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

800.394.3366

Email: info@childwelfare.gov

www.childwelfare.gov

STATE 

STATUTES

Current Through 

March 2010

Court Jurisdiction 

and Venue for 

Adoption Petitions

Electronic copies of this publication 

may be downloaded at 

www.childwelfare.gov/systemwide/

laws_policies/statutes/jurisdiction.cfm

To find statute information for a 

particular State, go to 

www.childwelfare.gov/systemwide/

laws_policies/state/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 download it at 

www.childwelfare.gov/systemwide/

laws_policies/statutes/jurisdiction.pdf

Adoption is a legal process for making a child a 

permanent member of a family other than the 

child’s birth family.1

 Jurisdiction refers to the type of 

court that hears adoption cases. Venue refers to the 

geographic location of the court.

Jurisdiction

In each State, different courts are designated by 

statute with the responsibility to hear certain types 

of cases. That designation is what is meant by the 

1	 The adopted person is not always a child. For more information, see

Child Welfare Information Gateway’s Who May Adopt, Be Adopted, 

or Place a Child for Adoption? at www.childwelfare.gov/systemwide/

laws_policies/statutes/parties.cfm.
Court Jurisdiction and Venue for Adoption Petitions www.childwelfare.gov

2 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/jurisdiction.cfm

term “jurisdiction.” For example, criminal cases are tried in State 

criminal courts. Adoption is a civil procedure, and at the State 

level, certain civil courts are given authority to hear adoption 

cases. A person who seeks to adopt a child must file his or her 

petition for adoption with the appropriate civil court.2

All 50 States, the District of Columbia, American Samoa, Guam, 

the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin 

Islands specify in their statutes one or more types of courts that 

have jurisdiction over adoption cases.

Examples of 

Jurisdiction

State courts are organized in a hierarchy that includes both of 

the following:

• Courts of original jurisdiction, where cases are first heard 

• Appellate courts, which review cases that have been 

appealed from lower courts’ decisions 

The names assigned to these courts vary from State to State. All 

adoption cases start with a petition filed with the appropriate 

court of original jurisdiction.

The type of court designated as the court of original jurisdiction 

for adoption cases in each State reflects the organization of that 

State’s court system. Names given to these courts include:

• Circuit court, used in nine States3

• District court, used in eight States and one territory4

• Superior court, used in seven States, two territories, and the 

District of Columbia5

• Probate court, used in nine States6

2	 In the case of adopting a child from foster care, the court having jurisdiction over the

adoption petition may be the juvenile court that terminated the birth parents’ parental

rights, or a different court may have jurisdiction.

3	 Florida, Illinois, Kentucky, Michigan, Missouri, Oregon, South Dakota, Virginia, and

West Virginia.

4	 Idaho, Kansas, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Wyoming,

and American Samoa.

5	 Alaska, Arizona, California, Georgia, New Jersey, North Carolina, Washington, Guam,

and the Virgin Islands.

6	 Alabama, Arkansas, Connecticut, Indiana, Maine, Massachusetts, New Hampshire,

Ohio, and Vermont.
Court Jurisdiction and Venue for Adoption Petitions www.childwelfare.gov

3 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/jurisdiction.cfm

• Family court, used in five States7

• Juvenile court, used in four States8

Some other names used are equity (Maryland), chancery 

(Mississippi and Tennessee), court of common pleas 

(Pennsylvania), county (Nebraska and Wisconsin), trial (Northern 

Mariana Islands), and court of first instance (Puerto Rico).9

In some States, other courts may have jurisdiction over an 

adoption case under specific circumstances. For example, in six 

States (Arkansas, California, Georgia, Massachusetts, Nebraska, 

and Utah), the juvenile court will have jurisdiction if the child 

to be adopted has previously been placed under that court’s 

supervision or if that court handled the case of termination of 

the parents’ rights. In Nevada and New Mexico, if the child to be 

adopted is an Indian child, a Tribal court may have jurisdiction 

over the case. The trial division of the high court has jurisdiction 

over contested adoptions in American Samoa. 

In some States, more than one court may have jurisdiction over 

adoption cases. In those States, either court designated in 

statute may hear an adoption petition. For example, in Iowa, 

either the juvenile or county court may have jurisdiction. In New 

York, either the family court or surrogate’s (probate) court has 

jurisdiction. Either the chancery or circuit court has jurisdiction 

in Tennessee, while in Texas, a district court, juvenile court, or 

other court having jurisdiction of a suit affecting the parent-child 

relationship may hear an adoption petition.

Venue

Venue refers to the geographic location of the court that will 

hear the case. Most States, Puerto Rico, and the Virgin Islands 

maintain courts of all types located in counties or districts 

7	 Delaware, Hawaii, New York, Rhode Island, and South Carolina.

8	 Colorado, Iowa, Louisiana, and Minnesota.

9	 In addition, in some States, the court of original jurisdiction for adoption proceedings

may be a division of a court of more general jurisdiction. For example, in Michigan,

the family division of the circuit court has jurisdiction over adoptions. In New Mexico,

jurisdiction over adoption petitions lies with the children’s court division of the district

court, while in Missouri, the juvenile division of the circuit court has jurisdiction over

adoption proceedings.
Court Jurisdiction and Venue for Adoption Petitions www.childwelfare.gov

4 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/jurisdiction.cfm

throughout the State or territory.10 Petitions for adoption are 

filed in the type of court that has the appropriate jurisdiction at 

the location (or venue) that is convenient to the parties involved 

in the case. In many cases, there is a residency requirement. 

In many States, venue options include the county in which the 

person seeking to adopt (petitioner) resides or is in military 

service, where the child to be adopted resides, or where the 

child-placing agency is located. Other venue options include 

the county where parental rights were terminated (Louisiana, 

New York, California) or the county in which the placing birth 

parent(s) lived when the placement agreement was signed or the 

adoption petition was filed (California).

Note: Adoptions in which the child and the adopting parents 

live in different States can be more involved, and in those 

cases the court supervising the placement may be different 

from the one listed in this publication. Most cases are subject 

to the provisions of the Interstate Compact on the Placement 

of Children (ICPC). The ICPC is an agreement among all 50 

States, the District of Columbia, and the U.S. Virgin Islands. The 

agreement provides for the movement and safe placement of 

children between States when the children are in the custody of 

a State or being placed for private/independent adoption.11

10 Rhode Island, the District of Columbia, American Samoa, Guam, and the Northern

Mariana Islands, due to their small geographic areas, have one court that handles

adoption petitions. For this reason, the statutes do not specify venue.

11 For more information, see ICPC Frequently Asked Questions, from the Association

of Administrators of the Interstate Compact on the Placement of Children, available at

http://icpc.aphsa.org/Home/faqs.asp.

This publication is a product of the State Statutes Series 

prepared by Child Welfare Information Gateway in 

cooperation with the National Center for Adoption Law 

& Policy. While every attempt has been made to be as 

complete as possible, additional information on these topics 

may be in other sections of a State’s code as well as agency 

regulations, case law, and informal practices and procedures.
www.childwelfare.gov

5 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

Alabama

 Jurisdiction

Citation: Ala. Code § 26-10A-3

The probate court has original jurisdiction over adoption proceedings.

If any party fails to or is unable to consent, the proceeding shall be transferred to the juvenile division of the circuit 

court for the limited purpose of termination of parental rights. 

 Venue

Citation: Ala. Code § 26-10A-4

All petitions may be filed in the probate court in the county in which:

• The minor or adult resides or has a legal residence.

• A petitioner resides or is in the military service.

• An office of any agency having guardianship is located.

Alaska

 Jurisdiction

Citation: Alaska Stat. § 25.23.030

Proceedings for adoption shall be brought in the superior court. 

 Venue

Citation: Alaska Stat.§ 25.23.030

Venue is in the county where the adoptee resides, the petitioner resides or is in military service, or the agency having 

custody is located.

The court may transfer, stay, or dismiss the adoption proceeding if it is in the interest of substantial justice that the 

case be heard in another judicial district. 

American Samoa

 Jurisdiction

Citation: Ann. Code §§ 45.0103(8); 45.0115

The district court has original jurisdiction over uncontested adoptions.

The trial division of the high court has jurisdiction over contested adoptions. 

 Venue

This issue is not addressed in the statutes reviewed. 

Arizona

 Jurisdiction

Citation: Rev. Stat. § 8-102.01

If a petition for adoption is filed prior to a child’s 18th birthday, jurisdiction of the superior court continues for 

purposes of entering an order of adoption of such child even if the child becomes age 18 prior to the final 

adoption hearing. 
www.childwelfare.gov

6 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

 Venue

Citation: Rev. Stat. § 8-104

The adoption petition may be filed in the court of the county in which:

• The prospective adoptive parents reside. 

• The child is a ward, i.e., in the care of a governmental agency.

Arkansas

 Jurisdiction

Citation: Ann. Code §§ 9-9-202(2); 9-9-205(3)(B); 9-27-306(a)

The probate court shall possess jurisdiction over the adoption of a minor if the person seeking to adopt the child, or 

the child, is a resident of the State.

The circuit court:

• Shall retain jurisdiction to issue orders of adoption, interlocutory or final, when a juvenile is placed outside the 

State of Arkansas

• Shall have exclusive original jurisdiction of proceedings for termination of parental rights for a juvenile under 

title 9, subchapter 27 

If the juvenile is the subject matter of an open case filed under § 9-27-301 et seq., the adoption petition shall be 

filed in that case. 

For the adoption of an adult, the physical presence of the petitioner or petitioners or the individual to be adopted 

shall be sufficient to confer subject matter jurisdiction.

 Venue

Citation: Ann. Code §§ 9-9-205(c); 9-27-307

Proceedings for adoption must be brought in the county in which, at the time of filing or granting the petition, the 

petitioner or petitioners, or the individual to be adopted resides or is in military service, or in which the agency 

having the care, custody, or control of the minor is located.

If the court finds in the interest of substantial justice that the matter should be heard in another forum, the court may 

transfer, stay, or dismiss the proceedings in whole or in part on any conditions that are just.

Adoptions and guardianships may be filed in a juvenile court that has previously asserted continuing jurisdiction of 

the juvenile. 

California

 Jurisdiction

Citation: Fam. Code § 200; Welf. & Inst. Code § 366.3

The superior court has jurisdiction over proceedings under the Family Code.

If a juvenile court orders a permanent plan of adoption or legal guardianship [for a child who has been adjudged 

a dependent of the court], the court shall retain jurisdiction over the child until the child is adopted or the legal 

guardianship is established. 
www.childwelfare.gov

7 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

 Venue

Citation: Fam. Code §§ 8714; 8802; 9000; Welf. & Inst. Code § 366.3

The petition shall be filed in the county in which:

• The petitioner resides.

• The placing birth parent(s) resided when the placement agreement was signed.

• The placing birth parent(s) resided when the petition was filed.

• The court that has jurisdiction over a dependent child and has terminated the parents parental rights is 

located.

Colorado

 Jurisdiction

Citation: Rev. Stat. § 19-1-104(1)

The juvenile court shall have exclusive original jurisdiction in proceedings for the adoption of a person of any age. 

 Venue

Citation: Rev. Stat.§ 19-5-204

A petition for adoption shall be filed in the county of residence of the petitioner or in the county in which the 

placement agency is located. 

Connecticut

 Jurisdiction

Citation: Ann. Stat. § 45a-727

An application for adoption must be filed in a court of probate. 

 Venue

Citation: Ann. Stat. § 45a-727(a)(4)

The application for adoption shall be filed in the probate court for the district where the adopting parent resides or 

in the district where the main office or any local office of the statutory parent is located. 

Delaware

 Jurisdiction

Citation: Ann. Code Tit. 13, § 902

The family court shall have jurisdiction over adoption proceedings. 

Jurisdiction is retained, even if the petitioner moves into another county or jurisdiction, until a final decision 

is rendered.

Whenever the family court has jurisdiction for the purposes of terminating parental rights over a child, it shall retain 

jurisdiction for the purposes of an adoption proceeding. 
www.childwelfare.gov

8 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

 Venue

Citation: Ann. Code Tit. 13, § 902(b)

The adoption petition shall be filed in the county in which:

• The licensed or authorized agency placing the child is located.

• The petitioner resides.

District of Columbia

 Jurisdiction

Citation: Ann. Code § 16-301

The Superior Court of the District of Columbia has jurisdiction to hear and determine petitions and decrees of 

adoption of any adult or child. 

Jurisdiction shall be conferred when any of the following circumstances exist:

• The petitioner is a legal resident of the District of Columbia.

• The petitioner has actually resided in the District for at least 1 year prior to the filing of the petition.

• The child to be adopted is in the legal care, custody, or control of the Mayor or a child-placing agency 

licensed under the laws of the District. 

 Venue

This issue is not addressed in the statutes reviewed. 

Florida

 Jurisdiction

Citation: Ann. Stat.§ 63.102(1)

An adoption petition must be filed in the circuit court. 

The circuit court in this State must retain jurisdiction over the matter until a final judgment is entered on the 

adoption, either within or outside the State. The Uniform Child Custody Jurisdiction and Enforcement Act does not 

apply until a final judgment is entered on the adoption. 

 Venue

Citation: Ann. Stat. § 63.102(2)

A petition for adoption shall be filed in the county where the petition for termination of parental rights was granted 

or where the adoption entity is located. 

Georgia

 Jurisdiction

Citation: Ann. Code § 19-8-2(a)

The superior court of each county shall have exclusive jurisdiction in all matters of adoption, except in counties in 

which such jurisdiction has been granted to the juvenile courts. 
www.childwelfare.gov

9 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

 Venue

Citation: Ann. Code § 19-8-2(b)

All adoption petitions shall be filed in the county in which any petitioner resides, except that:

• Upon good cause being shown, the court of the county of the child’s domicile or of the county in which is 

located any child-placing agency having legal custody of the child sought to be adopted may, in its discretion, 

allow the petition to be filed in that court.

• Any person who has been a resident of any United States Army post or military reservation within this State 

for the 6 months preceding the filing of the petition for adoption may file the petition in any county adjacent 

to the United States Army post or military reservation.

Guam

 Jurisdiction

Citation: Ann. Code Tit. 19, §§ 5102; 5103

The family division of the superior court has jurisdiction over the adoption of a minor child. 

 Venue

This issue is not addressed in the statutes reviewed. 

Hawaii

 Jurisdiction

Citation: Rev. Stat. § 578-1

An adoption petition must be filed in the family court in the relevant circuit. 

 Venue

Citation: Rev. Stat. § 578-1

The appropriate circuit is the one in which:

• The petitioner resides or is in military service.

• The child to be adopted resides or was born.

• A child-placing organization that has legal custody of the child is located.

Idaho

 Jurisdiction

Citation: Ann. Code § 16-1506 

Adoption petitions must be filed in the district court of the relevant county.

If the adoption arises from a child protective act case, the petition shall be filed in the court having jurisdiction over 

the child protective act case unless that court relinquishes jurisdiction over the adoption proceeding. 

 Venue

Citation: Ann. Code § 16-1506 

The petition must be filed in the county in which the petitioner(s) resides. Petitioner(s) shall have resided and 

maintained a dwelling within the State of Idaho for at least 6 consecutive months prior to the filing of the petition. 
www.childwelfare.gov

10 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

Illinois

 Jurisdiction

Citation: Comp. Stat. Ch. 750 § 50/4 

The circuit court in the relevant county has jurisdiction over adoption petitions. 

 Venue

Citation: Comp. Stat. Ch. 750 § 50/4 

Venue is in the county where the petitioner(s) or birth parents reside or the person to be adopted resides or was 

born.

If an agency or guardian has custody and control of a child and is authorized to consent to the adoption, the 

proceeding may be commenced in any county the agency or guardian chooses. 

Indiana

 Jurisdiction

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

In each county that has a separate probate court, the probate court has exclusive jurisdiction in all adoption matters. 

In other counties, adoption petitions are heard by the court that handles probate matters. 

 Venue

Citation: Ann. Stat. §§ 31-19-2-2; 31-19-2-3

A resident of Indiana who seeks to adopt a child may file a petition for adoption with the court having probate 

jurisdiction in the county in which:

• The petitioner for adoption resides.

• A licensed child-placing agency or governmental agency having custody of the child is located.

• The child resides.

An individual who is not a resident of Indiana and who seeks to adopt a hard-to-place child may file a petition for 

adoption with the court having probate jurisdiction in the county in which:

• The licensed child-placing agency or governmental agency having custody of the child is located.

• The child resides.

Iowa

 Jurisdiction

Citation: Ann. Stat. § 600.30

A petition for adoption shall be filed with the juvenile court or any county court. 

 Venue

Citation: Ann. Stat. § 600.3

The court must be in the county in which an adult person to be adopted is domiciled or resides or where the 

guardian of a minor person to be adopted or the petitioner is domiciled or resides. 
www.childwelfare.gov

11 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

Kansas

 Jurisdiction

Citation: Ann. Stat. § 59-2127; 2006 Kan. ALS 200, § 3

Subject to the Uniform Child Custody Jurisdiction and Enforcement Act, §§ 38-1336 through 38-1377, the district 

court shall have original jurisdiction over the placement of a child in any foster, preadoptive, and adoptive home.

A court in this State may not exercise jurisdiction if the proceeding is pending in a court of another State, unless the 

proceeding is stayed by the other court. 

 Venue

Citation: Ann. Stat. § 59-2126

In an independent adoption, venue shall be in the county in which the petitioner resides or in the county in which 

the child to be adopted resides.

In an agency adoption, venue shall be:

• In the county in which the petitioner resides

• In the county in which the child to be adopted resided prior to receipt of custody by the agency

• Where the child-placing agency is located

In a stepparent adoption, venue shall be in the county in which the petitioner resides or where the child resides.

If the petitioner resides upon or is stationed at a United States military post or reservation within this State, and the 

child to be adopted is then residing with the petitioner, venue may be in the district court of the county in which the 

post or reservation is located or in the district court of any county located immediately adjacent to such county. 

Kentucky

 Jurisdiction

Citation: Ann. Stat. § 199.470

An adoption petition must be filed in the circuit court of the relevant county. 

 Venue

Citation: Ann. Stat. § 199.470

The petition must be filed in the county where the petitioner resides or has resided for at least the 12 months prior 

to the petition. 

Louisiana

 Jurisdiction

Citation: Children’s Code Art. 1180

The juvenile court has jurisdiction over adoption petitions. 
www.childwelfare.gov

12 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

 Venue

Citation: Children’s Code Art. 1180

The petition shall be filed in the juvenile court of the parish [county]: 

• Of the domicile of the petitioner

• Of the domicile of the custodian of the child

• In which a voluntary act of surrender has been executed with respect to the child to be adopted

• In which the child has been adjudicated a child in need of care or in which the child in need of care 

proceeding is pending

• That previously terminated parental rights of a parent with respect to the child to be adopted

Maine

 Jurisdiction

Citation: Rev. Stat. Tit. 18-A, § 9-103

The probate court has exclusive jurisdiction over petitions for adoption. 

 Venue

Citation: Rev. Stat. Tit. 18-A, § 9-104

If the adoptee is placed by a licensed child-placing agency or the department, the petition for adoption must be 

filed in the court in the county where:

• The petitioner resides.

• The adoptee resides or was born.

• An office of the agency that placed the adoptee for adoption is located.

If the adoptee is not placed by a licensed child-placing agency or the department, the petition for adoption must be 

filed in the county where the adoptee resides or where the petitioners reside. 

If, in the interests of justice or for the convenience of the parties, the court finds that the matter should be heard 

in another probate court, the court may transfer, stay, or dismiss the proceeding, subject to any further conditions 

imposed by the court. 

Maryland

 Jurisdiction

Citation: Fam. Law § 1-201

An equity court has jurisdiction over the adoption of a child, except for a child who is under the jurisdiction of any 

juvenile court and who previously has been adjudicated to be a child in need of assistance. 

 Venue

Citation: Cts. & Jud. Pro. § 6-203(e)

The venue for a proceeding for adoption of an individual who is physically within this State or subject to the 

jurisdiction of an equity court is in a county where:

• The petitioner is domiciled.

• The petitioner has resided for at least 90 days immediately prior to the filing of the petition. 

• A licensed child-placing agency having legal or physical custody of the individual is located.

• The individual is domiciled, if the individual is related to the petitioner by blood or marriage or is an adult.

• An equity court has continuing jurisdiction over the custody of the individual. 
www.childwelfare.gov

13 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

Massachusetts

 Jurisdiction

Citation: Ann. Laws Ch. 210, § 1

Adoption petitions must be filed with the probate court.

The district or juvenile court may, if it appears necessary or convenient, exercise the powers authorized by this 

chapter, but only in respect to a pending proceeding before such district or juvenile court. 

 Venue

Citation: Ann. Laws Ch. 210, § 1

A person may file an adoption petition in the probate court in the county where he or she resides.

If a person who is not an inhabitant of the State desires to adopt a child residing here, the petition may be made to 

the probate court in the county where the child resides. 

Michigan

 Jurisdiction

Citation: Comp. Laws § 710.22

The family division of circuit court of this State or, if the context requires, the court having jurisdiction over adoption 

in another State or country, has jurisdiction over adoption proceedings. 

 Venue

Citation: Comp. Laws § 710.24

Adoption petitions shall be filed with the court of the county in which the petitioner resides or where the adoptee is 

found. 

If the petitioner and adoptee reside out of State, the petition shall be filed where the parent’s parental rights were 

terminated or are pending termination. 

If both parents’ parental rights were terminated at different times and in different courts, a petition shall be filed in 

the court of the county where parental rights were first terminated.

If there has been a temporary placement of the child, the petition for adoption shall be filed with the court that 

received the report described in § 23d(2) of this chapter. 

Minnesota

 Jurisdiction

Citation: Ann. Stat. § 259.23, subd. 1

The juvenile court shall have original jurisdiction in all adoption proceedings. 
www.childwelfare.gov

14 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

 Venue

Citation: Ann. Stat. § 259.23, subd. 1

The proper venue for an adoption proceeding shall be the county of the petitioner’s residence. 

Venue for the adoption of a child committed to the guardianship of the commissioner of human services shall be 

the county with jurisdiction in the matter according to § 260C.317, subd. 3. Upon request of the petitioner, the 

court having jurisdiction over the matter under § 260C.317, subd. 3, may transfer venue of an adoption proceeding 

involving a child under the guardianship of the commissioner to the county of the petitioner’s residence upon 

determining that:

• The commissioner has given consent to the petitioner’s adoption of the child or that consent is unreasonably 

withheld.

• There is no other adoption petition for the child that has been filed or is reasonably anticipated.

• Transfer of venue is in the best interests of the child.

In all other adoptions, if the petitioner has acquired a new residence in another county and requests a transfer of 

the adoption proceeding, the court in which an adoption is initiated may transfer the proceeding to the appropriate 

court in the new county of residence if the transfer is in the best interests of the person to be adopted. 

Mississippi

 Jurisdiction

Citation: Ann. Code § 93-17-3

The adoption shall be by sworn petition filed in the chancery court. 

 Venue

Citation: Ann. Code § 93-17-3

The adoption petition shall be filed in the county in which:

• The adopting petitioner or petitioners reside.

• The child to be adopted resides, was born, or was found when it was abandoned or deserted.

• The home is located to which the child has been surrendered by a person authorized to so do. 

Missouri

 Jurisdiction

Citation: Ann. Stat. § 453.010

The juvenile division of the circuit court has jurisdiction over adoption proceedings. 

 Venue

Citation: Ann. Stat. § 453.010

The adoption petition shall be filed in the county where:

• The petitioner resides.

• The child to be adopted was born.

• The child is located at the time of the filing of the petition. 

• Either birth person resides.
www.childwelfare.gov

15 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

Montana

 Jurisdiction

Citation: Ann. Code § 42-1-104

Proceedings for adoption must be brought in the district court. 

 Venue

Citation: Ann. Code § 42-1-104

The court must be in the county where the petitioner resides. 

Nebraska

 Jurisdiction

Citation: Rev. Stat. § 43-102

The county court has jurisdiction of adoption proceedings, except that if a separate juvenile court already has 

jurisdiction over the child to be adopted under the Nebraska Juvenile Code, such separate juvenile court has 

concurrent jurisdiction with the county court in such adoption proceeding. 

 Venue

Citation: Rev. Stat. § 43-102

The court must be in the county where the petitioner resides. 

Nevada

 Jurisdiction

Citation: Rev. Stat. § 127.010

Except when the child involved is subject to the jurisdiction of an Indian Tribe pursuant to the Indian Child Welfare 

Act, the district courts have original jurisdiction in adoption proceedings. 

 Venue

Citation: Rev. Stat. § 127.030

The petition may be filed in the district court of any county in the State. 

New Hampshire

 Jurisdiction

Citation: Rev. Stat. § 170-B:15(I)

The probate court has exclusive jurisdiction to grant a petition for adoption if the adoptee is present in the State or 

is in the legal custody or legal guardianship of an authorized agency located in the State at the time of filing of the 

petition. 

 Venue

Citation: Rev. Stat. § 170-B:15(II-III)

The petition for adoption shall be filed in the probate court of the county in which the surrender has taken place, or 

where a guardianship or a termination of parental rights proceeding has occurred related to the same adoptee.

If the court finds that in the interest of substantial justice the matter should be heard in another court, the court may 

transfer the proceeding in whole or in part to another court within the State or other foreign jurisdiction. 
www.childwelfare.gov

16 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

New Jersey

 Jurisdiction

Citation: Ann. Stat. § 9:3-42

An action for adoption shall be instituted in the Superior Court, Chancery Division, Family Part. 

 Venue

Citation: Ann. Stat. § 9:3-42

An adoption petition shall be filed in the court of the county in which:

• The prospective parent resides.

• The child resided immediately prior to placement for adoption.

• The county in which the child was born if the child is less than 3 months of age.

Whenever the child to be adopted has been received into the home of a prospective parent from an approved 

agency, the action may be instituted in the court of any county in which the approved agency has an office. 

New Mexico

 Jurisdiction

Citation: Ann. Stat. §§ 32A-1-4; 32A-1-9

Jurisdiction of adoption petitions is under the children’s court division of the district court.

In adoption proceedings for the placement of an Indian child, the court shall, in the absence of good cause to the 

contrary, transfer the proceeding to the jurisdiction of the Indian child’s Tribe upon the petition of the Indian child’s 

parent, the Indian child’s guardian, or the Indian child’s Tribe. The transfer shall be barred if there is an objection to 

the transfer by a parent of the Indian child or the Indian child’s Tribe. 

 Venue

Citation: Ann. Stat. § 32A-5-10

A petition for adoption may be filed in any county in which:

• A petitioner is a resident.

• The adoptee is physically present at the time the petition is filed.

• An office of the agency that placed the adoptee for adoption is located.

• The department office from which the child was placed is located.

New York

 Jurisdiction

Citation: Fam. Ct. §§ 115, 641

The family court has original jurisdiction concurrent with the surrogate’s courts over adoption proceedings under 

article 7 of the domestic relations law. 
www.childwelfare.gov

17 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

 Venue

Citation: Dom. Rel. §§ 113(3); 115(2)

In an agency adoption proceeding, the petition shall be filed in the same court and, wherever practicable, shall be 

assigned to the same judge of the county in which:

• Parental rights had been terminated.

• A judicial surrender had been approved.

• The adoptive parents reside.

• The authorized agency has its principal office if the adoptive parents do not reside in the State.

In a private placement adoption, the proceeding shall be instituted in the county where the adoptive parents reside 

or, if the adoptive parents do not reside in the State, in the county where the adoptive child resides. 

North Carolina

 Jurisdiction

Citation: Gen. Stat. § 48-2-100

Adoption shall be by a special proceeding before the clerk of superior court.

Jurisdiction over adoption proceedings exists if, at the commencement of the proceeding:

• The adoptee has lived in this State for at least the 6 consecutive months immediately preceding the filing of 

the petition or from birth, and the prospective adoptive parent is domiciled in this State.

• The prospective adoptive parent has lived in or been domiciled in this State for at least the 6 consecutive 

months immediately preceding the filing of the petition.

• An agency licensed by the State or county Department of Social Services has legal custody of the adoptee. 

The courts of this State shall not exercise jurisdiction under this chapter if at the time the petition for adoption is 

filed, a court of any other State is exercising jurisdiction substantially in conformity with the Uniform Child Custody 

Jurisdiction and Enforcement Act. 

 Venue

Citation: Gen. Stat. § 48-2-101

A petition for adoption may be filed in the county in which: 

• The petitioner lives or is domiciled at the time of filing.

• The adoptee lives.

• An office of the agency that placed the adoptee is located.

North Dakota

 Jurisdiction

Citation: Cent. Code § 14-15-01

The district court has jurisdiction over adoption proceedings. 
www.childwelfare.gov

18 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

 Venue

Citation: Cent. Code § 14-15-04(1)-(2)

Proceedings for adoption must be brought in the court for the place in which, at the time of filing or granting the 

petition, the petitioner or the individual to be adopted resides or is in military service or in which the agency having 

the care, custody, or control of the minor is located.

If the court finds in the interest of substantial justice that the matter should be heard in another forum, the court may 

transfer, stay, or dismiss the proceeding in whole or in part on any conditions that are just. 

Northern Mariana Islands

 Jurisdiction

Citation: Commonwealth Code Tit. 8, § 1101

The Commonwealth trial court has jurisdiction over adoption proceedings. 

 Venue

This issue is not addressed in the statutes reviewed. 

Ohio

 Jurisdiction

Citation: Rev. Code § 3107.01

The probate court has jurisdiction over adoption proceedings. 

 Venue

Citation: Rev. Code § 3107.04

A petition for adoption shall be filed in the court in the county in which:

• The person to be adopted was born.

• The petitioner or the person to be adopted or parent of the person to be adopted resides at the time of filing 

the petition.

• The petitioner is stationed in military service. 

• The agency having the permanent custody of the person to be adopted is located.

If the court finds in the interest of justice that the case should be heard in another forum, the court may stay the 

proceedings, dismiss the petition in whole or in part on any conditions that are just, or certify the case to another 

court. 
www.childwelfare.gov

19 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

Oklahoma

 Jurisdiction

Citation: Rev. Stat. Tit. 10, § 7502-1.1

A district court of this State has jurisdiction over proceedings for the adoption of a minor if immediately preceding 

commencement of the proceeding:

• The minor lived in the State with a parent, guardian, prospective adoptive parent, or another person acting as 

parent for at least 6 consecutive months, excluding periods of temporary absence.

• In the case of a minor under age 6 months, the minor:

» Lived in the State from soon after birth with any of the individuals listed above

» Was born in the State and the mother has been a legal resident 6 months prior to the birth or, if not a legal 

resident for 6 months prior to birth, verifies compliance with or exemption from the Interstate Compact on 

the Placement of Children and executes her consent before a judge of a court of this State

• The prospective adoptive parent lived in the State for at least 6 consecutive months.

• The child-placing agency that placed the minor for adoption is located in the State, and it is in the best 

interests of the minor that a court of this State assumes jurisdiction because:

» The minor and the minor’s parents, or the minor and the prospective adoptive parent, have a significant 

connection with this State.

» There is available in this State substantial evidence concerning the minor’s present or future care.

• The minor and the prospective adoptive parent are physically present in this State, and the minor has been 

abandoned or it is necessary in an emergency to protect the minor because the minor has been subjected to 

or threatened with mistreatment or abuse or is otherwise neglected.

• It appears that no other State would have jurisdiction or another State has declined to exercise jurisdiction on 

the ground that this State is the more appropriate forum to hear a petition for adoption of the minor, and it is 

in the best interests of the minor that a court of this State assume jurisdiction.

 Venue

Citation: Rev. Stat. Tit. 10, § 7502-1.2

Proceedings for adoption may be brought in the district court in the county where the petitioners or the child to be 

adopted reside. 
www.childwelfare.gov

20 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

Oregon

 Jurisdiction

Citation: Rev. Stat. § 109.309(1)-(3)

Any person may petition the circuit court to adopt another person. One petitioner, the child, one parent, or the 

person, who is not an adoption agency, consenting to the adoption must be a resident of the State.

Except as provided below, when the petition is for the adoption of a minor child, the adoption is governed by the 

Uniform Child Custody Jurisdiction and Enforcement Act, §§ 109.701 to 109.834.

Notwithstanding §§ 109.741 and 109.744, a court of this State has jurisdiction over the adoption of a minor child if, 

immediately prior to the filing of a petition for adoption:

• The child resided in the State for at least 6 consecutive months including periods of temporary absence.

• One parent or another person consenting to the adoption, who is not an adoption agency, resided in the 

State for at least 6 consecutive months including periods of temporary absence.

• The prospective adoptive parent resided in the State for at least 6 consecutive months including periods of 

temporary absence and substantial evidence is available concerning the present or future care of the child.

• It appears that no court of another State would have jurisdiction. 

• A court of another State has declined to exercise jurisdiction on the grounds that this State is a more 

appropriate forum to hear a petition for adoption of the child and it is in the best interests of the child that a 

court of this State assume jurisdiction.

 Venue

Citation: Rev. Stat. § 109.309(5)

In a petition to adopt a minor child, venue lies in the Oregon county with which the child has the most significant 

connection or in the Oregon county in which the licensed adoption agency is located. 

Pennsylvania

 Jurisdiction

Citation: Cons. Stat. Tit. 23, § 2301

The court of common pleas of each county shall exercise through the appropriate division original jurisdiction over 

voluntary relinquishment, involuntary termination, and adoption proceedings. 

 Venue

Citation: Cons. Stat. Tit. 23, § 2302

Proceedings for voluntary relinquishment, involuntary termination, and adoption may be brought in the court of the 

county in which:

• The parent or parents or the adoptee or the person or persons who have filed a report of intention to adopt 

reside.

• An office of an agency having custody of the adoptee or in the county where the agency having placed the 

adoptee is located.

• With leave of court, the adoptee formerly resided.
www.childwelfare.gov

21 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

Puerto Rico

 Jurisdiction

Citation: Ann. Laws Tit. 32, § 2699b

The petitioner shall file an adoption petition in the court of the first instance. 

 Venue

Citation: Ann. Laws Tit. 32, § 2699b

The adoption petition must be made to the court of the first instance corresponding to the place of residence of the 

adoptee. 

Rhode Island

 Jurisdiction

Citation: Gen. Laws § 15-7-4

Any person residing in Rhode Island may petition the family court for leave to adopt.

The family court shall retain jurisdiction over any petition when and if the petitioners become nonresidents after the 

petition is filed, while the case is still pending.

Any person not a resident of Rhode Island may petition the family court to adopt if the child is in the care and 

custody of a governmental child-placing agency or licensed Rhode Island child-placing agency at the time of the 

filing of the petition. 

 Venue

Citation: Gen. Laws § 15-7-4

There is one family court in Rhode Island for all adoptions of children under age 18.

For an adoptee age 18 or older, venue is the probate court in the city or town where the petitioners live. 

South Carolina

 Jurisdiction

Citation: Ann. Code § 63-9-40

The family court has exclusive jurisdiction over all adoption proceedings. 

 Venue

Citation: Ann. Code § 63-9-40

Proceedings for adoption by residents of this State may be brought in the family court of the county in which the 

petitioner resides or is in military service or in the county in which the child resides or is born.

For nonresidents of this State, proceedings for adoption must be brought in the county in which the child resides, in 

which the child is born, or in which the agency having custody of the child is located.

The family court may order a change of venue as in civil proceedings in this State. 

South Dakota

 Jurisdiction

Citation: Ann. Stat. § 25-6-6

The circuit court is vested with the jurisdiction to hear, try, and determine all matters relative to the adoption of 

children. 
www.childwelfare.gov

22 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

 Venue

Citation: Ann. Code § 63-9-40

Proceedings for adoption by residents of this State may be brought in the family court of the county in which the 

petitioner resides or is in military service or in the county in which the child resides or is born.

For nonresidents of this State, proceedings for adoption must be brought in the county in which the child resides, in 

which the child is born, or in which the agency having custody of the child is located.

The family court may order a change of venue as in civil proceedings in this State. 

Tennessee

 Jurisdiction

Citation: Ann. Code § 36-1-102(16)

The chancery or circuit court has jurisdiction over adoption proceedings. 

 Venue

Citation: Ann. Code § 36-1-114

The adoption petition may be filed in the county in which:

• The petitioners reside.

• The child resides. 

• The child resided when a child-placing agency gained custody. 

• The child resided when the child became subject to partial or complete guardianship or coguardianship 

pursuant to a surrender proceeding.

• The licensed child-placing agency having custody or guardianship is located.

Texas

 Jurisdiction

Citation: Fam. Code. § 101.008

The district court, juvenile court having the same jurisdiction as a district court, or other court expressly given 

jurisdiction of a suit affecting the parent-child relationship shall have jurisdiction over adoption proceedings. 

 Venue

Citation: Fam. Code. § 103.001(b)

A suit in which adoption is requested may be filed in the county where the child resides or in the county where the 

petitioners reside. 

Utah

 Jurisdiction

Citation: Ann. Code §§ 78B-6-105; 78A-6-103

Adoption proceedings shall be commenced by filing a petition with the district court.

The juvenile court has exclusive original jurisdiction in proceedings concerning adoptions when the juvenile court 

has previously entered an order terminating the rights of a parent and finds that adoption is in the best interest of 

the child. 
www.childwelfare.gov

23 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

 Venue

Citation: Ann. Code § 78B-6-105

Adoption proceedings shall be filed:

• In the district where the adopting person resides

• If the adopting person is not a resident of the State, in the district where:

» The child was born.

» The proposed adoptee resides on the day the petition is filed.

» A parent of the proposed adoptee resides on the day the petition is filed.

• With the juvenile court as provided in § 78A-6-103

Vermont

 Jurisdiction

Citation: Ann. Stat. Tit. 15A, § 3-101

The probate court has jurisdiction over a proceeding for the adoption of a minor if:

• Immediately before commencement of the proceeding, the minor lived in the State with a parent, guardian, 

prospective adoptive parent, or another person acting as parent, for at least 6 consecutive months, including 

periods of temporary absence, or, in the case of a minor under 6 months of age, lived in the State from soon 

after birth with any of those persons.

• Immediately before commencement of the proceeding, the prospective adoptive parent lived in the State for 

at least 6 consecutive months, including periods of temporary absence. 

• An agency placed the minor for adoption, and it is in the best interests of the minor that a court of this State 

assume jurisdiction because the minor and his or her parents, or the minor and the prospective adoptive 

parent, have a significant connection with the State and there is available in this State substantial evidence 

concerning the minor’s care.

• The minor and the prospective adoptive parent are physically present in the State, and the minor has been 

abandoned or it is necessary in an emergency to protect the minor from abuse or threatened abuse or the 

minor is otherwise neglected.

• It appears that no other State would have jurisdiction, or another State has declined to exercise jurisdiction on 

the ground that this State is the more appropriate forum to hear a petition for adoption of the minor, and it is 

in the best interests of the minor that a court of this State assume jurisdiction.

A court of this State may not exercise jurisdiction over an adoption if, at the time the petition is filed, a proceeding 

concerning the custody or adoption of the minor is pending in a court of another State exercising jurisdiction 

substantially in conformity with the Uniform Child Custody Jurisdiction Act or this title, unless the proceeding is 

stayed by the court of the other State. 

 Venue

Citation: Ann. Stat. Tit. 15A, § 3-102

A petition for adoption may be filed in the probate court in the district in which a petitioner resides or has legal 

residence at the time of filing, the adoptee resides, or an office of an agency or the department that placed the 

adoptee is located.

A consent or petition for relinquishment or termination of parental rights may be filed in the probate court in 

the district in which the minor resides, a relinquishing parent resides, or the agency or person receiving the 

relinquishment has its principal place of business. 
www.childwelfare.gov

24 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

Virgin Islands

 Jurisdiction

Citation: Ann. Code Tit. 4, § 76

The Superior Court shall have original jurisdiction to grant adoptions and changes of name. 

 Venue

Citation: Ann. Code Tit. 4, § 78

Venue is in the judicial division where the petitioner resides. 

For the convenience of parties and witnesses and in the interest of justice, the court may transfer any action or 

proceeding pending in one judicial division to another for hearing and determination. 

Virginia

 Jurisdiction

Citation: Ann. Code § 63.2-1201

Proceedings for the adoption of a minor child and for a change of name of such child shall be instituted only by 

petition to a circuit court. 

 Venue

Citation: Ann. Code § 63.2-1201

The petition must be filed in the county or city in which:

• The petitioner resides.

• The child-placing agency that placed the child is located.

• A birth parent executed consent.

Washington

 Jurisdiction

Citation: Rev. Code § 26.33.030

A petition for adoption may be filed in the superior court. 

 Venue

Citation: Rev. Code § 26.33.030

The petition may be filed in the county in which:

• The petitioner is resident.

• The adoptee is domiciled.

West Virginia

 Jurisdiction

Citation: Ann. Code § 48-22-201

The circuit court has jurisdiction over adoption proceedings.

 Venue

Citation: Ann. Code § 48-22-201

The petition must be filed in the county in which the petitioner resides. 
www.childwelfare.gov

25 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/jurisdiction.cfm

Court Jurisdiction and Venue for Adoption Petitions

Wisconsin

 Jurisdiction

Citation: Ann. Stat. § 48.83

The court of the county where the proposed adoptive parent or child resides, upon the filing of a petition for 

adoption or for the adoptive placement of a child, has jurisdiction over the child until the petition is withdrawn, 

denied, or granted.

If the adoption is denied, jurisdiction over the child shall immediately revert to the court that appointed the 

guardian, unless the appointing court is a court of another State or foreign jurisdiction, in which case the court of the 

county where the child is shall have jurisdiction. 

 Venue

Citation: Ann. Stat. § 48.83

Venue shall be in the county where the proposed adoptive parent or child resides at the time the petition is filed. 

The court may transfer the case to a court in the county in which the proposed adoptive parents reside. 

Wyoming

 Jurisdiction

Citation: Ann. Stat. § 1-22-104

Adoption proceedings shall be commenced by a petition filed in district court. The district court may transfer 

jurisdiction of a petition to adopt a child to the juvenile court if the child proposed for adoption in the petition is 

under the prior and continuing jurisdiction of the juvenile court. 

 Venue

Citation: Ann. Stat. § 1-5-108

The petition shall be filed in the county in which:

• The petitioner resides.

• The guardian was appointed or resides.