U.S. Adoption Legislation

• Adoption is mostly regulated by states in the U.S., with laws varying depending on the state.
• However, federal laws regulating adoption in the United States do exist and states have to pass their own laws to comply with them and to qualify for federal funds.
• These federal laws related to adoption mostly provide overarching standards to the states.
• An example is the Fostering Connections to Success and Increasing Adoptions Act of 2008 which includes a provision awarding incentive payments for special needs adoptions and older child adoptions.
• Most federal laws related to adoption are concerned with protecting the child's welfare, and providing funding for various assistance programs.

North Carolina Adoption Legislation

• In North Carolina, any minor or even adult can be adopted by an adult, as long as the adult is over 18 years of age. 
• If the minor or adult is over 12, his/her consent is needed.
• Another condition required by the state is 90 days of home residency in the state.
• One of the exceptions is that spouses are barred from adopting each other.
• The whole legislation concerning adoption (§§ 48-1 through 48-38: Repealed by Session Laws 1995, c. 457, s. 1.) is available through this link. 

Key Policy Issues Being Debated

• One of the main issues being debated in terms of adoption laws is the requirement of a specific religion to be able to adopt from certain child placement agencies.
• Another debate raging is about giving additional rights to birth parents. 
• Other adoption policy discussions concern the adoption of Native children.