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Adopting A Child from the Foster Care System, Page 7

CAN I ADOPT A CHILD OF ANOTHER RACE?

The Multi-Ethnic Placement Act of 1995, and its subsequent revisions, prevents any adoption agency that receives federal funding, from discriminating because of race when considering families for a child. The act states:

  • Such agencies may not deny to any person the opportunity to become an adoptive parent on the basis of race, color or national origin of the adoptive parent or the child, and
  • Such agencies may not delay or deny the placement of a child for adoption on the basis of race, color or national origin of the adoptive parent of the child.

CAN I ADOPT A CHILD FROM ANOTHER STATE?

The Adoption and Safe Families Act of 1997, says that states can't delay or deny a placement of a child merely because an approved family resides in another state. You can work with your Case Worker and the Case Worker to adopt a child in any state in the United States; however, all terms of two Interstate Compacts must be met. For more information, see Interstate Adoption: ICPC and ICAMA.

CAN BIOLOGICAL PARENTS RECLAIM ADOPTED FOSTER CHILDREN?

Many adoptive parents ask, "Once a child is made available for adoption through the foster care system and is adopted by a new set of parents, can one of its biological parents step into the picture later and take the child back?"

Before a foster child is even made available for consideration by prospective adoptive parents, the child must first become "legally free." This means that the court has legally terminated the parental rights of the child's biological parents, and any available appeal periods have passed. When you adopt a child from the foster care system, the biological parents cannot come back and reclaim their child.

For more information on the details of steps to follow, and where to find people who can assist you along the way, please visit Steps to Adopting a Waiting Child.

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