State 

Statutes

Series

U.S. Department of Health and Human Services

Administration for Children and Families

Administration on Children, Youth and Families

Children’s Bureau

Child Welfare Information Gateway

Children’s Bureau/ACYF

1250 Maryland Avenue, SW

Eighth Floor

Washington, DC 20024

703.385.7565 or 800.394.3366

Email: info@childwelfare.gov

www.childwelfare.gov

Who May Adopt, Be 

Adopted, or Place a 

Child for Adoption?

Summary of State Laws

In order for an adoption to take place, a person 

available to be adopted must be placed in the 

home of a person or persons eligible to adopt. All 

States, the District of Columbia, American Samoa, 

Guam, Puerto Rico, the Northern Mariana Islands, 

and the Virgin Islands have laws that specify which 

persons are eligible as adopting parents and which 

persons can be adopted. In addition, all States, the 

District of Columbia, Puerto Rico, and the territories 

have laws that designate which persons or entities 

have the authority to make adoptive placements. 

Current Through 

February 2006

Electronic copies of this publication 

may be downloaded at

www.childwelfare.gov/systemwide/

laws_policies/statutes/parties.cfm

To find statute information for a 

particular State, go to

www.childwelfare.gov/systemwide/

laws_policies/search/index.cfm

To find information on all the 

States and territories, order a copy 

of the full-length PDF by calling 

800.394.3366 or 703.385.7565, or 

download it at

www.childwelfare.gov/systemwide/

laws_policies/statutes/partiesall.pdf
Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

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In general, any single adult or a husband and wife jointly can be 

eligible to adopt. In addition, a stepparent can adopt the birth 

child of his or her spouse. In approximately 13 States and the 

District of Columbia, there are no additional conditions specified. In some States, married persons may adopt singly if they 

are legally separated from their spouse or if their spouse is 

legally incompetent. 

Eligibility by Age

In approximately six States (Kentucky, Louisiana, Montana, New 

Jersey, Tennessee, and Washington), prospective parents must 

be 18 to be eligible to adopt; three States (Colorado, Delaware, 

and Oklahoma) and American Samoa set the age at 21; and 

Georgia and Idaho specify age 25. A few States allow minors to 

adopt under certain circumstances, such as when the minor is 

the spouse of an adult adoptive parent.

In approximately six States (California, Georgia, Nevada, New 

Jersey, South Dakota, and Utah) and the Northern Mariana 

Islands, the adopting parents must be at least 10 years older 

than the person to be adopted. In Puerto Rico, the adopting 

parent must be at least 14 years older; in Idaho, the parent must 

be at least 15 years older.

Eligibility by Residency

Approximately 17 States, Guam, the Northern Mariana Islands, 

Puerto Rico, and the Virgin Islands require that petitioners for 

adoption be State residents. The required period of residency 

ranges from 60 days to 1 year. There are exceptions to the 

residency requirement in some States. For example, in South 

Carolina and Indiana, a nonresident can adopt a child with 

special needs; in Illinois, Mississippi, New Mexico, and Rhode 

Island, a nonresident may adopt through an agency.

	 A parent can usually adopt a stepchild without the spouse (the birth parent) joining in

the petition, as long as the spouse consents to the adoption.

	 The word approximately is used to stress the fact that the statutes are constantly being

revised and updated. This information is current as of February 2006. In North Carolina,

Pennsylvania, and Texas, any adult may adopt. In Alabama, Hawaii, Kansas, Maine,

Massachusetts, Michigan, Missouri, Nebraska, and West Virginia, a single adult and married

couples jointly may adopt. In Vermont, any adult and a parent’s partner may adopt.

	 Arizona, Delaware, Georgia, Idaho, Illinois, Indiana, Kentucky, Minnesota, Mississippi,

New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Virginia, Wisconsin, and

Wyoming.

Who May 

Adopt?
Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

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Gay and Lesbian Adoption

The statutory laws in most States are largely silent on the issue 

of adoption by gay and lesbian persons. At this time, only two 

States, Florida and Mississippi, explicitly prohibit adoption by 

homosexuals in their statutes. Utah bars adoption by persons 

who are cohabiting but not legally married; this language could 

be interpreted to encompass gay and lesbian adoptions. In 

Connecticut, the sexual orientation of the prospective adoptive parent may be considered, notwithstanding provisions 

in the State’s laws prohibiting discrimination based on sexual 

orientation.

All States, the District of Columbia, American Samoa, Guam, the 

Northern Mariana Islands, Puerto Rico, and the Virgin Islands 

permit the adoption of a child. Some States also allow the adoption of an adult, under certain circumstances.

Adoption of a Child

Three States (Colorado, Indiana, and Rhode Island), American 

Samoa, and the Northern Mariana Islands specify that the child 

to be adopted must be under age 18. Five States (Connecticut, 

Delaware, Montana, Texas, and Wisconsin), American Samoa, 

and Guam specify in statute that the child must be legally free 

for adoption. Six States (Arizona, Colorado, South Carolina, 

Texas, Wisconsin, and Wyoming), American Samoa, and the 

Virgin Islands require that the child to be adopted must be 

present in the State at the time the petition is filed. Iowa 

requires that the child must have resided for a minimum period 

of 180 days in the home of the prospective adoptive parents.

Adoption of an Adult

Approximately 26 States and the District of Columbia allow the 

adoption of any person, regardless of age. Colorado, Rhode 

Island, American Samoa, and the Northern Mariana Islands allow 

parties to petition the court for the adoption of persons over 

age 18 but under age 21. Nevada specifies that the adult to be 

adopted must be younger than the adoptive parent, and West 

	 Alaska, Arkansas, Florida, Georgia, Hawaii, Indiana, Kansas, Maine, Massachusetts,

Michigan, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, New York, North

Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Tennessee, Utah, Vermont,

Washington, and Wyoming.

Who May Be 

Adopted?
Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

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Virginia’s statutes state that the adopting parent must be a resident of that State to adopt an adult.

Alabama restricts adoption of adults to persons who are permanently and totally disabled or mentally retarded. Ohio allows 

adoption of an adult only when the person is permanently 

disabled, mentally retarded, or a stepchild or foster child with 

whom the relationship was established while the child was a 

minor. 

Idaho, Illinois, and South Dakota require that the adopting 

parent be in a sustained parental relationship for a specified 

period of time, ranging from 6 months to 2 years, with the adult 

to be adopted. Virginia allows the adoption of an adult stepchild, niece, or nephew, as long as the adopted person resided 

in the home for at least 3 months prior to reaching adulthood 

and is at least 15 years younger than the adopting parent.

In general, any person or entity who has the right to make decisions about a child’s care and custody may place that child for 

adoption. Such persons include the birth parents or the child’s 

legal guardian or guardian ad litem; legal entities include State 

Departments of Social Services or child-placing agencies. All 

States, the District of Columbia, and American Samoa, Guam, 

the Northern Mariana Islands, Puerto Rico, and the Virgin Islands 

specifically designate which persons or entities hold the authority to make adoptive placements. 

Agency and Department Placements

Approximately four States (Delaware, Indiana, Ohio, and West 

Virginia) require that all adoptive placements be made by 

the State Departments of Human or Social Services or childplacing agencies that are licensed by the State or meet certain 

standards.

Nonagency Placements

Most States allow “nonagency” placements of children for adoption, often referred to as “private” or “independent” adoption. 

One type of private adoption allowed in most States is the direct 

placement of a child by the birth parent with an adoptive family. 

Many States that allow direct placement have detailed statutory regulations in order to protect the interests of the parties 

Who May Place 

a Child for 

Adoption?
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to the adoption. In six States (Florida, Kentucky, Massachusetts, 

Minnesota, New Mexico, and Rhode Island), parents who wish to 

make private placements must notify the Department or obtain 

the approval of the Department or the court. An exception to 

these requirements may be made when the child is being placed 

with a birth relative.

A few States allow the use of intermediaries in arranging private 

placements. These intermediaries are usually attorneys, and 

their activities, as well as the compensation they are allowed to 

accept, are strictly regulated.

	 For additional information about the use of intermediaries, see the Information

Gateway publication Use of Advertising and Facilitators in Adoptive Placements at

www.childwelfare.gov/systemwide/laws_policies/statutes/advertising.cfm.

This publication is a product of the State Statutes Series 

prepared by Child Welfare Information Gateway. While 

every attempt has been made to be complete, additional 

information on these topics may be in other sections of a 

State’s code as well as in agency regulations, case law, and 

informal practices and procedures.
Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/parties.cfm.

Alabama

Who May Adopt

Citation: Ala. Code § 26-10A-5

Any adult person or husband and wife jointly who are adults may adopt, with the following stipulations:

No regulation shall prevent an adoption by a single person solely because the person is single.

No regulation shall prevent an adoption solely because of the person’s age.

No regulation shall prevent an adoption solely because the adult person is employed outside the home.

•

•

•

Who May Be Adopted

Citation: Ala. Code § 26-10A-6

The following persons may be adopted:

A minor

An adult who is:

Totally and permanently disabled

Mentally retarded

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•

»

»

Who May Place a Child for Adoption

Citation: Ala. Code § 26-10A-33

A child may be placed for adoption by any of the following:

A parent

A parent of a deceased parent

A relative of a degree of relationship specified in § 26-10A-28

The Department of Human Resources

A licensed child-placing agency

An agency approved by the Department

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•

•

•

•

Alaska

Who May Adopt

Citation: Alaska Stat. § 25.23.020

The following persons may adopt:

A husband and wife together

An unmarried adult

The unmarried parent of the person to be adopted

A married person without the other spouse joining as a petitioner if: 

The other spouse is a parent of the person to be adopted and consents to the adoption.

The petitioner and the other spouse are legally separated. 

The other spouse fails to join in the petition or to agree to the adoption due to prolonged unexplained 

absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.

•

•

•

•

»

»

»

Who May Be Adopted

Citation: Alaska Stat. § 25.23.010

Any person may be adopted. 
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Who May Place a Child for Adoption

Citation: Alaska Stat. §§ 25.23.040; 25.23.240

A child may be placed for adoption by: 

The birth mother or father

Any person lawfully entitled to custody of the minor or empowered to consent, including a licensed childplacing agency 

•

•

American Samoa

Who May Adopt

Citation: Ann. Code § 45.0411

The following persons may adopt:

Any person age 21 or older

A minor who petitions the court and receives approval to adopt

•

•

Who May Be Adopted

Citation: Ann. Code § 45.0410

The following persons may be adopted:

Any child under 18 years of age, legally available and present in the territory

A person older than 18 but under 21, whose adoption is approved by the court

•

•

Who May Place a Child for Adoption

Citation: Ann. Code § 45.0413

A child may be placed by any of the following:

An individual who is the guardian of the child

The court

The Department of Health

A child placement agency

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•

•

Arizona

Who May Adopt

Citation: Rev. Stat. § 8-103

Any adult resident of the State, whether married, unmarried, or legally separated, is eligible to adopt. A husband 

and wife may jointly adopt. 

Who May Be Adopted

Citation: Rev. Stat. § 8-102

The following persons may be adopted:

A child

A foreign-born person age 21 or less who is not an illegal alien

A person to be adopted must be present within the State at the time the petition is filed. 

•

•
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Who May Place a Child for Adoption

Citation: Rev. Stat. §§ 8-106; 8-130

A child may be placed as follows:

The child’s parent may consent to a direct placement or an agency placement.

A licensed child-placing agency or the division may handle a direct placement or an agency placement.

A State licensed attorney may handle direct placements.

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•

•

Arkansas

Who May Adopt

Citation: Ann. Code § 9-9-204

The following persons may adopt:

A husband and wife together, although one or both are minors

An unmarried adult

The unmarried parent of the person to be adopted

A married individual without the spouse if:

The other spouse is a parent of the individual to be adopted and consents to the adoption.

The petitioner and the other spouse are legally separated.

The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court 

by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an 

unreasonable withholding of consent.

•

•

•

•

»

»

»

Who May Be Adopted

Citation: Ann. Code § 9-9-203

Any individual may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Code §§ 9-2-202; 9-9-206

The following persons may place a child for adoption:

The parent of the child

Any person lawfully entitled to custody of the child or empowered to consent

An agency that has been licensed to place minors for adoption

•

•

•

California

Who May Adopt

Citation: Family Code §§ 8600; 8601

A child may be adopted by an adult who is at least 10 years older than the child. An exception to this requirement 

may be made if the adoptive parent is a stepparent, sister, brother, aunt, uncle, or first cousin of the child and, if that 

person is married, is adopting jointly with his or her spouse. 
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Who May Be Adopted

Citation: Family Code § 8600

An unmarried minor may be adopted by an adult. 

Who May Place a Child for Adoption

Citation: Family Code §§ 8801.5; 8704

The child may be placed by any of the following:

The child’s birth parent in an independent adoption

A licensed adoption agency or the department that has custody of the child

•

•

Colorado

Who May Adopt

Citation: Rev. Stat. § 19-5-202

The following persons may adopt:

Any person who is age 21 or older, including a foster parent

A minor upon court approval

A person jointly with a living spouse, unless they are legally separated

•

•

•

Who May Be Adopted

Citation: Rev. Stat. § 19-5-201

Any child under age 18 who is present in the State may be adopted. A person who is over age 18 but under age 21 

may be adopted if approved by the court. 

Who May Place a Child for Adoption

Citation: Rev. Stat. § 19-5-206

An adoptive placement may be made by any of the following:

The birth parent(s)

The court

The county Department of Social Services

A licensed child-placing agency

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•

•

Connecticut

Who May Adopt

Citation: Gen. Stat. §§ 45a-726a; 45a-732

Any adult person may adopt, with the following stipulations:

The sexual orientation of the adopter may be considered when placing a child.

The Commissioner is not required to place a child with a person who is homosexual or bisexual.

A husband and wife must adopt jointly unless excepted by the court.

•

•

•
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Who May Be Adopted

Citation: §Gen. Stat. § 45a-724; 45a-725

Any minor child who is legally free for adoption, as defined by § 45a-725, may be adopted. 

Who May Place a Child for Adoption

Citation: Gen. Stat. §§ 45a-724; 45a-726

The child may be placed for adoption by any of the following:

Any parent or statutory parent

The child’s guardian(s)

The Commissioner of Children and Families

A child-placing agency

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•

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Delaware

Who May Adopt

Citation: Ann. Code Tit. 13, § 903

The following persons may adopt:

An unmarried person

A husband and wife jointly

A divorced or legally separated person 

The petitioners must be residents of the State at the time of filing and over age 21. 

•

•

•

Who May Be Adopted

Citation: Ann. Code Tit. 13, § 908

The child who is to be adopted must be legally free for adoption. 

Who May Place a Child for Adoption

Citation: Ann. Code Tit. 13, § 904

Any child sought to be adopted must be placed for adoption by the department, a licensed or authorized agency, 

and the placement must be supervised by the department or licensed agency. Such placement or supervision shall 

not be necessary in the case of:

Adoption by a stepparent

Adoption by a blood relative

No placement for an identified adoption in which an intermediary has been involved shall be approved or permitted 

by the department or a licensed agency.

In any case in which the child to be adopted is from out of the State, pursuant to § 926 of this title, the placement 

must be approved and supervised by the department or a licensed agency. 

•

•
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District of Columbia

Who May Adopt

Citation: Ann. Code § 16-302

Any person may adopt. A married person must petition jointly with his spouse. 

Who May Be Adopted

Citation: Ann. Code § 16-303

Any minor or adult may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Code § 4-1405

Only the following may place a child for adoption:

The parent

A guardian

A relative within the third degree

A licensed child-placing agency

•

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•

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Florida

Who May Adopt

Citation: Ann. Stat. § 63.042

The following persons may adopt:

A husband and wife jointly

An unmarried adult

A married person without a spouse if excused by the court for good cause shown

No person is eligible to adopt if that person is a homosexual. 

•

•

•

Who May Be Adopted

Citation: Ann. Stat. § 63.042

Any person, a minor or an adult, may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Stat. §§ 63.022; 63.202

A child may be placed by any of the following:

A parent or intermediary who must report any placement to the Department of Children and Family Services, 

, except for relative, adult, or stepparent adoptions

A child-placing agency that is licensed by the department

•

•
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Georgia

Who May Adopt

Citation: Ann. Code § 19-8-3

Any adult person, including a foster parent, may adopt a child when he or she meets all of the following criteria:

Is at least 25 years old or married and living with his or her spouse

Is at least 10 years older than the child

Has been a resident at least 6 months

Is financially, physically, and mentally able to have permanent custody of the child

Married persons must file a joint petition.

•

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•

•

Who May Be Adopted

Citation: Ann. Code §§ 19-8-3; 19-8-21

The following persons may be adopted:

Any child

An adult who gives written consent

•

•

Who May Place a Child for Adoption

Citation: Ann. Code §§ 19-8-4; 19-8-5; 19-8-7

A child may be adopted through the department or any child-placing agency only if each such parent and each such 

guardian: 

Has voluntarily and in writing surrendered all of his rights to the child to the department or to a child-placing 

agency and the department or agency thereafter consents to the adoption

Has had all of his or her rights to the child terminated by order of a court of competent jurisdiction, the child 

has been committed by the court to the department or to a child-placing agency for placement for adoption, 

and the department or agency thereafter consents to the adoption

Any living parent or guardian may relinquish his or her child for adoption by: 

A relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, 

great aunt, or great uncle

A third party who is neither the stepparent nor relative of that child

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Guam

Who May Adopt

Citation: Ann. Code Tit. 19, § 4203

The following persons may adopt:

A husband and wife jointly

A stepparent

An unmarried adult

A married adult if legally separated from his spouse

Petitioners must be legal residents of Guam. 

•

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•

•
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Who May Be Adopted

Citation: Ann. Code Tit. 19, § 4201

Any child who is legally free for adoption may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Code Tit. 19, § 4201

The child shall be placed by the Division of Social Services except in adoptions by close relatives. 

Hawaii

Who May Adopt

Citation: Rev. Stat. § 578-1

The following persons may adopt:

Any unmarried adult

The spouse of a birth parent

A husband and wife jointly

•

•

•

Who May Be Adopted

Citation: Rev. Stat. § 578-1.5

Any person may be adopted. An adult to be adopted must give written consent to the adoption. 

Who May Place a Child for Adoption

Citation: Rev. Stat. §§ 578-1; 578-2

The child may be placed by the following:

The parent or legal guardian

The department

An approved child placement organization

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•

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Idaho

Who May Adopt

Citation: Idaho Code §§ 16-1501; 16-1502; 16-1503

Any adult resident of Idaho may adopt, subject to specific provisions stipulated in statute. The adopting person, 

except the spouse of a natural parent, must be:

At least 15 years older than adoptee, or

Age 25 or older

If the adopting person is married, consent of the spouse is required. 

•

•
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Who May Be Adopted

Citation: Idaho Code § 16-1501

Any minor child may be adopted.

Any adult may be adopted when the adopting person has sustained the relationship of a parent for a period in 

excess of 1 year while the adopted person was still a minor, or if the court determines a substantial family relationship has been created. 

Who May Place a Child for Adoption

Citation: Idaho Code § 16-1504

The following may consent to the child’s adoption: 

The parent

Any legally appointed custodian or guardian of the child 

•

•

Illinois

Who May Adopt

Citation: 750 ILCS 50/2

The following persons may adopt:

A resident for at least 6 months or a member of the armed forces domiciled in the State for 90 days

A reputable adult of either sex

A minor with leave of the court

Husband and wife must petition jointly.

Residency requirement does not apply to a related child or to an agency placement.

•

•

•

Who May Be Adopted

Citation: 750 ILCS 50/3

The following persons may be adopted:

Any child

Any adult who has resided with the adoptive parent for at least 2 years while the person was a minor or who is 

related to the adoptive parent

•

•

Who May Place a Child for Adoption

Citation: 750 ILCS 50/4.1

The birth mother and father who have the right of consent may place the child with a specified person. All other 

placements must be made by:

The Department of Children and Family Services

Any agency licensed by the department

•

•
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Indiana

Who May Adopt

Citation: Ann. Code §§ 31-19-2-2; 31-19-2-3; 31-19-2-4

The following persons may adopt:

A resident of Indiana may adopt.

A nonresident may adopt a hard to place child.

A husband and wife must petition jointly.

•

•

•

Who May Be Adopted

Citation: Ann. Code §§ 31-19-2-2; 31-19-2-1

The following persons may be adopted:

A child less than age 18

A person age 18 or older who consents to his or her adoption by a resident of Indiana

•

•

Who May Place a Child for Adoption

Citation: Ann. Code § 31-19-7-1

A parent may make a direct placement when the child is sought to be adopted by a stepparent, grandparent, 

aunt, or uncle. In all other cases, a child may not be placed in a proposed adoptive home without the prior written 

approval of a licensed child-placing agency or county office of family and children. 

Iowa

Who May Adopt

Citation: Ann. Stat. § 600.4

The following persons may adopt:

An unmarried adult

A husband and wife together

A husband or wife separately if the petitioner is: 

The stepparent

Separated from his or her spouse

Unable to obtain consent from his or her spouse due to disability, prolonged absence, and an unreasonable unwillingness to consent 

•

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»

»

Who May Be Adopted

Citation: Ann. Stat. § 600.10

Any person may be adopted. The adoption of a minor may not be decreed until the minor has resided with the 

adoptive parent for a minimum of 180 days. 

Who May Place a Child for Adoption

Citation: Ann. Stat. §§ 600.7; 600.7A

The child may be placed by any of the following:

The guardian of the person to be adopted

The Department of Human Services

•

•
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Kansas

Who May Adopt

Citation: Ann. Stat. § 59-2113

The following persons may adopt:

Any adult

A husband and wife jointly

•

•

Who May Be Adopted

Citation: Ann. Stat. § 59-2113

Any minor or adult may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Stat. § 59-2112

A child may placed by any of the following:

The child’s parent(s)

The child’s legal guardian

A person given authority to consent in loco parentis

A child-placing agency

•

•

•

•

Kentucky

Who May Adopt

Citation: Rev. Stat. § 199.470

Any person, age 18 or older, who has been a State resident for at least 12 months may adopt.

A husband and wife must petition jointly. 

Who May Be Adopted

Citation: Rev. Stat. § 199.470

Any child may be adopted. 

Who May Place a Child for Adoption

Citation: Rev. Stat. §§ 199.470; 199.473

The child’s placement must:

Be by a child-placing institution or agency or the cabinet

Have the written approval of the secretary

No approval shall be necessary in the case of:

Adoption by a stepparent, grandparent, sister, brother, aunt, uncle, great grandparent, great aunt, or great 

uncle

Placement by an agency from outside the State with the written consent of the secretary 

An adoption finalized in another country 

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Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

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Louisiana

Who May Adopt

Citation: Ch. Code Art. 1198, 1221

A single person, who is age 18 or older, or a married couple jointly may adopt, either privately or through an agency. 

Who May Be Adopted

Citation: Ch. Code Art. 1198, 1221

Any child may be adopted. 

Who May Place a Child for Adoption

Citation: Ch. Code Art. 1198, 1221

An adoptive placement may be by:

Private placement

A child-placing agency

•

•

Maine

Who May Adopt

Citation: Ann. Stat. Tit. 18-A, § 9-301

The following persons may adopt:

A husband and wife jointly

An unmarried person

A resident or nonresident

•

•

•

Who May Be Adopted

Citation: Ann. Stat. Tit. 18-A, § 9-301

Any person, regardless of age, may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Stat. Tit. 18-A, § 9-302

The child may the placed by:

The child’s parent(s)

The person or agency having legal custody or guardianship of the child

•

•

Maryland

Who May Adopt

Citation: Family Law §§ 5-331; 5-3A-29; 5-3B-12

Any adult may petition to adopt a child. If a petitioner is married, the petitioner’s spouse shall join in the petition 

unless the spouse:

Is separated from the petitioner

Is not competent to join in the petition

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Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

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Who May Be Adopted

Citation: Family Law §§ 5-331; 5-3A-29; 5-3B-12

Any child may be adopted. 

Who May Place a Child for Adoption

Citation: Family Law §§ 5-331; 5-3A-29; 5-3B-12

The child may be placed by any of the following:

A parent or grandparent

A local department that has custody of the child

A child-placing agency that has been awarded guardianship

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•

Massachusetts

Who May Adopt

Citation: Ann. Laws Ch. 210 § 1

The following persons may adopt:

Any adult

A husband and wife jointly

A minor with his or her spouse to adopt the natural child of either spouse

•

•

•

Who May Be Adopted

Citation: Ann. Laws Ch. 210 § 1

Any person younger than the petitioner may be adopted, except for a spouse, sibling, or aunt or uncle 

Who May Place a Child for Adoption

Citation: Ann. Laws Ch. 210, §§ 2; 2A

The child may be placed by any of the following:

The child’s parent(s) when the placement has been approved by the department or an authorized agency

The Department of Social Services

A licensed child-placing agency

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Michigan

Who May Adopt

Citation: Comp. Laws § 710.24

The following persons may adopt:

Any person

A husband and wife jointly

•

•

Who May Be Adopted

Citation: Comp. Laws § 710.24

Any child or adult may be adopted. 
Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

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Who May Place a Child for Adoption

Citation: Comp. Laws §§ 710.23a, 710.23b, 710.23c

The child may be placed by any of the following:

A parent or guardian having legal and physical custody

A child-placing agency

The department

A court having legal custody

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•

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Minnesota

Who May Adopt

Citation: Ann. Stat. § 259.22

Any person who has resided in the State for at least 1 year may adopt. The court may waive any residence requirement if the petitioner is an individual who is related to the child, a member of a child’s extended family, or important 

friends with whom the child has resided or had significant contact. 

Who May Be Adopted

Citation: Ann. Stat. § 259.22

Any child or adult may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Stat. §§ 259.22; 259.47

The child must be placed by the Commissioner of Human Services, the Commissioner’s agent, or a licensed childplacing agency. An exception may be made if:

The child is age 14 years or older.

The child is sought to be adopted by an individual who is related to the child.

The child has been lawfully placed under the laws of another State while the child and petitioner resided in 

that other State.

The court waives the requirement in the best interests of the child or petitioners.

The child has been lawfully placed by a parent or guardian in a direct placement.

Direct placement by a parent or guardian must be approved by the court, and an adoption study completed. 

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Mississippi

Who May Adopt

Citation: Ann. Code § 93-17-3

The following persons may adopt:

An unmarried adult

A married person jointly with his or her spouse

A State resident for a least 90 days, except in an agency adoption

Adoption by persons of the same gender is prohibited.

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Who May Be Adopted

Citation: Ann. Code § 93-17-3

Any person may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Code §§ 93-17-5; 93-17-9

The child may be placed by any of the following:

The parent(s)

Any two adult kin of the child if both parents are deceased

A guardian ad litem of an abandoned child

A child-placing agency to whom the child has been surrendered

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Missouri

Who May Adopt

Citation: Ann. Stat. § 453.010

The following persons may adopt:

Any person, regardless of residence

A person who petitions jointly with his or her spouse

•

•

Who May Be Adopted

Citation: Ann. Stat. § 453.010

Any child may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Stat. § 453.014

The child may be placed by any of the following:

The Division of Family Services of the Department of Social Services

A licensed child-placing agency

The child’s parent(s) without the direct or indirect assistance of an intermediary, in the home of a relative of 

the child within the third degree

An intermediary, including an attorney, physician, or clergyman

•

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Montana

Who May Adopt

Citation: Ann. Code § 42-1-106

The following persons may adopt:

A husband and wife jointly

A stepparent

An unmarried individual who is age 18 or older

A married person singly who is legally separated or whose spouse is incompetent

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Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

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Who May Be Adopted

Citation: Ann. Code § 42-1-105

The following persons may be adopted:

A child who is legally free for adoption

Any adult

A stepchild

•

•

•

Who May Place a Child for Adoption

Citation: Ann. Code § 42-1-107

A child may be placed for adoption by:

The department or agency to which the child has been relinquished or has been authorized to place the child

The child’s parents

A guardian authorized by the court

•

•

•

Nebraska

Who May Adopt

Citation: Rev. Stat. § 43-101

Any adult person may adopt. A husband and wife must adopt jointly, unless the adoptive parent is a stepparent. 

Who May Be Adopted

Citation: Rev. Stat. § 43-101

Any minor or adult child may be adopted. 

Who May Place a Child for Adoption

Citation: Rev. Stat. § 43-105

The following persons may consent to the adoptive placement of a child:

The parents

The Department of Health and Human Services

A licensed child-placing agency

The child’s guardian or guardian ad litem

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Nevada

Who May Adopt

Citation: Rev. Stat. §§ 127.020; 127.030

The following persons may adopt:

An adult person at least 10 years older than the adopted person

Any adult

Married persons must adopt jointly.

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Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

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Who May Be Adopted

Citation: Rev. Stat. §§ 127.020; 127.190

The following persons may be adopted:

A minor child at least 10 years younger than the adoptive parent

Any adult person younger than the adoptive parent

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•

Who May Place a Child for Adoption

Citation: Rev. Stat. §§ 127.040; 127.050

The parents or guardian of the child may consent to a specific adoption or relinquish the child to an agency authorized to accept relinquishments. An agency that provides child welfare services or a licensed child-placing agency 

may accept relinquishments and make adoptive placements 

New Hampshire

Who May Adopt

Citation: Rev. Stat. § 170-B:4

Any of the following adults may adopt:

A husband and wife together

A married person without his or her person spouse joining as a petitioner if any one of the following circumstances apply:

The petitioner is the stepparent.

The petitioner and his or her spouse are legally separated.

The failure of the petitioner’s spouse to join in the petition is excused by the court by reason of prolonged 

unexplained absence, unavailability, or circumstances constituting an unreasonable withholding of assent.

The petitioner’s spouse assents to the adoption and the adopted person is over age 18.

An unmarried adult

The unmarried parent of the adopted person

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Who May Be Adopted

Citation: Rev. Stat. § 170-B:3

Any individual may be adopted. 

Who May Place a Child for Adoption

Citation: Rev. Stat. § 170-B:5

The child may be placed by any of the following:

The parents or legal guardian

The Department of Health and Human Services

An agency licensed to place children

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•
Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

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New Jersey

Who May Adopt

Citation: Ann. Stat. §§ 9:3-39.1; 9:3-43

Any of the following persons may adopt:

Any person who is at least 18 years of age and 10 years older than the child to be adopted

Married persons jointly

The child’s brother, sister, aunt, uncle, grandparent, birth father, or stepparent

•

•

•

Who May Be Adopted

Citation: Ann. Stat. § 9:3-39.1

Any child may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Stat. § 9:3-39.1

A child may be placed for adoption by:

The parent or guardian of the child

An approved agency

An intermediary, if the adoptive parent has been qualified for placement by an approved agency home study

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•

New Mexico

Who May Adopt

Citation: Ann. Stat. § 32A-5-11

Residents who are one of the following may adopt:

Any individual who has been approved by the court as a suitable adoptive parent

A married individual without the individual’s spouse joining in the adoption if:

The nonjoining spouse is a parent of the adopted person.

The individual and the nonjoining spouse are legally separated.

The failure of the nonjoining spouse to join in the adoption is excused for reasonable circumstances as 

determined by the court.

Nonresidents may adopt in New Mexico if the adopted person is a resident of New Mexico or was born in New 

Mexico but is less than 6 months of age and was placed by the department or an agency licensed by the State of 

New Mexico. 

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Who May Be Adopted

Citation: Ann. Stat. §§ 32A-5-11; 32A-5-5

Any child may be adopted. 

An Indian child should be placed with: 

His or her extended family

Members of his or her tribe 

Other Indian families

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Who May Place a Child for Adoption

Citation: Ann. Stat. § 32A-5-12

Placements for adoption shall be made by:

The department

An appropriate public authority of another State

An agency

A parent may arrange an independent placement for his or her child pursuant to § 32A-5-13. In such case, the petitioner must file a request with the court to allow the placement. A preplacement study will be required. An exception to these requirements is made when:

A stepparent seeks to adopt the child, and prior to the filing of the adoption petition, the child has lived with 

the stepparent for at least 1 year since the marriage of the stepparent to the custodial parent and the family 

has received counseling. 

A relative within the fifth degree of consanguinity to the child or that relative’s spouse seeks to adopt the 

child, and, prior to the filing of the adoption petition, the child has lived with the relative or the relative’s 

spouse for at least 1 year.

A person designated to care for the child in the will of the child’s deceased parent seeks to adopt the child, 

and, prior to the filing of the adoption petition, the child has lived with that person for at least 1 year.

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New York

Who May Adopt

Citation: Dom. Rel. Law § 110

The following persons may adopt:

An adult unmarried person

An adult husband and adult wife together

An adult married person legally separated

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•

•

Who May Be Adopted

Citation: Dom. Rel. Law § 110

Any person may be adopted. 

Who May Place a Child for Adoption

Citation: Soc. Serv. Law § 374

The child may be placed for adoption by:

An authorized agency

A parent

A legal guardian

A relative within the second degree

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Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

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North Carolina

Who May Adopt

Citation: Gen. Stat. § 48-1-103

Any adult may adopt, except that spouses may not adopt each other. 

Who May Be Adopted

Citation: Gen. Stat. § 48-1-104

Any individual may be adopted. 

Who May Place a Child for Adoption

Citation: Gen. Stat. § 48-3-201

The child may be placed by any of the following:

An agency

A guardian

Both parents if married and living together

A parent with legal and physical custody of the child

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North Dakota

Who May Adopt

Citation: Cent. Code § 14-15-03

The following persons may adopt:

A husband and wife jointly if they are not separated, even if one or both are minors

An unmarried adult

The unmarried parent of the person to be adopted

A married individual singly if he or she is legally separated or the child’s stepparent

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•

•

•

Who May Be Adopted

Citation: Cent. Code § 14-15-02

Any individual may be adopted. 

Who May Place a Child for Adoption

Citation: Cent. Code §§ 14-15-05; 50-06-01.4

The child may be placed by:

The child’s parent(s)

The custodian of the child

The department

A licensed child-placing agency

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Northern Mariana Islands

Who May Adopt

Citation: Commonwealth Code Tit. 8, § 1403

Any adult resident may adopt who is: 

Unmarried

Married to the legal parent

Husband and wife jointly

At least 10 years older than the child to be adopted

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•

Who May Be Adopted

Citation: Commonwealth Code Tit. 8, § 1402

Any person under age 18 may be adopted.

The court may allow the adoption of persons over age 18 if in conformance with local custom or not for the purpose 

of evading the law.

Who May Place a Child for Adoption

Citation: Commonwealth Code Tit. 8, § 1404

The child may be placed by:

The mother

The legal father

Any person or agency having legal custody of the child

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Ohio

Who May Adopt

Citation: Rev. Code § 3107.03

The following persons may adopt:

A husband and wife together, at least one of whom is an adult

An unmarried adult or a married person singly if legally separated

The unmarried minor parent of the person to be adopted

A stepparent

•

•

•

•

Who May Be Adopted

Citation: Rev. Code § 3107.02

The following persons may be adopted:

Any minor

An adult if he or she is:

Totally and permanently disabled

Mentally retarded

A stepchild or foster child of the adoptive parent and the relationship was established while the adopted 

person was still a minor

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Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

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Who May Place a Child for Adoption

Citation: Rev. Code § 3107.011

A person seeking to adopt a minor shall utilize an agency or attorney to arrange the adoption. Only an agency or 

attorney may arrange an adoption.

Any person may informally aid or promote an adoption by making a person seeking to adopt a minor aware of a 

minor who will be or is available for adoption. 

Oklahoma

Who May Adopt

Citation: Ann. Stat. Tit. 10, § 7503-1.1

The following persons may adopt:

A husband and wife jointly if both are at least age 21

Either the husband or wife if the other spouse is a parent or relative of the child

A married person who is legally separated and at least age 21

An unmarried person who is at least age 21

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•

•

Who May Be Adopted

Citation: Ann. Stat. Tit. 10, §§ 7503-1.1; 7507-1.1

Either a child or an adult may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Stat. Tit. 10, § 7503-2.1

A child may be placed by:

The child’s parent(s)

Legal guardian or guardian ad litem

The department

A licensed child-placing agency

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Oregon

Who May Adopt

Citation: Rev. Stat. § 109.309

Any person may petition to adopt as long as at least one party in the proceeding is a resident of Oregon. 

Who May Be Adopted

Citation: Rev. Stat. § 109.309

The following persons may be adopted:

A minor child

An adult

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•
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Who May Place a Child for Adoption

Citation: Rev. Stat. § 109.309

A child may be placed for adoption by:

A parent

A relative or other person

A licensed adoption agency

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•

Pennsylvania

Who May Adopt

Citation: Cons. Stat. Tit. 23, § 2312

Any individual may adopt. 

Who May Be Adopted

Citation: Cons. Stat. Tit. 23, § 2311

Any individual may be adopted, regardless of age or residence. 

Who May Place a Child for Adoption

Citation: Cons. Stat. Tit. 23, §§ 2501; 2502

The child’s parent(s) may relinquish the child to a child-placing agency or directly to the adoptive parents. 

Puerto Rico

Who May Be Adopted

Citation: Ann. Laws Tit. 31, § 533

The following persons may be adopted: 

Nonemancipated minors and minors emancipated by judicial decree or with the consent of the father, mother, 

or parents with patria potestas

An unmarried emancipated minor or a person of legal age under one of the following circumstances:

The adopted person has resided in the home of the adoptive parents prior to having reached age 18 and 

the situation has continued to the date the petition for adoption is filed.

The adopted person is an emancipated minor who has never been married.

The following persons may not be adopted:

Those persons who have reached legal age as of the date an adoption decree is granted, even though they 

are minors at the time the petition for adoption is filed

Presently or formerly married persons, even though they may be minors

An ascendant of the adoptive parent with a relationship of consanguinity or affinity

A guardian by his or her ward

A ward by his or her guardian until the final and binding approval by judicial decree of the general and final 

guardianship account

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Who May Place a Child for Adoption

Citation: Ann. Laws Tit. 31, § 535

The child may be placed by:

The child’s parent(s) 

The department

The child’s legal guardian 

The child’s grandparents

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•

•

Rhode Island

Who May Adopt

Citation: Gen. Laws § 15-7-4

The following persons may adopt:

Any adult resident 

A nonresident who adopts a child in the custody of a child-placing agency

A husband and wife must petition jointly.

•

•

Who May Be Adopted

Citation: Gen. Laws § 15-7-4

The following persons may be adopted:

Any person younger than the adopter and under age 18

Persons over age 18 whose adoptions are granted by the probate court

•

•

Who May Place a Child for Adoption

Citation: Gen. Laws § 15-7-2

Placements may be made in the following manner:

A parent may place his or her child directly with a father, brother, sister, aunt, uncle, grandparent, or stepparent of the child.

When a parent places the child with any other person, the parent must notify the department within 15 days.

The court shall determine whether the placement is in the best interests of the child.

The court may approve the placement, return the child to his or her parent, or place the child with the department or child-placing agency.

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South Carolina

Who May Adopt

Citation: Ann. Code § 20-7-1670

The following persons may adopt:

Any South Carolina resident may adopt.

A nonresident may adopt if:

The child is a special needs child.

The child is being placed with a relative.

At least one of the adoptive parents is a member of the military. 

Unusual or exceptional circumstances or public notoriety concerning the child or the child’s family mean 

the best interests of the child would be served by adoption by placement outside the State.

The child has been in foster care for at least 6 months and has been legally freed for adoption. 

•

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Who May Be Adopted

Citation: Ann. Code § 20-7-1660

Any child present within the State at the time the petition is filed may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Code § 20-7-1670

The child may be placed by the following:

A parent

The department

A child-placing agency

•

•

•

South Dakota

Who May Adopt

Citation: Ann. Laws § 25-6-2; 25-6-3

Any adult person who is at least 10 years older than the child may adopt. A married person must have the consent 

of his or her spouse, unless they are legally separated. 

Who May Be Adopted

Citation: Ann. Laws §§ 25-6-2; 25-6-18

Any minor child may be adopted. An adult may be adopted if he or she lived in the home of the adoptive parents 

during his or her minority for at least 6 months. 

Who May Place a Child for Adoption

Citation: Ann. Laws § 26-6-8

Only the following may place a child for adoption:

A parent

A guardian

A relative within the second degree

A licensed child welfare agency

The Department of Social Services

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•

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•
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Tennessee

Who May Adopt

Citation: Ann. Code § 36-1-115

Any person over age 18 who has been a resident for at least 6 months may adopt, with the following stipulations:

Spouses must petition jointly.

Foster parents are given first preference on adopting their foster child.

•

•

Who May Be Adopted

Citation: Ann. Code § 36-1-115

Any person may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Code § 36-1-108

Only the following may place a child for adoption:

The child’s parent

The department

A licensed child-placing agency

A licensed clinical social worker

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•

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•

Texas

Who May Adopt

Citation: Fam. Code § 162.001

Any adult may adopt. 

Who May Be Adopted

Citation: Fam. Code § 162.001

A child residing in the State may be adopted if any of the following hold: 

The rights of the parents have been terminated.

The petitioner is a stepparent.

The child is at least 2 years old, and the petitioner is a former stepparent who:

Has cared for the child at least 6 months, and the non-terminated parent consents

Has had care, possession, and control of the child for at least 1 year

•

•

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Who May Place a Child for Adoption

Citation: Fam. Code § 162.025

Only the following may place the child:

The child’s natural or adoptive parent

The child’s legal guardian

A licensed child-placing agency

•

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Utah

Who May Adopt

Citation: Ann. Code §§ 78-30-1; 78-30-2; 78-30-3

The following persons are eligible to adopt:

Adults who are legally married to each other

A stepparent

Any single adult

The following qualifications apply:

Persons who are cohabiting but not legally married may not adopt.

The adoptive parent must be at least 10 years older than the adopted person.

In the case of a married couple, only one person needs to be 10 years older.

A married person may not adopt without the consent of his or her spouse unless they are legally separated.

•

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•

•

•

•

Who May Be Adopted

Citation: Ann. Code § 78-30-1

Any minor child or adult may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Code § 62A-4a-602

The child may be placed by the following:

A parent

A licensed child-placing agency

An attorney, physician, or other person may assist a parent in identifying or locating a person interested in adopting 

the parent’s child, or in identifying or locating a child to be adopted. However, no payment, charge, fee, reimbursement of expense, or exchange of value of any kind, or promise or agreement to make the same, may be made for 

that assistance. 

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Vermont

Who May Adopt

Citation: Ann. Stat. Tit. 15A, § 1-102

The following persons may adopt:

Any person

A parent’s partner

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Who May Be Adopted

Citation: Ann. Stat. Tit. 15A, § 1-102

Any person may be adopted. 
Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

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Who May Place a Child for Adoption

Citation: Ann. Stat. Tit. 15A, § 2-101

Only the following may place a child for adoption:

The parent having legal custody

A guardian who has been expressly authorized to place the child for adoption

An agency to which the child has been relinquished

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Virgin Islands

Who May Adopt

Citation: Ann. Code Tit. 16, § 141

Any inhabitant of the Virgin Islands may adopt a child. Married couples may adopt jointly. 

Who May Be Adopted

Citation: Ann. Code Tit. 16, § 141

A child who is in the Virgin Islands may be adopted. 

Who May Place a Child for Adoption

Citation: Ann. Code Tit. 16, § 142

A child may be placed for adoption by the following:

A parent

A guardian or guardian ad litem

Next of kin

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Virginia

Who May Adopt

Citation: Ann. Code § 63.2-1201

The following persons may adopt:

Any resident

A husband and wife jointly

A stepparent

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Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

34 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/parties.cfm.

Who May Be Adopted

Citation: Ann. Code §§ 63.2-1200; 63.2-1243

The following persons may be adopted:

A minor child

A person age 18 or older under the following circumstances: 

The adopted person is a stepchild to whom the petitioner has stood in loco parentis for a period of at 

least 3 months.

The adopted person is a niece or nephew who has no living parents and who has lived in the home of the 

petitioner for at least 3 months.

The adopted person is the birth child of the petitioner or had resided in the home of the petitioner for a 

period of at least 3 months prior to reaching age 18.

The adopted person is at least 15 years younger than the petitioner, and the petitioner and the adopted 

person have known each other for at least 5 years prior to the filing of the petition for adoption. 

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Who May Place a Child for Adoption

Citation: Ann. Code § 63.2-1200

A child may be placed for adoption by:

A licensed child-placing agency

A local board of social services

The child’s parent or legal guardian if the placement is a parental placement

An out-of-State agency that is licensed by that State, but any entrustment agreement must comply with 

Virginia law to be valid

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Washington

Who May Adopt

Citation: Rev. Code § 26.33.140

Any person who is legally competent and age 18 or older may adopt. 

Who May Be Adopted

Citation: Rev. Code § 26.33.140

Any person, regardless of age or residence, may be adopted. 

Who May Place a Child for Adoption

Citation: Rev. Code § 26.33.160

A child may be placed for adoption by:

The child’s parent or guardian

The department

A child-placing agency

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Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

35 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/parties.cfm.

West Virginia

Who May Adopt

Citation: Ann. Code § 48-22-201

The following persons may adopt:

Any person

A stepparent with the consent of his or her spouse

A husband and wife jointly

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Who May Be Adopted

Citation: Ann. Code §§ 48-22-201; 48-22-801

The following persons may be adopted:

Any minor child

Any person age 18 or older, if the adopting parent is a West Virginia resident 

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Who May Place a Child for Adoption

Citation: Ann. Code §§ 49-3-1; 48-22-104

Relinquishment for an adoption to an agency or to the department is required of the birth parent or any other 

person whose consent is required by § 48-22-301. Only a public or private agency or the department of health and 

human resources is authorized to place children for adoption. 

Wisconsin

Who May Adopt

Citation: Ann. Stat. § 48.82

The following State residents are eligible to adopt:

A husband and wife jointly

A stepparent

An unmarried adult

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Who May Be Adopted

Citation: Ann. Stat. § 48.81

Any child present in the State may be adopted if any of the following criteria are met: 

Both of the child’s parents are deceased.

The parental rights of both of the child’s parents have been terminated. 

The parental rights of one of the child’s parents have been terminated and the child’s other parent is 

deceased.

The person filing the petition for adoption is the spouse of the child’s parent with whom the child and the 

child’s parent reside and either of the following applies:

The child’s other parent is deceased.

The parental rights of the child’s other parent with respect to the child have been terminated.

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Who May Adopt, Be Adopted, or Place a Child for Adoption? Summary of State Laws www.childwelfare.gov

36 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/parties.cfm.

Who May Place a Child for Adoption

Citation: Ann. Stat. §§ 48.837; 48.833

The child may be placed for adoption by the following:

A parent having custody of the child

The department

A licensed child-placing agency

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Wyoming

Who May Adopt

Citation: Ann. Stat. § 1-22-103

Any adult person who has resided in the State at least 60 days and has been determined to be fit and competent 

may adopt. 

Who May Be Adopted

Citation: Ann. Stat. § 1-22-102

Any person may be adopted who is present within the State when the petition is filed. 

Who May Place a Child for Adoption

Citation: Ann. Stat. § 1-22-109

The child may be placed for adoption by:

The child’s parent(s)

The child’s legal guardian or custodian

A licensed child-placing agency

The Department of Family Services

The legal guardian of any parent who is adjudged mentally incompetent

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