Thinking of adopting a child or already in the process of doing so? There are several types of adoptions that might apply, from an agency adoptions to stepparent adoptions and more. Further, adoptions may involve parents who live in the same state as the child they are adopting (intrastate adoptions) or may involve parents who live in a different state (interstate adoptions).
An interstate adoption is an adoption of a child who lives outside of Pennsylvania by an individual or a couple who lives within Pennsylvania. These cases may be more complex than intrastate adoptions because they involve two different states as well as the Interstate Compact on the Placement of Children. Each state must consent to the adoption before it can be final.
Here’s what you need to know if you’re interested in adopting a child in another state. And if you need help with this process, call ARM Lawyers at (570) 424-6899. We’ll help with the complex legal proceedings.
Intrastate vs. Interstate Adoptions
It is important to recognize the differences between an intrastate and interstate adoption – confusing the two can result in a delayed process. In an intrastate adoption, the adoption will be subject only to Pennsylvania laws. For an interstate adoption, however, the adoption will have to meet the requirements set forth by the Interstate Compact on the Placement of Children (ICPC).
The Interstate Compact on the Placement of Children is an agreement that provides guidelines for adoption, fostering and placement of children coming from out of state. All 50 states, as well as the District of Columbia and the U.S. Virgin Islands, enacted the ICPC.
The Compact helps ensure the child receives necessary services, the adoption’s compliance with each state’s laws and monitoring during the transition. Before completing an adoption, you must present evidence that your adoption meets the requirements for the ICPC.
While there are many differences of interstate and intrastate adoptions, there are also some similarities. For example, in both types of adoption, the adopting individual or couple must submit to a background check and a home interview to ensure that the adoptive parents can provide a safe and caring environment. Further, multiple parties will have to consent to the adoption. Below are some of the parties that must consent, per Pennsylvania Code Section 2711.
- The child if older than age 12
- The adopting parent and his or her spouse
- The guardian of an incapacitated adoptee
- The parent(s) of the child being adopted
An Attorney Can Help with the Legalities of an Adoption
When filing for adoption, especially an interstate adoption that involves two states and additional paperwork, having the help of an attorney can help make the process go more smoothly. An attorney who understands adoption and the Interstate Compact on the Placement of Children laws can help correctly fill out all forms and file them in a timely manner. Your lawyer also can help you adequately prepare for your home interview, finalize the process and obtain the child’s new birth certificate.
While you do not have to hire an attorney, one can be beneficial in easing the complications of an interstate adoption. If you have questions and would like to receive a free case consultation regarding your situation, contact the attorneys at ARM Lawyers, LLC. Our attorneys will guide you through what you need to know about interstate adoptions and will work on your side to help you bring a child into your life. If you are ready to speak with us today, call (570) 424-6899 to begin.