Adopting State to State - Do your home State have to give approval for you to re-enter the with your child?

Question

A friend of mind has adopted a child on the East Coast and after two days was given permission by that state to leave the state with the child. The Adoption Agency say she has to stay in that other state until her home state, West Coast, gives approval for her to enter back home with the child. My question, if the child is a U.S. Citizen, and has been cleared by the other state to leave, why does the adoptive parent's home state has to give her permission to enter with the baby? It has been 5 days since the child was cleared to leave the other state including the 2 day weekend. They are both U.S. Citizens. Why the additional waiting? Does anybody know?

Answer 1

Each state has their own rules and laws that have to be followed, and both states have to look at the paperwork, etc. to ensure that both states' laws have been followed.  Adoption laws are regulated at the state level, not the federal level, so it has nothing to do with citizenship really.

It takes so long because state #1 has to look at it, sign off, send the paperwork to state #2, who look at it, sign off and then send it back to state #1.

Not following this rule could put the placement/adoption into legal jeopardy.  Both states have to recognize and approve the adoptive parents legal right to have custody of the child.

Answer 2

We adopted our son in Texas, and the paperwork had to be approved by both Texas and our home state before we could go home - it took 2 weeks.

Typically the paperwork is OK'd first by the state in which the child was born, then it's sent to the state where the child will live. And you have to stay in the state where the child was born until both states OK the paperwork.

Ours took 2 weeks - and you can't count weekends or holidays, as no one is working in those government offices on those days!

Hopefully your friend will get the approvals quickly and be able to come home - I know it was a long 2 weeks for us, living in a hotel room with a newborn!

Answer 3

It is done that way because the laws of both states must be followed. There are certain things that are required by both states (consents, placement reports, and sometimes proof of notice to the father.) This is done with the intention of making sure all aspects of the adoption are legal. It takes long because after the state they are in approves it, their home state must look over everything as well. A consent that is valid in one state may not be valid in another unless certain provisions are met. Interstate adoption is governed by the ICPC, so the states must be in communication and agreement with each other, which can take some time.

Hope that helps.

Answer 4

Yes, both states have to review all the paperwork and consents to ensure the laws for both states were followed, and give permission. This is done through the ICPC office in each state (Interstate Compact on the Placement of Children)