.S.
In the U.S., there are 5 million people today who were adopted. More than 120,000 children are adopted each year in the U.S.
94% of Americans view adoption favorably.
Adoption is often no more expensive than giving birth. The average cost to adopt domestically is $15,000.
The average time it takes to complete an adoption is one to two years.
Birthparents are not all troubled teens. Most birthparents who decide to terminate their parental rights today are over the age of 18 but lack the resources to care for a child.
Birthparents who terminate their parental rights are not abandoning their child. It is generally with great courage and love for their child that a birthparent decides to terminate their parental rights.
A family formed by adoption is recognized as a child’s family by law with all rights that entails. Less than 1% of domestic adoptions are contested in court. A fraction of that 1% actually end with a post-placement revocation of parental rights.
Where do I start?
Once you apply to adopt a child (whether you apply through an agency, an attorney or facilitator, or directly to the court in an independent adoption), the laws of all states require that you undergo an adoption home study. Home studies are conducted to evaluate your desire and commitment to adopt, to explore the reasons why you want to adopt, to evaluate you as a prospective parent, and to provide education about adoption.
What is the Adoption Tax Credit?
The Hope for Children Act, federal legislation effective January 1, 2002, provides an adoption tax credit for all adoptions from 2002 and thereafter. As of tax year 2005, the maximum tax credit for qualifying expenses paid to adopt an eligible child is $10,630. In addition, the legislation allows a tax exclusion for employer-provided adoption benefits. If your modified adjusted gross income is more than $159,450, your credit is reduced. If your modified adjusted gross income is $199,450 or more, you cannot take the credit. The credit may be allowed for the adoption of a child with special needs even if you do not have any qualifying expenses. More information on the qualifying factors for the tax credit can be found in the Internal Revenue web site: http://www.irs.gov/taxtopics/tc607.html
What are Qualifying Expenses?
Qualifying adoption expenses are reasonable and necessary expenses directly related to, and whose principal purpose is for, the legal adoption of an eligible child. All adoption expenses submitted in association with the tax credit must be documented with receipts. These expenses include:
- Adoption fees,
- Court costs,
- Attorney fees,
- Traveling expenses (meals and lodging) while away from home, and
- Re-adoption expenses to adopt a foreign child.
Qualifying adoption expenses do not include expenses:
- That violates state or federal law,
- For carrying out any surrogate parenting arrangement,
- For the adoption of your spouse’s child,
- For which you received funds under any federal, state, or local program,
- Allowed as a credit or deduction under any other federal income tax rule, or
- Paid or reimbursed by your employer or any other person or organization.
What is an “Eligible Child”?
The term “eligible child” means any individual:
- Under 18 years old, or
- Physically or mentally incapable of caring for himself or herself.
What is a Child with special needs?
An eligible child is a child with special needs if all three of the following apply.
- He or she is a citizen or resident of the United States.
- The state determines that the child cannot or should not be returned to his or her parents’ home.
- The state has determined that the child will not be adopted unless assistance is provided to the adoptive parents. Factors used by the state to make this determination include: The child’s age,
- Whether the child is a member of a sibling group, or
- Whether the child has a medical condition or physical, mental or emotional disability or is at risk of developing such disability because of known history of the birth family.