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

FACTSHEET 

FOR FAMILIES

July 2010

“Special Needs” 

Adoption: What 

Does It Mean?

In adoption, the phrase “special needs” can apply to almost any child 

or youth adopted from foster care. The term is used in State laws 

to indicate eligibility for Federal financial assistance, so it is a term 

that adoptive families hear often. However, the term “special needs” 

is almost universally disliked by adoption professionals and youth 

in foster care because of its potential to be misunderstood and its 

negative connotations. 

What exactly does the term “special needs” mean in foster care and 

adoption? This factsheet presents some common questions about 

adopting a child or youth with special needs and provides resources 

that will give you detailed answers.

What’s Inside:

• Definitions

• Eligibility

• Making the Decision

• Getting Started

• Financial and Health-Care 

Assistance 

• Postadoption Services
“Special Needs” Adoption: What Does It Mean? 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 http://www.childwelfare.gov/pubs/factsheets/specialneeds/

Definitions

Many people think “special needs” are medical, physical, or 

emotional disabilities. But within the foster care and child welfare 

systems, a child or youth with special needs has a factor or 

condition (uniquely defined by each State) that may involve any 

of the following:

• Ethnic or racial background

• Age

• Membership in a sibling group

• Medical, physical, or emotional disabilities

• Risk of physical, mental, or emotional disability based on birth 

family history 

• Any condition that makes it more difficult to find an adoptive 

family

These broader definitions of “special needs” may be used to 

determine eligibility for Federal financial assistance for adoption 

of children and youth from the U.S. foster care system. While 

there’s no single Federal definition of special needs, according 

to title IV-E of the Social Security Act, a child or youth with 

special needs must also meet the following two requirements to 

be eligible for Federal adoption assistance:

• The child or youth cannot or should not be returned home to 

his or her parent(s).

• An unsuccessful attempt was made to place the child or youth 

without adoption (financial) assistance, except in cases where 

such a placement would not have been in the best interests of 

the child or youth.

What is my State’s definition of special needs for foster care 

adoption?

Definitions for every State, the District of Columbia, and Puerto 

Rico are listed here:

www.childwelfare.gov/adoption/adopt_assistance/questions.

cfm?quest_id=1
“Special Needs” Adoption: What Does It Mean? 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 http://www.childwelfare.gov/pubs/factsheets/specialneeds/

What does the term “special needs” mean in intercountry 

adoption?

Agencies that place children and youth through intercountry 

adoption may use the term more commonly to refer to children 

with physical or developmental disabilities, or other conditions 

that make it less likely that they will find a family easily. A child or 

youth with special needs from another country does not qualify 

for Federal adoption assistance; a full explanation is in the 

Children’s Bureau Child Welfare Policy Manual:

www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/

policy_dsp.jsp?citID=175 

More information is available here:

http://nacac.org/adoptionsubsidy/factsheets/

internationaladoption.html

Eligibility

Who may adopt a child or youth with special needs?

There is no specific legal requirement for families to be eligible 

to adopt a child or youth with special needs. Families often 

make the decision about parenting a child or youth with special 

needs with their adoption worker or agency, depending on their 

capacity to parent a particular child or youth in whom they may 

be interested. Here is a summary of State laws about who may 

adopt, be adopted, and place a child for adoption:

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

parties.cfm

I have more questions about my eligibility to adopt.

Answers about age, health, gender, background checks, sexual 

orientation, and more can be found here:

www.childwelfare.gov/adoption/adoptive/whocan.cfm

Making the 

Decision

How can I know if I can meet the challenges of parenting a 

child or youth with special needs?

Talking with other experienced adoptive parents is one of the 

best ways to determine if adopting a child or youth from foster 

care is the right decision for your family. You can find a foster/

adoptive parent support group in your area in the National 
“Special Needs” Adoption: What Does It Mean? 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 http://www.childwelfare.gov/pubs/factsheets/specialneeds/

Foster Care and Adoption Directory:

www.childwelfare.gov/nfcad

At least two States have produced self-assessment guides for 

prospective parents that can help you make informed decisions:

www.iowakidsnet.com/userfiles/File/Foster_Parent_Assessment_

Guide.pdf 

www.adoptkckids.org/files/AdoptKCKids_Self_Assessment_

Guide2.pdf 

I have more questions about what adoption would involve for 

me and my family.

There is a lot for families to think about and learn before making 

the decision to adopt.

www.childwelfare.gov/adoption/adoptive/before_adoption.cfm

Here are some questions you can ask your agency or caseworker, 

as well as information about expectations and financial concerns:

www.adoptuskids.org/resourceCenter/7steps/documents/

AdoptionTips.pdf

What has life been like in the foster care system for children 

and youth with special needs?

Many children and youth with special needs have been removed 

from their families because of abuse or neglect. Many also have 

experienced multiple moves in foster care. “A Child’s Journey 

Through the Child Welfare System” can give you some idea:

http://pewfostercare.org/research/docs/journey.pdf

More information about common characteristics of children and 

youth waiting for families, including children with special needs, 

can be found here:

www.childwelfare.gov/adoption/adoptive/characteristics.cfm

How can I find out about children and youth with special 

needs who need families?

Photolisting services have pictures and descriptions of children 

and youth in State foster care systems who are available for 

adoption and waiting for families. AdoptUsKids is the only 

federally funded, national photolisting service for children and 

youth in foster care waiting for permanent families:

www.adoptuskids.org/Child/ChildSearch.aspx 
“Special Needs” Adoption: What Does It Mean? 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 http://www.childwelfare.gov/pubs/factsheets/specialneeds/

This webpage lists photolistings by State:

www.childwelfare.gov/pubs/reslist/rl_dsp_website.

cfm?typeID=82&rate_chno=AZ-0005E

Adoption exchanges provide adoption information and often 

promote the adoption of children and youth with special needs. 

They use print, radio, TV, and the Internet to recruit adoptive 

families. This webpage has links to adoption exchange websites 

sponsored by State child welfare agencies:

www.childwelfare.gov/pubs/reslist/rl_dsp_website.

cfm?typeID=81&rate_chno=AZ-0003E 

Getting Started

To adopt a child or youth with special needs in the United 

States, where do I start?

This factsheet gives the basics of any adoption process and 

offers resources for each step:

www.childwelfare.gov/pubs/f_start.cfm

Here’s a guide to the seven basic steps of the journey to 

adopting children or youth from the U.S. foster care system:

www.adoptuskids.org/resourceCenter/7steps/7StepJourney.aspx

What about adopting a child or youth with special needs 

from a foreign country?

The State Department website has information on all kinds of 

intercountry adoption:

http://adoption.state.gov

The factsheet Intercountry Adoption: Where Do I Start? covers 

many essential elements: 

www.childwelfare.gov/pubs/f_inter/index.cfm

Financial and 

Health-Care 

Assistance

Where can I find out about recurring or nonrecurring 

adoption assistance?

Find information on Federal and State adoption assistance for 

children adopted from foster care:

www.childwelfare.gov/pubs/f_subsid.cfm 
“Special Needs” Adoption: What Does It Mean? 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 http://www.childwelfare.gov/pubs/factsheets/specialneeds/

I have more questions about obtaining adoption assistance 

from my State.

Find answers here to 13 State-specific topics:

www.childwelfare.gov/adoption/adopt_assistance/index.cfm 

This site has State-by-State adoption assistance information:

www.nacac.org/adoptionsubsidy/stateprofiles.html 

Here are additional resources searchable by State:

www.childwelfare.gov/nfcad

Are there tax credits for adoption?

Read the IRS explanation of qualified adoption expenses:

www.irs.gov/taxtopics/tc607.html 

“Claiming the Federal Adoption Tax Credit for Special Needs 

Adoptions” explains more:

www.nacac.org/postadopt/taxcredit.html

Postadoption 

Services

Are there services available to help my family after a child or 

youth is placed with us? 

There are postadoption services that help with a range of issues:

www.childwelfare.gov/pubs/f_postadoption.cfm 

I have more questions about postadoption issues and 

services.

Here are resources that include information on counseling, 

support groups, training, birth records, and more:

www.childwelfare.gov/adoption/adopt_parenting/ 

Where can I learn more about parenting a child or youth with 

disabilities or special needs?

Here is a list of organizations that help children and youth with 

disabilities and special needs and their families: 

www.childwelfare.gov/pubs/reslist/rl_dsp.

cfm?subjID=3&rate_chno=11-11286