26 Feb How to adopt out-of-state under Tennessee adoption laws
First steps for an out-of-state-adoption under Tennessee adoption laws
Children often find new homes with families from other states. If you’re thinking of out-of-state adoption, the process in Tennessee is similar to adopting in-state.
The same rules apply about who can adopt and how to get approved. The only difference is prospective parents have to comply with the laws in both states. These rules also apply to private adoption and adopting from the foster-care system.
The U.S. Department of Human Services has a handy page to help prospective parents figure out what laws apply to their adoption process. It is provided by Child Welfare Information Gateway, a service of the Children’s Bureau, Administration for Children and Families. Find it here.
Here are a few additional things to know about completing an out-of-state adoption.
What is the Interstate Compact on the Placement of Children?
The Interstate Compact on the Placement of Children is a uniform law enacted in all 50 states, District of Columbia and the U.S. Virgin Islands, which acts as the guiding document for the process of adopting children across state lines.
The compact establishes uniform rules and processes in the out-of-state adoption process to ensure the protection of children who are placed across state lines for foster care, temporary placement for services in residential treatment facilities between party states, or as a preliminary to adoption.
It requires that the prospective parents must comply with the laws in the child’s home state before the adoption can be approved. The compact was created to protect the best interest of the child.
It is not to be confused with the Interstate Compact for Juveniles, which governs the movement of youths on probation, or parole, coming into and out of Tennessee.
Can DCS do a home study?
The Tennessee Department of Children’s Service will do a home study for any Tennessee resident who wishes to adopt across state lines for children who are in the custody or guardianship of the public child welfare agency in another state.
If the child is being placed directly by a birth parent, adoption agency or the court, the prospective parent must contract with a Tennessee-licensed private agency for an adoptive study and post-placement supervision, if appropriate.
If the prospective parent is a foster parent in Tennessee DCS will send a copy of the home study, with permission.
For questions regarding family law or Tennessee adoption laws, contact the Law Office of Michael Craig and we’ll be glad to assist you.