Adopting Across State Lines
by Becky Birtha

Children presented on Internet websites come from many different states and are seen by families all over the United States. But can a family really adopt a child who lives in a different state from the family?

Yes. A current homestudy from the state where you live approves you to adopt a child in any state. Federal adoption law prohibits state agencies from denying or delaying a child's adoptive placement when an approved family is available outside of the child's jurisdiction. That's the short answer to this question.

But if you are running into delays, red tape, and frustration in your efforts to adopt a child who lives in a different state, you are not alone.

Perhaps you don't have a homestudy yet. You saw an adorable sibling group that lives in state ABC. But you live in state XYZ. You know that you must complete a homestudy with an agency licensed in state XYZ, where you live. But when you contact state XYZ's Division of Child and Family Services, they don't have any information about state ABC's children. They say you'll have to contact state ABC to find out more about them.

So you call the toll-free number for the state ABC's Department of Human Services. They're happy you've asked about the siblings. But they can't send you more information or consider your family until you have a homestudy from an agency in state XYZ.

Maybe you already have a homestudy. A public (state or county) agency in state XYZ has completed it at no cost to you. But that agency now says that your study may be used only for children in state XYZ. (That's why they did it for free!) They are not willing to send it to state ABC unless state ABC pays for it. But state ABC doesn't want to invest any money in this yet. How do they know that you're really a good family? They haven't even read your study!

Is there any way out of these vicious cycles?

If you do not have a homestudy yet and want to consider children from other states, try to choose an agency that is familiar and comfortable with interstate adoption, and discuss this possibility with your social worker early in the process. Some families opt to work with private agencies for this reason. There are also social workers at public agencies who are knowledgeable about interstate adoption. No agency will want to complete your homestudy if you are only willing to consider the children you saw, and no others. So be sure that the social workers know you are open to similar children closer to home.

If your homestudy is already completed, use your social worker's help to communicate with the child's agency. If your agency is reluctant to send copies of your study out of state, perhaps they can send a brief summary or other information about your family. Each state has administrators who deal with interstate adoptions, and you may want to contact those representatives for your state and the child's state.

Even when both the child's agency and the family's agency want to place the children with the family, adoption across state lines is a time consuming process. Social workers may be unfamiliar with it, and procedures vary greatly from one state to another. The family's social worker and the child's social worker must reach agreements on costs. They also must work out any differences in available subsidy amounts or medical benefits. They must trust that the other has assessed the child's needs or the family's abilities accurately. And they must plan together for visits between the family and the child, and supervision of the child in the family's home. The Interstate Compact and other paperwork must be completed, to confirm all the agreements that the two agencies make.

Adopting a child from another state may be challenging, but it is certainly not impossible. Being prepared with a little knowledge beforehand can help you to have realistic expectations, and this can also help you in encouraging everyone involved to keep the process moving. Many families adopt across state lines every year. All of them agree that, in spite of the extra time it took to adopt them, their children are worth every minute!

*****
Find out who your state administrators are for the Interstate Compact on the Placement of Children (ICPC) and the Interstate Compact on Adoption and Medical Assistance (ICAMA) in our State and National Resources.

This article originally appeared in a slightly different format in NACzine: The National Adoption Center Internet Magazine, Issue 26, May 2004.