Interstate Adoption~Children from CA to family in TX?

Question

My husband and I have been offered the opportunity to adopt a baby from California, but we live in Texas. Do you know what it takes to adopt in that situation? Is it harder to do interstate adoptions? How can we get the process started and do CA laws apply to Texas residents? Or do Texas laws superceded California's?

Answer 1

You need to hire an adoption attorney.  They will tell you whether you need to follow TX or CA adoption laws.  Generally you would travel to CA to pick up the baby and stay there while they terminate parental rights and get the interstate compact stuff taken care of with the court in CA.  Once it is signed you will be allowed to leave CA and return to TX.  It should take no longer than 2 weeks to get back to TX.  Then if you follow TX law you would wait 6 months to finalize and you would have social worker visits at intervals to check up on the baby.

Answer 2

We did an interstate adoption - the only thing I'd add is that typically you have to be approved in both states to adopt. Since most of the requirements are similar, it's usually pretty easy.

For post placement visits from a social worker (which is typically required at certain intervals in the first 6 months to be sure everyone is adjusting OK) some states require a certain number of phone interviews and in person interviews - they usually go with the state that has the more stringent requirement. Also, you can choose to have your adoption finalized in either California or Texas. Our son was born in Texas, we chose to finalize there instead of the state where we live.

Good luck!

Answer 3

I have heard of people having issues with interstate adoption.  Each state's laws are different.  You have to be approved to adopt in both states.  You have to ADOPT in both states, in some cases (depending on state laws).  And in some other cases, there is a third procedure that is specific for interstate adoption (again, depending on the state's laws).  One couple that I know of adopted a child in one state, re-adopted in the other, but didn't know about the third procedure for interstate adoption (their lawyer didn't know about it, either), and they had some pretty severe legal issues.  Make sure your lawyer checks laws in both states thoroughly.

Answer 4

Actually, you won't have to stay there while parental rights are terminated. You will however have to stay there while the interstate pact paperwork is processed and that can take up to a business week.

Interstate adoption isn't unusual, or any more difficult.

Are you using an agency? You need a background check, home study and many other things to even START an adoption. These things must be done before you bring baby home and they can take weeks or months to complete. You will have to do at least one follow up home study visit when you get the baby home.

I am not sure how this opportunity came to pass, but I hope it is with the help of a reputable adoption agency.