Are you thinking about growing your family through adoption? If so, you may know that the adoption process is highly complex — especially if you are pursuing adoption across state lines. Fortunately, it is a process you do not have to navigate alone because Alward Fisher is here to help.
Our family law attorneys will support you through every twist and turn in your journey with compassionate, knowledgeable legal counsel. Nothing is more rewarding than celebrating the arrival of a new child with our clients. Contact us today to speak with an interstate adoption lawyer and learn how we help you make your dream of adopting a child a reality.
What Is Interstate Adoption?
An interstate adoption is one where the adopted child is in a different state than the adoptive parents. In an interstate adoption, the adoptive parents visit the child’s state, wait for approval, and return to their home state only after both states approve the adoption.
Reasons for Adopting Across State Lines
While out-of-state adoption has its challenges, there are many reasons families pursue it, including:
- More opportunities— Adopting across state lines offers adoptive families access to more potential children up for adoption. Interstate adoption will likely decrease the time an adoptive family must wait for an adoption opportunity.
- Space from birth family— Some adoptive families may prefer space between their adopted child and the child’s biological family.
- Specific criteria— Families searching for a child with particular criteria, such as a specific background, may need to adopt from another state.
What Are the Challenges of Interstate Adoption?
Adoptive parents will encounter several challenges while pursuing an interstate adoption, such as:
- Different state laws— Adoption laws are set at the state rather than the federal level. Your home state’s adoption laws may differ from the state where the child lives. You must also comply with both states’ laws to complete an adoption. Any deviation from either state’s law could result in an incomplete adoption.
- Short notice— You may receive little warning about an interstate adoption, requiring you to leave your home quickly for weeks or months. The short notice can be very challenging for adoptive families with working parents, other children, pets, or elderly family members to care for.
- Extended waiting periods— Interstate adoptions can take a long time. Adoptive families may face extended waiting periods while the approval process is underway.
Tips for an Interstate Adoption in MI
If you are planning an interstate adoption in Michigan, there are several ways you can prepare yourself for that important call, including:
- Plan for an extended stay— You may have to travel on short notice and stay in the child’s state for several weeks or even months. You should plan ahead for a long stay. Let your employer know about your pending adoption. You may be able to work remotely or take parental leave while you wait. Find a friend or family member who can take care of your home, pets, or children while you are away. Look for accommodations with flexibility.
- Save money— You might be surprised by how expensive adoptions can be. Between travel, extended stays away from home, time off work, adoption fees, home study completion costs, birth parent expenses, and court and legal fees, you may spend thousands or tens of thousands of dollars. Start saving money now.
- Have copies of your documentation— Have multiple hard copies and electronic copies of your adoption documentation, including proper forms, home study report, medical history, criminal background check verification, financial plan, and medical plan.
- Keep your home study up-to-date— Each state has different rules on how long a home study is valid. Generally, you should repeat a home study every 12 months.
- Consult an adoption attorney— Interstate adoption is complicated and stressful. You need an experienced, professional adoption attorney to guide you through the process and ensure you follow all state adoption laws.
ICPC: What It Is, Its Purpose, and Why It Matters
The Interstate Compact on the Placement of Children (ICPC) is a legal agreement among all 50 states, Washington, D.C., and the U.S. Virgin Islands that sets standards for adoption across state lines. According to the ICPC, interstate adoptions must be approved by both the child’s and the adoptive parents’ states before the child can move across state lines.
While this requires additional hurdles for adoptive parents, the ICPC’s purpose is well-intentioned. Before the ICPC, there were no standard adoption rules across state lines. The unfortunate result was children were placed in unfit homes. The ICPC helps ensure every adoption is in the child’s best interest.
Because complying with the ICPC is required for the interstate adoption process, you must appreciate its importance and follow its procedures. A knowledgeable adoption attorney with experience facilitating interstate adoptions can keep you on track to a successful adoption.
What to Expect During the Placement Process
Each adoption placement will differ according to the states involved, the child’s family situation, and the adoptive parents’ situation. Generally, the process is as follows:
- Birth mother’s consent— The birth mother must consent to the adoption. She should give her consent in writing.
- ICPC submission to the child’s state— The adoptive parents will submit the ICPC paperwork and supporting documentation to the ICPC office in the child’s state for approval. The ICPC administrator may request additional information, extending the process even longer.
- ICPC submission in adoptive parents’ state— After the ICPC office in the child’s state reviews and approves the submission, that office forwards the paperwork and supporting documentation to the office in the adoptive parents’ state. The ICPC administrator in this state may also request additional information, further extending the process.
- Final approvals— The ICPC office in the adoptive parents’ home state will inform the ICPC office of the child’s state that they have approved the adoption. The adoptive parents can now return home with their adopted child.
Consult with a Compassionate Michigan Attorney About Interstate Adoption
If you are considering an interstate adoption in Michigan, Alward Fisher can help you navigate this complicated process. When adding a new member to your family, you need an attorney you can trust and depend on. The attorneys of Alward Fisher have over 100 years of combined legal experience representing families in various legal matters. We would be honored to help you grow your family.
Contact us today to speak with a compassionate Michigan attorney about how you can adopt from another state.
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