Home : Legal Encyclopedia : Adoption

Legal Encyclopedia - Adoption

Table of contents

1 adoption: an overview

2 menu of sources

2.1 Federal Material

2.1.1 Federal Statutes
2.1.2 Federal Agency Regulations
2.1.3 Federal Judicial Decisions

2.2 State Material

2.2.1 State Statutes
2.2.2 State Judicial Decisions

2.3 International Material

2.3.1 Conventions and Treaties

2.4 Other References

2.4.1 Key Internet Sources
2.4.2 Useful Offnet (or Subscription - $) Sources

3 other topics

adoption: an overview

Adoption law is largely state law. The parent-child relationship established by adoption, however, may have direct consequences in areas of Federal law affected by family status such as Social Security. All 50 states have statutes governing adoption as defined under the Uniform Adoption Act (http://www.law.cornell.edu/uniform/vol9.html#adopt). The code defines the process by which a legal parent-child relationship is created between individuals without biological relation. In some states, doctrines of "equitable adoption" allow courts to recognize adoptions when not all statutory procedures have been carried out.

menu of sources

Federal Material

Federal Statutes

25 U.S.C., Chapter 21 (http://www.law.cornell.edu/uscode/25/ch21.html) - Indian Child Welfare Act]
42 U.S.C. § 620 - Adoption Assistance and Child Welfare Act of 1980]
42 U.S.C., Chapter 67 (http://www.law.cornell.edu/uscode/42/ch67.html) - Child Abuse Prevention and Treatment and Adoption Reform Act

Federal Agency Regulations

Code of Federal Regulations: 45 C.F.R., Part 1356 (http://www.law.cornell.edu/cfr/45p1356.htm)

Federal Judicial Decisions

U.S. Supreme Court: Recent Decisions on Adoption (http://supct.law.cornell.edu/supct/search/index.html?query=child+and+adopt+and+adoption)
U.S. Circuit Courts of Appeals: Recent Decisions on Adoption (http://www.law.cornell.edu/usca/search/index.html?query=child+and+adopt+and+adoption)

State Material

State Statutes

Uniform Laws (See LII Locator for Uniform Matrimonial, Family, and Health Laws (http://www.law.cornell.edu/uniform/vol9.html)):

Interstate Compact on the Adoption of Children (adopted in all states and the District of Columbia)
Uniform Adoption Act (http://www.law.cornell.edu/uniform/vol9.html#adopt)(1969 version, adopted in Alaska, Arkansas, Montana, North Dakota, and Ohio, and 1994 version not yet adopted in any state)

State Adoption Laws (http://www.law.cornell.edu/topics/Table_Adoption.htm)

State Judicial Decisions

N.Y. Court of Appeals:

Adoption Cases (http://www.law.cornell.edu/nyctap/search/index.html?query=adoption+and+child+and+parent+not+liibulletin)
Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+adoption+and+child+and+parent)

Appellate Decisions from Other States (http://www.law.cornell.edu/states/)

International Material

Conventions and Treaties

Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (29 May 93) (http://fletcher.tufts.edu/multi/humanRights.html)

Other References

Key Internet Sources

Federal Agencies:
- Administration for Children and Families of the U.S. Department of Health and Human Services (http://www.acf.dhhs.gov/)
- US State Department (http://travel.state.gov/children's_issues.html) (International adoption information and guide to regulations of various countries)
The ABA Center on Children and the Law (http://www.abanet.org/child/home.html)
ABA Section of Family Law (http://www.abanet.org/family/home.html)
Adoption Policy Resource Center (http://www.fpsol.com/adoption/legal/index.html)
Adoption Network (http://www.adoption.org/)
Adoption.com (http://www.adoption.com/)
Nolo Legal Encyclopedia (http://www.nolo.com/article.cfm/ObjectID/FA9BFC2D-823C-497C-BA6AA744D75CBBE4/catID/21216A3D-29D5-41CD-A6E214E3E265D942/118/122/ART/)

Useful Offnet (or Subscription - $) Sources

Good Starting Points in Print:

Cahn & Hollinger, Families by Law: An Adoption Reader. New York: New York University Press (2004).

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