Federal laws provide overarching standards with which State adoption laws must comply. New Federal legislation generally obligates States to enact new laws. In some cases of intercountry adoption, international treaty requirements regulate adoption as a result of the United States becoming party to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption (Hague Convention). This international treaty implements safeguards for all parties in adoptions involving countries that have joined the Convention.
In this article you will find links to Federal laws relating to adoption. Resources include summaries of major Federal legislation that has influenced adoption practice, listed with the most recently enacted law first.
| Major Federal Legislation Concerned With Child Protection, Child Welfare, and Adoption | |
| Series Title: | Factsheets |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF – 304KB) |
| Year Published: | 2011 – 23 pages |
| Summarizes the major provisions of key Federal laws regarding child protection, child welfare, and adoption. Includes a timeline of Federal child welfare legislation. | |
Laws Governing Intercountry Adoptions
U.S. Department of State
Provides information about about the Intercountry Adoption Act of 2000 and relevant sections of the Immigration and Nationality Act.
Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351)
Child Welfare Information Gateway
Features links to a legislative overview, implementation guidance from the Children’s Bureau, and other resources providing additional information on the Fostering Connections Act.
Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351)
Legislated to promote permanency and improve outcomes for children in foster care through policy changes in six key areas: (1) support for kinship care and family connections, (2) support for older youth, (3) coordinated health services, (4) improved educational stability and opportunities, (5) incentives and assistance for adoption, and (6) direct access to Federal resources for Indian Tribes.
Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption
Established requirements for all adoptions that occur between U.S. families and those in other countries that signed the treaty. The convention concluded on May 29, 1993, and entered into force in the United States on April 1, 2008.
Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-248)
Required fingerprint-based checks of the national crime information databases (NCID) for prospective foster or adoptive parents and checks of child abuse and neglect registries in States in which the prospective foster or adoptive parents and any other adults living in the home have resided in the preceding 5 years.
Child Citizenship Act of 2000 (P.L. 106-395)
Allowed foreign-born adopted people to become automatic U.S. citizens when they entered the United States, eliminating the legal burden of naturalization for intercountry adoptions.
Children’s Health Act of 2000 (PDF – 458 KB)
Authorized funds for recruiting adoptive families for children with special needs.
Intercountry Adoption Act of 2000 (P.L. 106-279)
Implemented legislation for the Hague Adoption Convention.
Adoption and Safe Families Act (ASFA) of 1997 (P.L. 105-89)
Stressed permanency planning for children and represented a policy shift away from family reunification and toward adoption.
MEPA/IEAP
Children’s Bureau, U.S. Department of Health and Human Services
In Child Welfare Policy Manual
Provides Federal interpretations of MEPA in a question-and-answer format. Responses were initiated by State child welfare agencies’ inquiries.
Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272)
Offered significant funding to States that supported adoption assistance (subsidy) programs for adoptions of children with special needs, established permanency planning, and devoted resources to family preservation, reunification, and the prevention of abuse, neglect, and child removal.
Indian Child Welfare Act (ICWA) of 1978 (P.L. 95-608)
Passed because of a long history of displacement of Native American children. ICWA gives Tribes, rather than States, oversight for the placement of Tribal children.
Social Security Act of 1935
Many of the major child welfare laws such as The Adoption Assistance and Child Welfare Act of 1980 and the Adoption and Safe Families Act build or amend the initial social security act of 1935.
The above information is an excerpt from an article entitled Federal Laws Related to Adoption published by the Children’s Bureau, Administration for Children and Families, U.S. Department of Health and Human Services. The full article can be found here.