Five Questions with Diane Hogan
- 1. Could you explain the process of an interstate adoption?
Like any domestic adoption, when you prepare to adopt interstate you must make sure to have a completed home study, criminal background records checks, child/sexual abuse report, and medicals up-to-date. Because each state has their own set of regulations, it is advisable to become a wise adoption consumer and learn the laws of the state or states from which you wish to adopt. If you sign with an agency or work with an attorney in another state, you will be asked for a completed home study and supporting documentation before a placement can happen.
Once a placement occurs, you travel to the state of the child's birth or the child's residence. Usually you follow the adoption laws of the "placing state." If married, both spouses should be present for placement, but after those papers have been signed, one spouse may leave. The other spouse must state in the state of the child's residence/birth until the Interstate Compact on the Placement of Children's Office (ICPC) approves their paperwork. Once the "placing state" approves, the paperwork (i.e. the placement papers, the hospital discharge papers, the termination papers/notifications, the home study) then paperwork goes to the "receiving state" of the adoptive family. The ICPC office in the adoptive family's home state also reviews the packet. If they approve, they contact the ICPC office of the "placing state" and give permission for the family to return home.
It takes about 5-10 business days for this process to transpire. An adoptive family does not have to stay in the city/town of the child's birth or residence, but they must remain in the placing state through the ICPC wait. It may be wise for adoptive families to consider states where they have family, friends, or affordable housing. Some families prefer to choose states where they have opportunities to use vacation travel points and trade in their points for lodging.
Remember, the ICPC offices are a part of our Federal government. As such, they close for holidays recognized by the Federal government. If your ICPC paperwork should be sent during a holiday time, your wait could be extended.
- What is a tri state adoption and have you experienced adoptions involving more than three states?
A tri-state adoption is not usual, but it is becoming more doable because of the impact of technology, the Internet, and agencies who have multiple state licenses. Yes, we have been involved in helping families navigate a tri-state adoption. Here is an example of how that can occur. If a birthmother is living in one state but contacts an agency in another state and feels comfortable with that caseworker, she may wish to work with that agency but not physically move to that state. The agency caseworker contacts another agency or law firm in the birthmother's state. The adoptive family may be from a third state. In this scenario, paperwork would flow from the placing state (location of birthmother) to the filing state (location of agency) to the receiving state (location of adoptive family).
- Are interstate adoptions significantly more expensive than intrastate
adoptions?
Yes, interstate adoptions can be a little more expensive, primarily because the adoptive family will incur travel and lodging expense that they may not incur in their home state. However, if a family realizes they are legally allowed to adopt across state lines, it opens up more opportunities. Especially for families who live in less-populated states or states where adoption laws are not favorable to the adoptive family.
- Other than ICPC are there any national/federal regulations that families
need to be aware of in these situations?
Yes, families from the State of NY need to be very aware of their state's adoption regulations. Typically an NY family must work with an agency approved by the State of NY adoption licensing agency. They can adopt interstate as long as they worked with an approved NY agency. They can also adopt through attorneys interstate as long as they are in line with NY's guidelines for bmom expenses, advertising restrictions and total adoption costs. The State of CT requires placing agencies to be certified by CT.
- In situations where more than one state is involved, which state governs
the procedures of the adoption?
Typically, the "placing state" holds the primary role in the governance of the adoption proceedings. Sometimes if a private (through law firms) adoption occurs interstate, there may be options to file paperwork by the "receiving state" vs. the "placing state." It is important to spend time educating yourself about the laws governing interstate adoption and not to be afraid to ask your placing agency or attorney for their assistance.
