Who Can Adopt A Child?

Who is eligible to adopt a child? More than likely, you are! Most adults in the United States are eligible and able to adopt a child. You can be married, single, younger, or older. You may have a small (or large) income, be first-time parents, or already have children. Having a disability or health issues do not automatically disqualify you from adopting. And while there are requirements for hopeful adoptive parents, you do not need to be “perfect parents” in order to adopt. Children simply need someone who will provide a loving, caring, and safe environment – someone who will make them a permanent part of their family.

Adoption Requirements

The requirements to adopt are different based on the type of adoption you choose – domestic, international, or foster-adopt.

Domestic & Foster Adoptions:

Requirements set by state law
Adoption agencies can have additional requirements (age, marital status, etc.)

International Adoptions:

U.S. citizens must first be eligible to adopt under U.S. law (determined by the federal agency U.S. Citizenship and Immigration Services)
If unmarried, you must be at least 25 years old
If married, you must jointly adopt the child
Must also meet your home state’s adoption requirements
Each foreign country has its own requirements for adopting parents

Age Requirements for Adoption

Adoption agencies can have age limits or want adoptive families to be at least 10 years older than the child they are adopting. Several states have set age requirements of adoptive parents to be at least 18, 21, or even 25 years old. Some countries (such as China) have a required age range, where both parents much be between the ages of 30 and 50.

Resident Requirements for Adoption

Some states require the prospective adoptive families to be residents of the state in which they will adopt. Other states make residency exceptions for military families. For some international adoptions, the country’s law may require at least one adopting parent to travel to that country to complete documentation in person.

Single-Parent Adoption

In most states, any single adult can be eligible to adopt. For international adoption, it depends on the country. For example, China currently allows adoption only by married couples, defined as one man and one woman, who’ve been married at least two years.

Same-Sex Adoption

The adoption laws in most states do not mention sexual orientation when defining the requirements to adopt. There are a few states and some countries that specifically prohibit adoption by same-sex couples.

It is important to always seek the advice of a qualified adoption attorney so he or she can explain the current adoption laws in your state or refer you to an adoption attorney who practices in another state or internationally.