Adoption Laws and Forms: 50-State Survey

Every US state has its own rules and procedures for adoption, so the process for adding a child to your family in this way will vary based on where you live. In addition to forms and documents you must file with the relevant court, each state has requirements related to things such as who can adopt, consent to adoption, putative father registration, and the role of adoption facilitators or intermediaries. You can read more here regarding a variety of other issues related to adoption that may apply in your situation.

As to who can adopt, rules differ across state lines, but in general adult residents of most states are eligible to adopt. People who are married typically need to petition for adoption jointly with their spouses, except in cases of stepparent adoption, legal separation, or other circumstances specified in state statutes. It is also possible for family members other than biological parents to adopt children. Despite these laws, in many states it remains legal for state-licensed child welfare agencies to discriminate against LGBTQ+ individuals and same-sex couples, so it is important to check the current law in your state if you are interested in adoption as an LGBTQ+ individual or same-sex couple.

Another significant issue relates to consent for the adoption to occur, not just by birth parents where appropriate, but also by adoptees. In most states children over a certain age (usually between 10 and 14) must consent to their own adoption, though courts can often waive this requirement if it is in the child’s best interest or under other circumstances. Where applicable, parental consent to adoption is often subject to a waiting period, such as 72 hours after birth, before it can be executed, and there may also be a revocation period during which a birth parent can change their mind regarding the decision to relinquish their parental rights. It is also important for birth parents as well as prospective adoptive parents to be aware of whether their state is one of the approximately two dozen jurisdictions that has a putative father registry, which is a system whereby putative fathers may receive notification of any action to terminate parental rights before an adoption can go forward.

Finally, prospective parents considering adoption will want to be familiar with the laws in their state related to the role that adoption facilitators or intermediaries may play. In many jurisdictions only licensed child placement agencies or attorneys may serve this function, and some states specifically prohibit payment for adoption facilitation. Still others do not explicitly address this issue in state statutes, making it advisable to consult legal counsel or a local child welfare agency for guidance regarding the rules on this topic where you live.

Click on the states below for an overview of some of the main rules and requirements governing adoption in each jurisdiction, along with links to the forms you may need to file as part of that process.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Alabama

• Who Can Adopt: Any resident of Alabama who is 19 or older may adopt. Spouses seeking to adopt must have been married for at least three years, and one spouse must be a US citizen.
• Age When Adoptee’s Consent Required: Age 14 and up unless the adoptee does not have mental capacity to provide consent.
• Putative Father Registry: Yes.

To adopt a child in Alabama, you may work with an adoption facilitator to obtain assistance and legal advice. A birth mother may give consent to an adoption in the presence of a probate judge before birth, or at any time after birth. A birth father may give consent at any time. If consent is given before the child’s birth, it may be revoked within five days of the child’s birth, or if given after birth, within five days of signing the consent. A nine-day extension on the time to revoke may be granted based on cause shown in a petition filed by a birth parent.

Alaska

• Who Can Adopt: In Alaska, spouses may adopt together, as may unmarried single people. An unmarried parent of the person to be adopted may adopt, as may a married person without their spouse if the person to be adopted is not their spouse and if they are separated, if the spouse is the consenting parent of the adoptee, or if the spouse fails to join the petition for adoption due to unusual or unreasonable factors.
• Age When Adoptee’s Consent Required: Age 10 except for cases in which the court dispenses with the consent requirement in the child’s best interest.
• Putative Father Registry: No.

If you are looking to adopt a child in Alaska, state statutes do not explicitly address whether you can do so with the help of an adoption facilitator. Birth parents can provide consent to adoption at any time after birth. Consent becomes irrevocable 10 days after it is given or 10 days after birth, whichever is later, except for cases in which a court finds that revoking consent would be in the best interest of the child.

Arizona

• Who Can Adopt: Any adult (age 18 or older) Arizona resident may adopt, including those who are legally separated. Married couples may adopt jointly.
• Age When Adoptee’s Consent Required: Age 12 and up; consent must be given in open court.
• Putative Father Registry:: Yes.

To adopt a child in Arizona, you can work with an adoption facilitator as long as they are affiliated with or employed by a licensed adoption agency, or if they are an attorney licensed in Arizona. Consent to adoption may be given 72 hours after a child’s birth, and is irrevocable except in situations involving duress, fraud, or undue influence.

Arkansas

• Who Can Adopt: In Arkansas, an unmarried adult may adopt, as may the unmarried adult parent of the person to be adopted, as well as a married couple even if one or both spouses are minors. A married person may adopt without their spouse if the spouse is a parent of the person to be adopted and consents to the adoption, if the couple is legally separated, or the spouse has failed to join the petition for reasons such as incapacity, unavailability, or prolonged absence.
• Age When Adoptee’s Consent Required: Age 12 and up except for cases in which the court dispenses with the consent requirement in the child’s best interest.
• Putative Father Registry: Yes.

If you are looking to adopt a child in Arkansas, state statutes do not explicitly address whether you can do so with the help of an adoption facilitator. Birth parents can consent to adoption at any time after a child’s birth. Consent may be revoked within 10 days of the child’s birth or the execution of the consent, whichever is later. Consent cannot be withdrawn after the final adoption decree is entered. Courts may waive the 10-day period for agencies, minors who have consented to their own adoption, or biological parents in cases of stepparent adoption.

California

• Who Can Adopt: Any adult may adopt in California, though they must be 10 years older than the adoptee unless the adoptive parent is a stepparent, sibling, uncle, aunt, first cousin of the adoptee, and is petitioning for the adoption jointly with their spouse if they are married.
• Age When Adoptee’s Consent Required: Age 12 and up.
• Putative Father Registry: No.

To adopt a child in California, you can work with an adoption facilitator as long as you report any associated fees or expenses to the court. A birth mother may consent to adoption at any time after being discharged, or after the child is discharged if the mother’s mental competency can be verified. In private adoptions, consent becomes irrevocable after 30 days unless the right to revoke is waived. In agency adoptions, consent generally becomes irrevocable after the Department of Social Services (DSS) acknowledges receipt of the parent’s relinquishment of the child or within 10 days after the agency files the relinquishment documents with the DSS (whichever is earlier), and can only be mutually revoked except in situations in which the placement of the child with a specified adoptive parent is not finalized, in which case there is a 30-day revocation window. For children with Native American heritage, consent cannot be given until 10 days after the child’s birth; consent may be withdrawn for any reason and at any time before the decree of adoption is final.

Colorado

• Who Can Adopt: Any adult who is 21 or older may adopt, and persons under 21 years of age may adopt with court approval. A married couple may adopt jointly unless they are legally separated, or one of the parties is the biological parent of the child or has previously adopted the child.
• Age When Adoptee’s Consent Required: Age 12 and older.
• Putative Father Registry: No.

To adopt a child in Colorado, you can work with an agency licensed by the state to facilitate the adoption. Consent to adoption may be executed at any time after birth, and can be revoked if birth parents can show fraud or duress within 91 days of the adoption placement.

Connecticut

• Who Can Adopt: Any adult in Connecticut may adopt, and married couples must generally petition jointly to adopt.
• Age When Adoptee’s Consent Required: Age 12 and up.
• Putative Father Registry: No.

If you are looking to adopt a child in Connecticut, state statutes do not explicitly address whether you can do so with the help of an adoption facilitator. A birth mother can give consent for an adoption 48 hours after the child is born. Consent becomes irrevocable after the final adoption decree is issued.

Delaware

• Who Can Adopt: Any adult resident of Delaware over the age of 21 may file a petition for adoption individually as a single person, individually as a divorced or legally separated person, jointly as part of a married couple that is not legally separated or living apart, or jointly as part of an unmarried cohabiting couple.
• Age When Adoptee’s Consent Required: Age 14 and up unless waived by the court in the best interest of the child.
• Putative Father Registry: Yes.

To adopt a child in Delaware, prospective parents may not use an adoption facilitator. A birth mother can consent to adoption at any time after birth, and a birth father can consent to adoption at any time. Consent becomes irrevocable 14 days after it is executed, and the child may be returned automatically in cases of mutual agreement.

District of Columbia

• Who Can Adopt: Any person in DC can adopt. If they are married, they must adopt jointly with their spouse unless the spouse is the adoptee’s natural parent.
• Age When Adoptee’s Consent Required: Age 14 and up.
• Putative Father Registry: No (DC has an acknowledgement of paternity system).

To adopt a child in Washington, DC, prospective parents cannot use an adoption facilitator; only a licensed child-placing agency or parent, guardian, or qualifying relative can assist with the placement of a child under age 16. If one or both birth parents execute a relinquishment of parental rights other than by court order, they may revoke their consent to adoption in writing within 14 days, and return of the child will be automatic.

Florida

• Who Can Adopt: Any unmarried adult in Florida may adopt, and married couples must adopt jointly except for in situations where one spouse is the adoptee’s natural parent and consents, or their failure to join in the adoption petition is excused by the court.
• Age When Adoptee’s Consent Required: Age 12 and up unless waived by the court in the best interest of the child.
• Putative Father Registry: Yes.

To adopt a child in Florida, prospective parents may work with an adoption entity, which is a licensed attorney or licensed agency. A birth mother may consent to adoption 48 hours after birth or on the day the mother is notified that they can be released from the birth center or hospital, whichever comes sooner. A birth father may consent to adoption at any point after a child is born. Parental consent to adoption of a newborn (within 48 hours of birth) becomes irrevocable once the consent is executed, and for children six months of age and older, three days after signing or placement; in both situations a showing of fraud or duress can invalidate the adoption consent. Similarly, an affidavit of nonpaternity can only be withdrawn upon a showing of fraud or duress.

Georgia

• Who Can Adopt: Residents of Georgia may adopt if they are at least 25 years old, or married and living with their spouse, or at least 21 years old and related to the adoptee. Adoptive parents must be 10 years older than the child to be adopted, except in situations where the parties are related or in stepparent adoptions. Married couples must petition jointly, except in cases of stepparent adoption.
• Age When Adoptee’s Consent Required: Age 14 and up, in open court.
• Putative Father Registry: Yes.

To adopt a child in Georgia, you may work with a child-placing agency recognized by the state or a licensed attorney in order to facilitate an adoption. Consent to adopt may be given at any time after a child is born; pre-birth surrenders are also allowed. Consent may be revoked within four days of signing.

Hawaii

• Who Can Adopt: In Hawaii, any single adult may adopt a child, as may any married couple petitioning jointly. The spouse of a child’s legal parent may also adopt them.
• Age When Adoptee’s Consent Required: Age 10 and older, unless the court waives this requirement in the best interest of the child.
• Putative Father Registry: No.

If you are looking to adopt a child in Hawaii, state statutes do not explicitly address whether you can do so with the help of an adoption facilitator. Consent to adoption may be given after the sixth month of pregnancy, though no judgement regarding a petition for relinquishment may be ruled upon until after the child is born, and a 10-day notice of a proposed entry of judgment and an opportunity for a hearing have been given. A relinquishment of parental rights may potentially be revoked by a court if it is in the child’s best interest.

Idaho

• Who Can Adopt: In Idaho, any adult resident of the state can adopt a child if they are at least 15 years older than the adoptee, or 25 years of age or older, unless they are the spouse of the adoptee’s natural parent, among other statutory requirements. If the adoptive parent is married, their spouse must consent to the adoption.
• Age When Adoptee’s Consent Required: Age 12 and up provided that they have the mental capacity to consent.
• Putative Father Registry: Yes.

If you are looking to adopt a child in Idaho, state statutes do not explicitly address whether you can do so with the help of an adoption facilitator. Consent to adoption must be executed in the presence of a judge or comparable judicial officer. If consent to the adoption is revoked, natural parents may be responsible for paying the adoption expenses of the intended adoptive parents.

Illinois

• Who Can Adopt: Any reputable adult (or a minor with court permission) who has been living in Illinois for six months (or 90 days as a member of the armed forces) and who has no legal disability may adopt a child; there are some exceptions to the residency requirement. Adoptive parents who are married or in a civil union must petition jointly unless they have been separated for over a year.
• Age When Adoptee’s Consent Required: Age 14 and up, though the court may waive this requirement under certain circumstances.
• Putative Father Registry: Yes.

To adopt a child in Illinois, prospective parents may only work with a child welfare agency to facilitate an adoption. A birth mother can consent to an adoption 72 hours after birth, and a birth father can consent at any time. Consent may only be revoked upon a showing of fraud or duress within 12 months after signing. If a birth father consents to an adoption before birth, they can revoke their consent within 72 hours of birth.

Indiana

• Who Can Adopt: Residents of Indiana may adopt, as may non-residents in cases where placing a child has been challenging. Spouses must petition jointly except for in cases of stepparent adoption.
• Age When Adoptee’s Consent Required: Age 14 and up.
• Putative Father Registry: Yes.

To adopt a child in Indiana, you may only work with a state-licensed or authorized child placement agency, a licensed attorney, or the birth parents to facilitate an adoption. A birth mother may consent to adoption at any time after birth. A birth father may consent to adoption after birth, or before birth if certain conditions are met. Consent may be revoked within 30 days of signing if the court determines that the party seeking to withdraw consent is acting in the best interest of the child. Consent may not be revoked after the final adoption decree is entered, and a birth father who consents to adoption before a child’s birth may not later revoke consent or challenge the adoption.

Iowa

• Who Can Adopt: An unmarried adult may adopt a child in Iowa. Married couples must generally adopt jointly, though there are some exceptions.
• Age When Adoptee’s Consent Required: Age 14 and up.
• Putative Father Registry: Yes.

If you are looking to adopt a child in Iowa, state statutes do not explicitly address whether you can do so with the help of an adoption facilitator. Consent to adoption may be given 72 hours after birth. Consent may be revoked within 96 hours; if a birth parent wishes to revoke consent after that time but before parental rights have been terminated, they must show that a condition such as misrepresentation, fraud, or duress was present in relation to the consent.

Kansas

• Who Can Adopt: Any adult may adopt a child in Kansas. Married individuals may adopt jointly.
• Age When Adoptee’s Consent Required: Age 14 and up provided that the adoptee is of “sound intellect.”
• Putative Father Registry: Yes.

To adopt a child in Kansas, prospective parents can work with a child placement agency to facilitate the adoption. Consent to the adoption may be given 12 hours after birth. Consent can only be revoked if the party seeking the revocation can show by clear and convincing evidence that they did not give their consent freely and voluntarily.

Kentucky

• Who Can Adopt: Any adult state resident or person who has lived in the state for at least 12 months can adopt a child in Kentucky. Married couples must adopt jointly except in cases of stepparent adoption, though this requirement may be waived under other circumstances as well.
• Age When Adoptee’s Consent Required: Age 12 and up, though the court may waive this requirement.
• Putative Father Registry: Yes.

To adopt a child in Kentucky, prospective parents can work with the relevant state agency, an adoption attorney, or a child placement agency to facilitate an adoption. Consent to adoption may be granted 72 hours after birth. Consent becomes final and irrevocable 72 hours after it is signed.

Louisiana

• Who Can Adopt: Any single adult or couple petitioning jointly may adopt a child in Louisiana.
• Age When Adoptee’s Consent Required: Not clearly addressed in state statutes.
• Putative Father Registry: Yes.

To adopt a child in Louisiana, prospective parents may only pay an intermediary reasonable expenses associated with the adoption process. A birth mother may consent to adoption five days after a child is born in a private adoption, or three days after birth in an agency adoption; a birth father may consent at any time. Consent becomes irrevocable upon execution, or five days after birth for a birth father who gave consent prior to five days after birth, except in cases where fraud or duress can be proven. Parties may not seek to show fraud or duress more than 90 days after executing the consent, or after the entry of the final adoption decree, whichever is sooner.

Maine

• Who Can Adopt: Any single adult may adopt a child in Maine, as may a married couple petitioning jointly.
• Age When Adoptee’s Consent Required: Age 14 and up.
• Putative Father Registry: No.

To adopt a child in Maine, whether you can do so with the use of an adoption facilitator is not explicitly addressed in state statutes, though state law does articulate that no one may advertise that they can find a permanent placement or adoptive home for a child (though child-placing agencies and licensed attorneys may still publicize their services relating to adoption in accordance with applicable rules). Consent to adoption may be given 72 hours after birth, and a petition for adoption must be pending prior to the consent’s execution. A consent to adoption is only valid after five days have passed since it was executed (except for cases in which the child’s parent is seeking to adopt them with that parent’s spouse, in which case the consent is valid upon signing). After that five-day period the consent becomes irrevocable, except for cases in which the adoption petition is rescinded or dismissed, or the adoption has not been finalized after 18 months.

Maryland

• Who Can Adopt: Any adult can adopt a child. If the prospective adoptive parent is married, their spouse must join in the petition unless they are separated from their spouse, their spouse is not competent, or the spouse is a parent of the prospective adopted child and consents to the adoption.
• Age When Adoptee’s Consent Required: Age 10 and up. (The child must not object to the adoption if they are under 10.)
• Putative Father Registry: No.

If you want to adopt a child in Maryland, you cannot use the services of an adoption facilitator. There is no formal waiting period after the child is born before consent to the adoption may be provided. Birth parents have 30 days to revoke their consent after signing the consent or after the adoption petition is filed, whichever is later.

Massachusetts

• Who Can Adopt: Any adult may adopt a child. A married adult couple can adopt a child jointly, and sometimes one spouse can adopt a child on their own if certain conditions are met. Also, a minor and their spouse can adopt a child jointly if the child is the biological child of either the minor or their spouse.
• Age When Adoptee’s Consent Required: Age 12 and up.
• Putative Father Registry: Yes.

If you want to adopt a child in Massachusetts, you can work with an adoption facilitator, which must be a licensed or approved placement agency. Consent to an adoption may not be executed any sooner than the fourth day after the child is born. Consent is irrevocable once it is executed.

Michigan

• Who Can Adopt: Any individual or married couple may adopt a child.
• Age When Adoptee’s Consent Required: Age 14 and up.
• Putative Father Registry: Yes.

If you want to adopt a child in Michigan, you can work with an adoption facilitator, which must be a child placement agency or an adoption attorney. Consent to an adoption may be provided in court at any time after the child’s birth. Out-of-court consent may be provided in a direct placement, but it may not be signed until a 72-hour waiting period after the child’s birth expires. If a person who granted consent wants to revoke their consent, they must petition the court for a hearing. Consent generally becomes irrevocable once a child has been placed for adoption. A birth parent must petition to revoke an out-of-court consent within a very short time after signing it. Revocation of an out-of-court consent usually also involves a hearing.

Minnesota

• Who Can Adopt: Anyone who has been a resident of Minnesota for at least one year may adopt a child.
• Age When Adoptee’s Consent Required: Age 14 and up (written consent required).
• Putative Father Registry: Yes.

If you want to adopt a child in Minnesota, you can work with an adoption facilitator, which must be a child placement agency or the Commissioner of Human Services. Consent to an adoption must be executed no sooner than 72 hours after the birth of the child, but no later than 60 days after the child is placed in the home of a prospective adoptive parent. Consent may be withdrawn for any reason within 10 business days after it is executed and acknowledged.

Mississippi

• Who Can Adopt: Any unmarried adult and any married couple can adopt a child.
• Age When Adoptee’s Consent Required: Age 14 and up.
• Putative Father Registry: No.

If you want to adopt a child in Mississippi, you can work with an adoption facilitator, which must be an agency or attorney licensed by the state. However, you cannot pay fees to a facilitator for anything other than reasonable services. Consent to an adoption must not be executed sooner than 72 hours after the birth of the child. Any action to set aside a final decree of adoption must be brought within six months of when the decree is entered.

Missouri

• Who Can Adopt: Any unmarried person and any married couple may adopt a child. A petition by a married individual may be dismissed if their spouse does not join it.
• Age When Adoptee’s Consent Required: Age 14 and up (waived for children who lack sufficient mental capacity; written consent required for adoptee who is 18 or older). The wishes of a child under 14 will be considered in determining whether the adoption is in their best interests.
• Putative Father Registry: Yes.

If you want to adopt a child in Missouri, you can work with an adoption facilitator as long as the facilitator complies with regulations provided by the Missouri Department of Social Services. The birth mother may not execute consent to an adoption for 48 hours after the birth of the child. (There is no waiting period for consent by the birth father.) Consent becomes irrevocable once it is executed unless it was not provided freely and voluntarily, which the party giving consent must prove by clear and convincing evidence. Consent becomes completely irrevocable once a final adoption decree is entered.

Montana

• Who Can Adopt: A married couple, a stepparent, and any unmarried person who is 18 or older can adopt a child. A married person who is 18 or older also can adopt a child independently if they are separated or if their spouse is incompetent.
• Age When Adoptee’s Consent Required: Age 12 and up (must consent in writing or in court), unless the child lacks the mental capacity to consent.
• Putative Father Registry: Yes.

If you want to adopt a child in Montana, you can use the services of an adoption facilitator, which must be a licensed child placement agency or the Montana Department of State. Consent to an adoption may be executed only after 72 hours have passed since the birth of the child, and a parent must receive counseling before executing the consent. Consent may not be revoked once an order has been issued to terminate parental rights. Before then, consent may be revoked by mutual agreement.

Nebraska

• Who Can Adopt: Any adult can adopt a child. A married couple must adopt jointly except in stepparent adoptions.
• Age When Adoptee’s Consent Required: Over the age of 14.
• Putative Father Registry: Yes.

If you want to adopt a child in Nebraska, you can work with an adoption facilitator, who must be licensed by the Nebraska Department of Health and Human Services. Consent to an adoption may not be executed for at least 48 hours after the birth of the child. Consent presumably becomes irrevocable once it has been executed, since Nebraska statutes do not provide a process for revoking consent.

Nevada

• Who Can Adopt: An adult may adopt a minor child if they are at least 10 years older than the child. An adult may adopt an adult child if they are older than the child.
• Age When Adoptee’s Consent Required: Age 14 and up.
• Putative Father Registry No.

If you want to adopt a child in Nevada, you can use the services of an adoption facilitator as long as they are licensed to operate a child placement agency. Consent to an adoption by the birth mother must not be executed within 72 hours after the birth of the child. (There is no waiting period for consent by the birth father.) Consent is irrevocable once it has been executed, although there are certain circumstances in which consent by a father who is not married to the mother becomes invalid.

New Hampshire

• Who Can Adopt: Any unmarried adult or married couple can adopt a child. A married adult can adopt without their spouse in stepparent adoptions, adult adoptions, and certain other situations.
• Age When Adoptee’s Consent Required: Age 14 and up (must be signed in court; waived if a court determines that requiring consent is not in the child’s best interests).
• Putative Father Registry: Yes.

If you want to adopt a child in New Hampshire, state statutes do not explicitly address whether you can do so with the help of an adoption facilitator. Consent to an adoption may not be executed until 72 hours have passed since the birth of the child. Consent may be revoked prior to the final adoption decree if the person who granted consent can establish fraud or duress in the process of granting consent, and the court finds that revoking consent would be in the best interests of the child.

New Jersey

• Who Can Adopt: Any unmarried adult or married couple may adopt a child. If a married person wishes to adopt a child independently, they must get written consent from their spouse. The prospective adoptive parent must be at least 10 years older than the prospective adopted child.
• Age When Adoptee’s Consent Required: If the court finds that a child who is 10 or older has sufficient capacity to form an intelligent preference, the court will give consideration to their preference.
• Putative Father Registry: No.

If you want to adopt a child in New Jersey, you can work with an adoption facilitator. However, you cannot pay a facilitator for their services unless they are an approved agency. Consent to an adoption may not be executed until 72 hours have passed after the birth of the child. An alleged father will be considered to have granted consent if he denies paternity. Consent is generally irrevocable unless a court finds that it was obtained through fraud, duress, or misrepresentation.

New Mexico

• Who Can Adopt: Any resident of New Mexico may adopt a child upon approval by a court. Married couples also can adopt a child, and a married individual can adopt a child independently from their spouse in certain circumstances. A non-resident of New Mexico can adopt a child who was born in New Mexico and who is being placed by a department or agency that is licensed in New Mexico.
• Age When Adoptee’s Consent Required: Age 14 and up (must be signed).
• Putative Father Registry: Yes.

If you want to adopt a child in New Mexico, you can work with an adoption facilitator as long as they are a licensed child placement agency. Consent to an adoption may not be executed until 48 hours have passed after the birth of the child. Consent may not be revoked unless it was obtained fraudulently, and consent may not be revoked in any circumstances once a final adoption decree has been entered.

New York

• Who Can Adopt: Any unmarried adult, adult married couple, or adult unmarried intimate partners can adopt a child. A married person can adopt independently from their spouse if they are legally separated or if certain other conditions are met. A married couple may adopt a child born to either of them, or the non-biological parent may adopt the child.
• Age When Adoptee’s Consent Required: Age 14 and up (unless a judge or surrogate waives it).
• Putative Father Registry: Yes.

If you want to adopt a child in New York, you can use the services of an adoption facilitator. However, a child cannot be placed for adoption by anyone other than a parent or legal guardian, an authorized agency, or a relative within the second degree. There is no waiting period for granting consent to an adoption. While judicial consent is irrevocable upon execution, non-judicial consent may be revoked within 45 days after the consent is executed. However, the adoptive parents may contest the revocation, which leads to a hearing at which the court will determine whether revocation is in the child’s best interests.

North Carolina

• Who Can Adopt: Any adult may adopt any other person (except for their spouse); a stepparent may adopt the minor child of their spouse if certain conditions apply.
• Age When Adoptee’s Consent Required: Age 12 and up (unless the court finds that requiring consent is not in the child’s best interests).
• Putative Father Registry: No.

If you want to adopt a child in North Carolina, you can use the services of an adoption facilitator, who must be a parent, guardian, or agency in the case of a minor child. Once the child is born, there is no waiting period for consent to the adoption. Consent generally becomes irrevocable seven days after it is executed, or on the next business day if the revocation period ends on a weekend or a holiday. Consent still may be invalidated after the revocation period ends if the person who granted consent establishes that it was obtained through fraud or duress by clear and convincing evidence.

North Dakota

• Who Can Adopt: Any unmarried adult or married couple can adopt a child. An unmarried parent of a child can adopt that child. A married individual can adopt independently from their spouse if they are legally separated or if certain other conditions are met.
• Age When Adoptee’s Consent Required: Age 10 and up.
• Putative Father Registry: No.

If you want to adopt a child in North Dakota, you can use the services of an adoption facilitator if they are licensed by the Department of Human Services. Once the child is born, there is no waiting period for consent to the adoption. Consent becomes irrevocable once an adoption decree is entered. Before then, consent may be withdrawn if the court finds that withdrawal is in the best interests of the prospective adopted child and orders withdrawal.

Ohio

• Who Can Adopt: An unmarried adult, a married couple, or a married adult who is legally separated from their spouse may adopt a child. A married adult who is not legally separated from their spouse may adopt a child if certain conditions are met. An unmarried minor also may adopt a child who was born to them.
• Age When Adoptee’s Consent Required: Age 12 and up (waived if the court finds that it is in the child’s best interests).
• Putative Father Registry: Yes.

If you want to adopt a child in Ohio, you can use an adoption facilitator if they are an attorney or a licensed agency. An attorney cannot represent both a birth parent and a prospective adoptive parent. Other parties are allowed to share the information that a minor child will be available for adoption with a prospective adoptive parent. Consent to the adoption may not be executed for at least 72 hours after the birth of the child. Consent may be revoked prior to the entry of the final adoption decree or an interlocutory order, but the court must find that revocation is in the child’s best interests.

Oklahoma

• Who Can Adopt: An unmarried adult, a married couple, or a married person who is legally separated from their spouse can adopt a child if they are at least 21. A married person also can independently adopt a child or other relative of their spouse.
• Age When Adoptee’s Consent Required: Age 12 and up (unless the court finds that it is not in the child’s best interests to require consent).
• Putative Father Registry: Yes.

If you want to adopt a child in Oklahoma, you can use an adoption facilitator, who must be an attorney, a licensed child placement agency, or the Oklahoma State Department. There is no waiting period after the birth of the child before a birth parent can consent to an adoption. Consent generally is irrevocable once it has been executed, unless the court finds that revocation would be in the best interests of the child, and the person seeking to revoke consent shows that it was obtained through fraud or duress, or that certain other elements are met. However, a non-judicial consent is revocable for any reason for 15 days after it is executed.

Oregon

• Who Can Adopt: Any person can adopt any other person as long as one party in the proceeding has been a resident of Oregon for six months before the adoption petition is filed.
• Age When Adoptee’s Consent Required: Age 14 and up.
• Putative Father Registry: Yes.

If you want to adopt a child in Oregon, you can use the services of an adoption facilitator, which must be a licensed adoption agency. You cannot pay anyone to assist you with an adoption, except for reasonable fees for services provided by the adoption agency. There is no waiting period after the birth of a child before the birth parents can consent to an adoption. If a birth parent agrees that consent is irrevocable, and certain conditions are met, consent may be revoked later only if it was obtained through fraud or duress.

Pennsylvania

• Who Can Adopt: Anyone can adopt a child in Pennsylvania.
• Age When Adoptee’s Consent Required: Age 12 and up.
• Putative Father Registry: Yes (through the Bureau of Child Support Enforcement).

If you want to adopt a child in Pennsylvania, you can use the services of an adoption facilitator, subject to strict restrictions. Among other things, the facilitator must provide the court with information related to the birth parents, the child, and the facilitator, as well as a record of monetary transactions. The facilitator can accept payment only for certain items and services. A birth mother cannot provide consent to an adoption for 72 hours after the birth of the child. However, a putative father can provide consent upon receiving notice of the child’s expected or actual birth. Consent by the mother becomes irrevocable once 30 days pass after the consent is executed. Consent by the father becomes irrevocable once 30 days pass after the consent is executed or the child is born, whichever is later. After the revocation period ends, consent may be invalidated within a certain time if it was obtained through fraud or duress.

Rhode Island

• Who Can Adopt: Any unmarried adult or married couple residing in Rhode Island can adopt a child; married couples must petition jointly. A non-resident adult or couple can adopt a child who is in the care and custody of a child placement agency in the state.
• Age When Adoptee’s Consent Required: Age 14 and up.
• Putative Father Registry: No.

If you want to adopt a child in Rhode Island, state statutes do not explicitly address whether you can do so with the help of an adoption facilitator. Consent to an adoption must not be executed sooner than 15 days after the birth of the child. Consent becomes irrevocable once 180 days pass after the court enters an adoption decree. A court will not set aside an adoption decree unless it finds that the adoption is not in the best interests of the adopted child by clear and convincing evidence.

South Carolina

• Who Can Adopt: Any resident of South Carolina can adopt a child, and non-residents can adopt a child in South Carolina if they meet any of several conditions.
• Age When Adoptee’s Consent Required: Age 14 and up (unless the court finds that they lack the mental capacity to consent or that requiring consent is not in their best interests).
• Putative Father Registry Yes.

If you want to adopt a child in South Carolina, you can use an adoption facilitator, but you must get approval from the court to pay the facilitator for their services. Consent to an adoption can be executed at any time after the birth of the child. Consent becomes irrevocable when it is executed unless the person giving consent can show that it was involuntary or obtained through duress or coercion, and withdrawing consent is in the child’s best interests. Consent may not be withdrawn under any circumstances once the court issues the final adoption decree.

South Dakota

• Who Can Adopt: Any adult individual may adopt a minor child as long as they are at least 10 years older than the child. (A court can waive the 10-year rule if the adoption is in the child’s best interests.) A married individual must get consent from their spouse to adopt a child unless they are legally separated from their spouse.
• Age When Adoptee’s Consent Required: Age 12 and up.
• Putative Father Registry: No.

If you want to adopt a child in South Dakota, you can use an adoption facilitator as long as they are a licensed agency. However, a court must approve any fees paid to the facilitator. Consent to an adoption cannot be executed for five days after the birth of the child. Unless fraud is involved, a person who wants to undo an adoption generally must take action within one year after the adoption proceeding is finalized.

Tennessee

• Who Can Adopt: Any unmarried individual or married couple who are 18 or older and have lived in Tennessee for six months can adopt a child. A married couple must adopt a child jointly unless one spouse is incompetent. The residency requirement is waived if the prospective adoptive parent is related to the child, as long as they are a resident when the petition is filed. Separate rules may apply to military service members.
• Age When Adoptee’s Consent Required: Age 14 and up (must be in writing).
• Putative Father Registry: Yes.

If you want to adopt a child in Tennessee, you can use the services of an adoption facilitator, who must be a licensed child placement agency, a licensed clinical social worker, or the Tennessee State Department. You cannot pay anyone else for providing advice or assistance during the adoption process, except for normal legal and medical fees. Consent to an adoption generally cannot be executed for three calendar days following the birth of the child, starting on the day following the child’s birth. However, a court may waive this requirement for good cause. Consent can be revoked within three days after it is executed, or until the court enters an order to confirm the consent if a parent executed the consent. After the applicable period expires, consent becomes irrevocable except in cases involving duress, fraud, misrepresentation, or invalidity.

Texas

• Who Can Adopt: Any adult can adopt a child in Texas.
• Age When Adoptee’s Consent Required: Age 12 and up (must consent in writing or in court; may be waived if it would serve the child’s best interests).
• Putative Father Registry: Yes.

If you want to adopt a child in Texas, you can use an adoption facilitator, which must be a licensed child placement agency. The process of consenting to an adoption includes signing an affidavit relinquishing parental rights, which generally cannot occur sooner than 48 hours after the birth of the child. However, a man may sign an affidavit to disclaim his interest in a child before the child is born. Consent may be revoked at any time prior to an order granting the adoption of the child. An affidavit relinquishing parental rights can be revoked within 10 days after it is executed, unless it provides otherwise.

Utah

• Who Can Adopt: A married couple or an unmarried adult who meets certain requirements can adopt a child. At least one adoptive parent must be at least 10 years older than the child. A married individual cannot adopt independently from their spouse unless they are legally separated.
• Age When Adoptee’s Consent Required: Age 12 and up (unless the child lacks capacity to consent).
• Putative Father Registry: Yes.

If you want to adopt a child in Utah, you can use an adoption facilitator, which must be a licensed child placement agency. You can receive advice or assistance from attorneys or other parties, but you cannot pay them for services related to the adoption, except for normal legal or medical fees. Consent to an adoption may not be provided by the birth mother for at least 24 hours after the birth of the child. There is no waiting period before the birth father can provide consent. Consent becomes irrevocable once it has been executed.

Vermont

• Who Can Adopt: Any person may adopt a child in Vermont, including the partner of the child’s parent.
• Age When Adoptee’s Consent Required: Age 14 and up (may be waived at court’s discretion).
• Putative Father Registry: No.

If you want to adopt a child in Vermont, you can use the services of an adoption facilitator, which may be an agency, an attorney, or a certified intermediary. You can pay an agency for their placement services, but you cannot pay an attorney or an intermediary. Consent to an adoption may not be executed by a parent for 36 hours after the birth of the child. Consent generally becomes irrevocable 21 days after it is executed.

Virginia

• Who Can Adopt: Any resident of Virginia may adopt a child. A married couple may adopt a child jointly, a stepparent may adopt their stepchild, and a person who received custody of a child from a child placement agency may adopt that child. Other people who are eligible to adopt a child include adoptive parents who were subject to consent proceedings, intended parents who signed a surrogacy contract, and spouses in marriages that were voided.
• Age When Adoptee’s Consent Required: Age 14 and up (unless the court finds that waiving this requirement would serve the child’s best interests).
• Putative Father Registry: Yes.

If you want to adopt a child in Virginia, you will not be allowed to use an adoption facilitator or another type of paid intermediary. In a direct parental placement, the birth parents can provide consent to the adoption on or after the third calendar day of the child’s life. Consent in a direct parental placement may be revoked for any reason within seven days, unless a birth parent agrees to waive the revocation period at the time of consent, and certain other requirements are met. Otherwise, consent may be revoked prior to a final adoption order if it was obtained through fraud or duress, or if the birth parents and the adoptive parents mutually consent to revocation after the child has been placed in their adoptive home.

Washington

• Who Can Adopt: Any person who is at least 18 and legally competent may adopt a child.
• Age When Adoptee’s Consent Required: Age 14 and up.
• Putative Father Registry: No.

If you want to adopt a child in Washington, you can use the services of a facilitator, which must be a child placement agency or a government agency. You cannot pay fees for their services, except for legal and medical expenses. Consent to an adoption may be executed before the birth of the child, but it generally cannot be presented to the court for 48 hours after it is signed or after the birth of the child, whichever is later. Consent may not be revoked after it has been approved by the court, except in very narrow circumstances involving fraud, duress, or lack of mental competency. Consent may not be revoked under any circumstances after one year has passed since the court approved it (except in cases involving Native American children).

West Virginia

• Who Can Adopt: Any unmarried individual or married couple can adopt a child. A married individual can adopt a child with the consent of their spouse.
• Age When Adoptee’s Consent Required: Age 12 and up (may be waived by the court for extraordinary cause).
• Putative Father Registry: No.

If you want to adopt a child in West Virginia, you can use the services of an adoption facilitator. However, you cannot pay fees for services to any facilitator other than a licensed child placement agency or the state. A birth parent cannot execute consent to an adoption until 72 hours pass after the birth of the child. Unless the consent provides explicitly for conditions leading to revocation, it becomes irrevocable once it is executed except in situations involving fraud, duress, invalidity, or mutual consent to revocation.

Wisconsin

• Who Can Adopt: Any unmarried adult, stepparent, or married couple residing in Wisconsin can adopt a child.
• Age When Adoptee’s Consent Required: A child who is 12 or older must receive notice to attend the hearing at which their adoptive placement will be determined.
• Putative Father Registry: Yes.

If you want to adopt a child in Wisconsin, you can use the services of an adoption facilitator at a licensed child placement agency. No other facilitator is permitted. Consent to an adoption involves terminating the parental rights of the birth parents. Once the birth parents file a petition for the voluntary termination of their parental rights, a court generally will hold a hearing within 30 days, but not before the child is born. Consent to the adoption generally becomes irrevocable once parental rights are terminated, although a birth parent may file a motion (generally within 30 days) to withdraw consent based on fraud, misrepresentation, mistake, or certain other grounds.

Wyoming

• Who Can Adopt: Any adult who is fit and competent may adopt a child if they have resided in Wyoming for at least 60 days.
• Age When Adoptee’s Consent Required: Age 14 and up (must be in writing).
• Putative Father Registry: Yes.

If you want to adopt a child in Wyoming, state statutes do not explicitly address whether you can do so with the help of an adoption facilitator. Consent to an adoption may be provided at any time after the child is born. Consent generally becomes irrevocable once it is executed, unless it was obtained through fraud or duress.

Last reviewed October 2022