Statistics published by the U.S. Census Bureau show that approximately 1.7 million American households have at least one adopted child. While the laws regulating adoption vary from state to state, there are general adoption guidelines, which adoption agencies and states must follow. Except for the standard adoption procedures required by law, some of the other rules are flexible and exceptions are often made. Depending on the individual circumstance, sometimes certain qualification requirements may be waived.
Marital Status
Single parent adoptions have long been an issue of debate. Even when a single adoptive parent meets all the other requirements for adoption, birth parents are usually looking for a traditional two-parent family for their child. The average requirement for married couples adopting a child is being married for at least three years. If one or both adopting parents were previously married and divorced, as long as their current marriage is stable and both want to adopt a child, as long as they meet the other criteria, the couple will be allowed to adopt. Although adoption agencies can have different policies directing the requirements for adoptive parents, the goal of adoption is the same---to find a stable environment in which to place a child.
Health of Adopting Parents
Adoption agencies look for adopting parents in good health. Even so, adopting parents who have a physical disability can adopt a child as long as the disability will not prevent the adoptive parent from providing the physical care and emotional nurturing that a growing child needs. The American with Disabilities Act says that many individuals with disabilities still qualify to be considered as adoptive parents and may not be denied based solely on a parent's disability. However, if a particular disability poses a genuine concern, an individual may be turned down as a possible adoptive parent. A disabled parent who already has children for whom she cares often has a better chance of adopting. Agencies also tend to give healthy, infertile couples preference as adoptive parents when it comes to placing healthy infants. Because of the health risks associated with exposure to second-hand smoke, some adoption agencies are now disqualifying adoptive parents who smoke. Other agencies will not place a child in a home where an adoptive parent drinks alcohol. Most agencies will screen out individuals who have a history of alcohol or other substance abuse.
Age
Although legally an adoptive parent must be at least 18 years old, the standard rule of adoption agencies requires that adoptive parents be at least 20 years older than the child they want to adopt. Some agencies make exceptions. At the other end of the age range, adoptive parents are not expected to be more than 40 years older than the child they are adopting. However, exceptions are often made when prospective adoptive parents are highly active and in excellent health. In fact, some birth mothers prefer placing their children with an adoptive couple who is more mature. With the increasing numbers of baby boomers, cultural perceptions about aging are changing, opening the door to more older parent adoptions. Older adoptive parents are just as capable as younger parents, and because of their experience and maturity often have more patience with children. As a result, more adoption agencies are placing infants with older adoptive parents who are seen as being financially stable, emotionally mature and in long-time relationships.
Sexual Orientation
With adoption laws varying from state to state, gay and lesbian individuals or couples who want to adopt a child can find themselves facing a complicated legal process. Some state adoption policies disqualify any unmarried couples from adopting, which automatically exclude gay couples as prospective adoptive parents. Several states have enacted legislation specifically banning gay singles or couples from petitioning for adoption. To complicate matters more, adoption policies can vary among agencies or counties within the same state. Although some states do not specifically prohibit adoptions by gay or lesbian singles, they do not allow adoptions by same sex couples. In cases where the rights of individuals to adopt are not discriminated against because of marital status or sexual orientation, gay and lesbian adoptive parents are evaluated on their abilities to meet the needs of the child. Because adoption laws pertaining to gay parents can differ or are often unclear, if you are thinking about adopting, consult with a qualified attorney for clarification of your legal rights under your state's laws.
