Interstate adoptions are about adopting a child from one state when you live in another state. There are many reasons that parents in other states might choose to adopt a child in Arkansas, including our adoption-friendly laws, lower costs than in many other states, and Arkansas participation in the ICPC. Arkansas also allows would-be adoptive parents to provide financial support for expectant moms and respects the rights of birth mothers, something which can be very important to adoptive parents.
But it’s not as simple to adopt across state lines as to adopt within a state.
Is it legal to adopt across state lines?
Yes, it is legal. In Arkansas, either the adoptive parents or the child must be a resident of Arkansas. That’s either-or. So if you live in Mississippi and you want to adopt a little girl living in Oklahoma, you can’t adopt her in Arkansas. But if you live in Mississippi and she lives in Arkansas, you’re fine. Click through the link below to find out what it means to be a resident of Arkansas. Frankly, it’s a little bit complicated, so you will want to have an adoption lawyer to help.
Travel to and from Arkansas
If you are an Arkansas resident adopting a child from another state, you must be prepared to travel to that state to retrieve the child. According to the federal laws on interstate adoptions, the child must live in his or her home state until the adoption is complete. Depending on the exact circumstances, it may be possible to take the baby to the adoptive parents’ home during part of the waiting time and return to finish the process.
If not, the adoptive parents may choose to stay in the child’s state while the process takes place. This could be a matter of weeks or even months. The cost of lodging would have to be considered, and you may need to set up a temporary nursery.
On the other hand, adoptive parents can establish residence in Arkansas simply by showing an intention to stay in Arkansas. There is no length of time required. So a couple could in theory rent a home in Arkansas (an AirBnB would probably not be considered evidence of intent to stay) to establish residence even if they maintained a primary residence elsewhere.
There could also be visits to the expectant mom, if you plan to adopt a newborn, or visits to the birth mom before and after the adoption.
Keeping the home fires burning
It might sound as though you could just buy a car seat and go on vacation to Florida, coming home with a new family member. It might not be that simple.
For one thing, you can’t be sure how long any of the stays in the other state might last. Keeping up with work, pets, other children, and household responsibilities may be challenging. A good support system at home is a must.
Since you must meet the requirements of both states, you may sometimes feel that you need to be in two places at the same time. There will also be additional costs. Planning ahead — and that support system — will make all the difference.
Two-state legal requirements
An interstate adoption will require legal events in both states. An Arkansas couple wanting to adopt a child from Kentucky must have a home study in Arkansas and must have legal approval of the adoption in both states. They will need legal representation in Arkansas and they will be responsible for legal representation of the birth mom in Kentucky. There will be court costs on both sides.
Emotional costs
For an older child, moving from one state to another can be challenging — even without the added stress of learning to know and love a new family. Homesickness is a real possibility.
For a birth mom, being open to interstate adoption gives more choices for the child’s adoptive parents, but she may still have feelings about her child leaving her community. On the other hand, expectant moms who want a discreet adoption or a closed adoption may prefer an out-of-state adoption.
If you plan an open adoption, keeping the connection with the birth family can be more difficult when you’re in another state. Make sure that the adoption plan deals with this issue and includes ideas for long-distance visits by phone or Face Time, letters or photos, or visits over a weekend.
None of these issues are reasons to avoid interstate adoption, but all of them are things to think about and plan for. Heimer Law can help.
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