Certain conditions need to be met before a child can be adopted. These conditions can differ depending on the type of adoption and even the adoption agency.
It may be easier to consider that the adoption is on a case-by-case basis yet there are some requirements that are relatively consistent.
There is some consistency in the age requirements for adoption yet these do vary depending on the state you are a resident in. In this guide, we will look at what age you can adopt a child including single-parent adoptions (see also “How Hard Is It To Adopt A Child?“).
The Age You Can Adopt A Child
The state that you live in does have an impact on the age you can adopt a child (see also “Can A Felon Adopt A Child?“). Three states define the age requirement at 21 which includes Oklahoma, Delaware, and Colorado.
The state of Idaho has set the age requirement bar even higher to 25 while the age restriction remains 25 in Georgia but the adoptive adults have to be ten years older than the child (see also “Can You Adopt Someone Older Than You?“).
In total, eight states have an age requirement of only 18 years old. Those states are New York, Washington, Tennessee, New Jersey, Montana, Louisiana (that’s as a single parent too), Kentucky, and Connecticut.
New Jersey does state that the individuals who wish to adopt have to be at least 18 years old and ten years older than the child.
In Nevada, it is a little different, those individuals have to be considered adults and at least ten years older than the child.
A further age restriction to consider is that some states require that the individuals and couples that wish to adopt are at least ten years older than the child they are considering adopting including Utah, South Dakota, and California (see also “Can Same Sex Couples Adopt?“).
Then there are some states that have their own age restriction or a minimum age for those individuals who wish to adopt to be considered adults (see also “Can You Adopt An Adult?“).
Those states include Alabama, Arizona, Illinois, Kansas, Maryland, Massachusetts, Nebraska, North Carolina, Rhode Island, Texas, and Wyoming.
There are even states that have no age requirements for a private domestic adoption including Connecticut, the District of Columbia, Indiana, Maine, Michigan, Minnesota, Missouri, New Mexico, Oregon, Pennsylvania, South Carolina, Vermont, Virginia, and West Virginia.
Single-Parent Adoptions
For single parents, several states have an age requirement for single-parent adoptions that they must be adults. These states include Alaska, Arkansas, Florida, Hawaii, Iowa, Mississippi, New Hampshire, North Dakota, Ohio, and Wisconsin.
Working With An Adoption Agency
The clearest advice for individuals and couples that wish to adopt should come from an adoption agency. Once you have selected an adoption agency that you want to work with, ask them for the age requirements.
That should consider their own age requirements as an adoption agency and the age requirements for the state that those individuals are residents in.
For instance, American Adoptions has an age restriction of between 25 and 50 years old for their adoption requirements.
Other Conditions For Adoption Requirements
Individuals can also be too old to adopt though this is unlikely to be set by any state laws. Many states simply use adoption legislation for setting a minimum age restriction for those individuals who wish to adopt.
However, some adoption agencies can perform an adoption home study as part of their remit for finding great homes to raise a child.
The study can include an evaluation of the individual’s mental and physical health while the upper age limit may be set at 50.
Joint Petition
In total, there are 20 states which have a specific requirement for a joint petition from a husband and wife. Those states include Wisconsin, West Virginia, Virginia, Rhode Island, Oklahoma, Ohio, North Dakota, New Hampshire, and Nebraska.
Further states include Montana (the individuals have to be at least 18 years old), Massachusetts, Kentucky, Iowa, Indiana, Hawaii, Florida, Arkansas, Arizona, Alaska, and Alabama.
Then there are states which use increasingly gender-neutral language in their relevant statutes.
Specifically in Arizona, a married couple will be given preference of an adoptive child over a single person once every other consideration has been deemed equal (see also “Can A Single Person Adopt?“). Typically, any married couple or single adult can be eligible to adopt a child.
Stepparents
The restrictions for stepparents specify that they can adopt the child of their spouse should the spouse have legal custody of that child.
Usually, a parent can adopt a stepchild without the birth parent joining in the petition, even if they have legal custody of the child. This is as long as the spouse consents to that adoption.
Final Thoughts
For individuals and married couples that wish to adopt, it is best to check the state laws for age restrictions. These differ across states and even take into consideration the age at which an individual becomes an adult.
Furthermore, some states have residency requirements and specific rules for single-parent adoptions.
Frequently Asked Questions
What Are The Licensing Requirements For Adoption In Texas?
In Texas, the age restriction for adoption is 21 though there are further restrictions too. The individuals should be financially responsible and stable, plus be considered mature enough to be parents while a home study will be included.
Other considerations can include references from relatives and non-relatives as well as information about the lifestyle and background of the individuals.
If they are a married couple then evidence will need to be provided, the same applies if they are divorced or widowed.
Which States Have Residency Requirements As Part Of Their Adoption Requirements?
There are a number of states which have residency requirements for their adoption requirements. These are specific to the states that they apply to and include Arizona and Delaware.
Some of the other state-specific residency requirements are for certain periods including Wyoming where the adoption requirements state that the individuals should be residents of the state for at least 60 days, whereas in Tennessee, Oregon, Mississippi, Illinois, and Georgia it is six months and in Kentucky as well as in Minnesota it is 12 months.
There are also states where exceptions apply to the residency requirement such as Indiana, New Mexico, and South Carolina.
Hi, I’m Joan Crassel, and I started my firm in 2006, with the goal to help and represent clients in a range of adoption-related matters.
Since then, the firm has gone on to aid hundreds of clients in adoption proceedings, and in other areas of family law.
With this site, I hope that you can find all of the answers that you are looking for, with in depth guides and informative articles from lawyers, not bloggers or social media influencers. We have actual first-hand knowledge of the adoption process, and can provide you with insight that no one else can.
