The special contributions a disabled parent may give to the child's development must be considered. A court may deny custody to a disabled parent only if the parent's condition will have a substantial and lasting negative effect on the child. A mentally disabled parent may be denied child custody only if suffering from a mental incapacity or disorder which renders him or her unable to care for and control the child adequately. All adoptions are based on the best interests of the child. Although the health of a prospective parent is one of many factors in an adoption decision, a parent's disability cannot be the sole reason for denial.
Some laws encourage the adoption of disabled children.
Code Regs., tit. Expenses related to the adoption of a child with special needs may also be tax-deductible.