How to Adopt a Child: The Complete Guide

Adoption is one of the most rewarding decisions a person or couple can make. It is also one of the most complex legal processes in family law. Unlike having a biological child, adoption requires court approval, government oversight, and evaluations designed to protect the child’s welfare.

At its core, the adoption process follows a predictable sequence: you submit an application, complete a home study, get matched with a child, go through a supervised placement period, and finalize the adoption in court. Most adoptions take 1 to 3 years, though the timeline depends on the type of adoption you pursue. Foster care adoption can move in as little as 6 months, while domestic infant adoption may take up to 5 years.

This guide covers the entire adoption landscape—types of adoption, who qualifies, what happens at each step, costs, timelines, and the legal issues you should prepare for.

Types of Adoption

The type of adoption you choose determines your timeline, cost, legal requirements, and the age of the child you are likely to adopt. Here are the five main paths.

Domestic Infant Adoption

Domestic infant adoption involves adopting a newborn or young infant in the United States through a licensed adoption agency or an adoption attorney. The birth parent voluntarily places the child and, in most cases, selects the adoptive family.

The wait for a match typically ranges from 1 to 5 years. Costs range from $25,000 to $50,000. Most domestic infant adoptions today are at least semi-open, meaning the birth parent and adoptive family maintain some level of contact.

Foster Care Adoption

Foster care adoption involves adopting a child from the public child welfare system whose birth parents’ rights have been terminated by the court due to abuse, neglect, or abandonment.

Foster care adoption is the most affordable path, costing $0 to $2,500 because the state subsidizes the process. Children tend to be older (age 3 and up), and sibling groups are common. The timeline is typically 6 to 18 months. Approximately 110,000 to 120,000 children in the U.S. foster care system are waiting for permanent families.

International Adoption

International adoption involves adopting a child from another country. It is governed by U.S. federal law and the child’s country of origin. Countries that are signatories to the Hague Convention on Intercountry Adoption require you to work with a Hague-accredited agency.

Costs range from $25,000 to $60,000, including agency fees, travel, immigration processing, and legal fees in both countries. Timelines typically span 1 to 4 years. International adoption has declined in recent years as many countries have tightened requirements or closed their programs.

Stepparent Adoption

Stepparent adoption is the most common type of adoption in the United States. It occurs when a married person legally adopts their spouse’s child from a prior relationship. The other biological parent must consent or have their parental rights terminated by the court.

It typically costs $1,500 to $5,000 and takes 3 to 6 months when uncontested. For a detailed walkthrough, see our guide on stepparent adoption.

Kinship and Relative Adoption

Kinship adoption (also called relative adoption) occurs when a grandparent, aunt, uncle, or other family member adopts a child already in their care—often because birth parents cannot care for the child due to substance abuse, incarceration, or illness.

Many states have streamlined procedures for kinship adoptions, including waived home study requirements. Costs are generally lower, and courts tend to favor keeping children within the family.

Adoption Requirements

Adoption requirements vary by state and by the type of adoption you pursue, but most share common eligibility criteria.

Age. Most states require adoptive parents to be at least 21 years old. Some agencies set higher minimums, such as 25. There is generally no maximum age, though some international programs have upper age limits.

Marital status. Married couples, single individuals, and unmarried partners can all adopt, though the specific rules vary by state and agency. Single parent adoption is permitted in all 50 states.

LGBTQ+ adoption. Same-sex couples have the legal right to adopt in all 50 states. Some faith-based agencies have obtained exemptions to decline placement with same-sex couples, but public agencies and most private agencies do not discriminate.

Income and finances. You do not need to be wealthy. Courts and agencies look for financial stability—the ability to meet a child’s basic needs. Renters can adopt.

Criminal background. All prospective parents must pass federal and state criminal background checks. Felony convictions involving violence, child abuse, or sexual offenses are disqualifying. Other criminal history is evaluated case by case.

Residency. Some states require a minimum residency period. International adoption requires U.S. citizenship for at least one parent. Interstate adoptions must comply with the Interstate Compact on the Placement of Children (ICPC).

The Adoption Process Step by Step

While each adoption is unique, the process follows a general sequence. Here are the eight key steps from start to finish.

1. Research and choose an adoption type. Consider your timeline, budget, preferences regarding the child’s age, and your comfort level with openness. For an in-depth breakdown, see our guide on the adoption process.

2. Select an agency or attorney. For agency adoptions, choose a licensed, accredited organization. For independent adoptions, work with an attorney who specializes in adoption law. Interview multiple providers before committing.

3. Complete the application and background checks. You will fill out a detailed application covering your personal history, finances, health, and motivation to adopt. Criminal background checks, child abuse registry checks, and fingerprinting are required.

4. Complete the home study (3 to 6 months). A licensed social worker evaluates your home, interviews household members, reviews your finances, and checks references.

5. Wait for a match (varies widely). For domestic infant adoption, you create a profile that birth parents review. For foster care, your social worker identifies children whose needs match your family. For international adoption, the child’s country assigns a referral.

6. Placement. The child is placed in your home—at the hospital for newborns, through a transition plan for foster care, or via travel abroad for international adoption.

7. Post-placement supervision. A social worker visits your home 2 to 4 times over several months to confirm the placement is stable. These visits are required before finalization.

8. Finalization in court. A judge reviews the case and issues a final adoption decree. The hearing is typically brief—15 to 30 minutes—and often celebratory.

The Home Study

The home study is the most involved step in the adoption process and is required for nearly every type of adoption. Conducted by a licensed social worker, it evaluates your readiness to adopt and educates you about adoptive parenting.

What it includes:

• Interviews. Individual and joint interviews covering your childhood, relationships, parenting philosophy, and motivation to adopt.
• Home inspection. A safety check of your home—smoke detectors, secure storage for medications and firearms, adequate space. This is not a white-glove inspection.
• Financial review. Documentation of income, expenses, debts, and insurance to confirm stability.
• Medical exams. A physician’s statement confirming each prospective parent is healthy enough to parent.
• References. 3 to 5 personal references (typically not family members) who can speak to your character.
• Background checks. Criminal history, child abuse registry, and sex offender registry checks for all adults in the household.
• Training. Most states require adoptive parent education covering attachment, trauma-informed parenting, and adoption-specific issues.

Cost: $1,000 to $3,000. Timeline: 3 to 6 months from start to approval.

How to prepare. Be honest. Social workers are looking for self-aware families, not perfect ones. A modest income, a small home, or a past mistake does not automatically disqualify you.

How Much Does Adoption Cost?

Adoption costs vary dramatically by type. The following table provides realistic ranges based on current data.

These totals typically include agency fees, attorney fees, home study fees, court costs, and—for domestic infant adoption—birth parent living expenses where permitted by state law.

Financial assistance is available. Cost does not have to be a barrier.

• Federal adoption tax credit. Up to $17,280 per child (2025 figure, adjusted annually for inflation). Applies to all types except stepparent adoption.
• Employer adoption benefits. Many large employers offer $2,000 to $25,000 in adoption assistance.
• Adoption subsidies. Children adopted from foster care often qualify for monthly subsidies, Medicaid, and educational assistance through age 18 (or 21 in some states).
• Grants. Organizations like the National Adoption Foundation and Gift of Adoption Fund offer $2,500 to $15,000 in grants for qualifying families.

How Long Does Adoption Take?

The timeline depends primarily on the type of adoption.

• Foster care adoption: 6 to 18 months from licensing to finalization.
• Domestic infant adoption: 1 to 5 years, with most time spent waiting for a match.
• International adoption: 1 to 4 years, depending on the country.
• Stepparent adoption: 3 to 6 months when uncontested. Contested cases can take 1 to 2 years.

Factors that affect your timeline include your state’s procedural requirements, the age of the child you hope to adopt, your agency’s efficiency, and—for interstate adoptions—ICPC processing times. Incomplete paperwork is the most common cause of preventable delays.

Open vs. Closed Adoption

Open adoption means the birth parents and adoptive family maintain some form of contact—from exchanging letters and photos (semi-open) to direct visits (fully open). Closed adoption means no identifying information is shared and there is no contact between families.

The trend in domestic adoption has moved strongly toward openness. Research shows that open adoption benefits children by giving them access to their biological history and reducing feelings of abandonment. It also benefits birth parents, who report lower levels of grief when they know their child is thriving.

Open adoption is not co-parenting. The adoptive parents remain the child’s legal parents with full authority. The level of openness is agreed upon before placement and can evolve over time. From the child’s perspective, access to information about their birth family supports healthy identity development.

Legal Considerations

Adoption involves several critical legal issues that require careful attention.

Termination of parental rights. Before an adoption can be finalized, the birth parents’ legal rights must be terminated—voluntarily through consent or involuntarily through a court proceeding. Involuntary termination requires grounds such as abandonment, abuse, or neglect, and demands a high standard of proof.

Consent requirements. Birth parent consent cannot be given until after the child is born. Most states impose a revocation period—24 hours to 30 days—during which the birth parent can withdraw consent. After it expires, consent is generally irrevocable.

Interstate Compact on the Placement of Children (ICPC). If the child and adoptive parents live in different states, the adoption must comply with ICPC—an agreement among all 50 states governing interstate placements. ICPC approval can add weeks or months to the process.

Second-parent adoption. In some states, an unmarried partner can adopt their partner’s child through second-parent adoption, which functions like stepparent adoption but does not require marriage.

Adoption finalization hearing. A judge reviews the home study, post-placement reports, and consent documents, then confirms the adoption is in the child’s best interest and issues the final decree.

Working with an attorney. Adoption law varies by state. An experienced adoption attorney can navigate consent requirements, ensure ICPC compliance, review agency contracts, and represent you in court.

After the Adoption

Adoption does not end at the finalization hearing. There are several important steps and ongoing considerations.

Amended birth certificate. After finalization, the state issues a new birth certificate listing the adoptive parents. The original is sealed in most states, though laws on access vary—some states allow adult adoptees to obtain their original records, while others require a court order.

Tax credits and benefits. Claim the federal adoption tax credit for the year the adoption is finalized. Employer adoption benefits may also be excludable from income. Children adopted from foster care may continue receiving monthly subsidies and Medicaid.

Post-adoption support. Many families benefit from adoption-competent therapists, support groups, and cultural resources. Talking openly with your child about their adoption story supports healthy development.

Frequently Asked Questions

What happens during the adoption finalization hearing?

A judge reviews the completed home study, post-placement reports, and all consent documents to confirm the adoption is in the child’s best interest. The hearing typically lasts 15 to 30 minutes and is often celebratory. Once the judge issues the final adoption decree, the child becomes your legal child with all the rights and responsibilities of a biological child, and a new birth certificate is issued.

What is the Interstate Compact on the Placement of Children (ICPC)?

The ICPC is an agreement among all 50 states that governs the placement of children across state lines for adoption. If the child and adoptive parents live in different states, ICPC approval must be obtained before the child can travel to the adoptive family’s home state. This process can add weeks or months to the timeline.

How does open adoption work, and is it legally binding?

In open adoption, the adoptive family and birth parents maintain some level of contact, ranging from exchanging letters and photos to direct visits. About 28 states recognize post-adoption contact agreements that may be enforceable in court, but violating them does not affect the adoption itself. In states without such laws, the arrangement relies on good faith.

What financial assistance is available for adoptive families?

The federal adoption tax credit covers up to $17,280 per child in qualified expenses. Many employers offer $2,000 to $25,000 in adoption assistance benefits. Children adopted from foster care often qualify for monthly subsidies and Medicaid through age 18 or 21. Nonprofit organizations like the National Adoption Foundation and Gift of Adoption Fund offer grants ranging from $2,500 to $15,000.

What to Do Next

If you are considering adoption, here are practical steps to get started:

1. Decide which type of adoption fits your family. Consider your budget, timeline, and preferences about the child’s age. There is no single “best” path—only the one that works for your situation.
2. Research agencies and attorneys in your state. Attend informational sessions and interview multiple providers before committing.
3. Start gathering documents. Birth certificates, marriage certificates, financial statements, tax returns, and medical records will all be needed. Starting early avoids delays.
4. Talk to families who have adopted. Firsthand experiences help you prepare emotionally and practically.
5. Consult a family law attorney. An experienced attorney can explain your state’s requirements, review agency contracts, and guide you through the legal process. Schedule a free consultation to discuss your next steps.

How This Guide Was Researched

This guide was created by reviewing publicly available legal information from official state statutes, judiciary websites, court resources, and family law publications. The goal is to explain family law topics in plain English so readers can better understand the process before speaking with an attorney.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• Child Welfare Information Gateway – Adoption
• State Adoption Laws – Child Welfare Information Gateway
• Intercountry Adoption – U.S. Department of State
• IRS Adoption Credit
• ABA Family Law Section Resources

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Learn more about related family law topics:

• How custody is determined
• How to file for divorce
• Child custody laws explained
• Complete guide to divorce
• 50/50 custody

Last updated: March 2026. This guide summarizes general legal information based on publicly available sources and is provided for educational purposes only. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in your state.