Requirements / Can I Adopt?

Can I Adopt? A Guide to Adoption Eligibility in the U.S.

Adoption can be one of the most meaningful decisions a person or couple makes but it also comes with a series of legal, emotional, and practical requirements. Whether you’re exploring domestic, foster care, or international adoption, it’s essential to understand what makes someone eligible to adopt. This article outlines key requirements, recent policy changes, and what prospective adoptive parents should expect.

Who Can Adopt in the U.S.?

There is no single national law that sets eligibility to adopt. Instead, the requirements vary based on:

• State laws
• Adoption type (domestic, foster, international)
• Agency policies
• Country of origin (for international adoptions)

Basic Eligibility Requirements (Common Across States):

• Must be an adult (18+ in most states)
• Must be able to demonstrate financial stability
• Must pass criminal background checks
• Must complete a home study (an in-depth review of your home and lifestyle)
• Must be physically and emotionally capable of parenting

Age Requirements: No One-Size-Fits-All

Domestic Adoption:

• Some states require adoptive parents to be at least 21 or 25 years old.
• Several states (e.g., California, Georgia, Nevada, Utah) require the adoptive parent to be at least 10 years older than the child.
• There is no federal maximum age limit; however, some private agencies may have their own upper age limits (e.g., preferring parents under 50).

International Adoption:

• U.S. law (via USCIS) requires:
  • Adopters to be at least 25 years old if unmarried
  • At least one adoptive parent must be a U.S. citizen
• Sending countries may impose:
  • Age caps (e.g., under 45 or 55)
  • Required age differences between parent and child
  • Limits on single or LGBTQ+ applicants

Marital Status, Sexual Orientation & Household Types

Adoptive parents can be:

• Single, married, divorced, or widowed
• Same-sex or opposite-sex couples
• Living with a partner (though some agencies may require legal marriage)
• Parenting biological or adopted children already

Notes:

• Some faith-based or international agencies may limit adoption to heterosexual married couples.
• Many states now prohibit discrimination based on marital status or sexual orientation for public agency adoptions.

Adoption from Foster Care

Foster care adoption often has the fewest barriers:

• No adoption fees (or very low)
• Financial support often provided (subsidies, medical coverage)
• Training and certification required (usually 20–30 hours)
• Children available for adoption tend to be:
  • Older (over age 7)
  • Part of a sibling group
  • Have special needs (emotional, physical, or developmental)

Important: While people often hope to adopt infants from foster care, this is uncommon. Most younger children are reunified with their birth families or placed with relatives.

International Adoption: Additional Requirements

As of June 2024, the USCIS clarified Hague Convention adoption rules, including:

• Families must complete home study and receive approval before identifying or traveling to meet a child.
• Only Hague-accredited agencies may facilitate adoptions from Hague Convention countries.
• Parents must follow a specific legal sequence or risk immigration denial for the child.

Some country-specific examples:

• Colombia: Open to single and LGBTQ+ applicants.
• China: Typically requires married couples aged 30–49.

India: Accepts single applicants and has a preference for Indian-American families.

The Home Study Process

The home study is a detailed assessment conducted by a licensed social worker. It usually includes:

• Interviews (individual and joint, if a couple)
• Home visits to ensure safety
• Background checks (including FBI, child abuse registry, and local clearances)
• Financial and health reviews
• Reference letters
• Parenting readiness evaluation

Timeline:

• Average duration: 3 to 6 months
• Can take longer (6–18 months) for international adoption or when issues arise

Adult Adoption: A Growing Option

You can legally adopt an adult in most states, especially in situations where:

• There’s a long-term foster or mentor relationship
• The adult seeks legal recognition of a parent/child bond
• Inheritance rights or other legal protections are needed

Important: Adult adoption cannot be used to confer immigration benefits.

Financial Requirements & Tax Benefits

While you don’t have to be rich, you must show you can provide for a child. That includes:

• Stable income
• Clean debt to income ratio
• Ability to maintain housing, food, clothing, etc.

Adoption Tax Credit (2025):

• Up to $17,280 per child
• Nonrefundable beyond $5,000 (carryforward allowed)
• Phases out for high-income households (approx. $239,230–$279,230)

Common Misconceptions

Myth	Reality
You must be married to adopt	Single people adopt every year
You must be wealthy	Financial stability is enough
Older parents can’t adopt	Many adopt in their 40s or 50s
LGBTQ+ people can’t adopt	In most states, they can
Only infants are adoptable	Most available children are older or part of sibling groups

Getting Started on Your Adoption Journey

Every adoption journey is different. While requirements may feel daunting, most people find the process manageable with support and good guidance.

Steps to begin:

1. Research state-specific laws through your state’s child welfare agency
2. Choose your adoption path (foster, private domestic, international)
3. Connect with a licensed agency or attorney
4. Begin your home study
5. Join a support group or forum to learn from others

 

Resources

Child Welfare Information Gateway

U.S. State Department: Intercountry Adoption

USCIS: Adoption Guidelines

National Council For Adoption (NCFA)