Interstate Adoption: What to Know About Cross-State Adoption

If you are considering adoption in Texas and the adoptive family you choose lives in another state, you may have questions about interstate adoption.

What happens if you give birth in Texas but your child’s adoptive parents live in another state? Can you choose an out-of-state adoptive family? How long will the family have to stay in Texas after the baby is born? And what is ICPC?

Interstate adoption is an adoption placement that involves moving a child across a state line. Because the child is moving from one state to another, the placement may have to comply with the laws of both states and the requirements of the Interstate Compact on the Placement of Children, commonly called ICPC.

For a Texas birth mother, an interstate adoption can involve additional paperwork and coordination, but you do not have to navigate it alone. Texas Adoption Center can help you understand your adoption options, create an adoption plan, and connect you with the professionals who handle the legal and interstate requirements.

Interstate Adoption in Texas at a Glance

• Interstate adoption means an adoption placement in which a child moves across a state line.
• A Texas birth mother may be able to choose an adoptive family who lives outside Texas.
• The Interstate Compact on the Placement of Children (ICPC) governs many interstate child placements, including private adoption placements.
• Texas has a Texas Interstate Compact Office (TICO) within the Texas Department of Family and Protective Services (DFPS).
• The adoptive family generally cannot simply leave Texas with the baby after placement. The required interstate approval must be completed before the child moves to the receiving state.
• There is no single guaranteed ICPC processing time for every adoption.
• Texas adoption consent requirements and ICPC are separate legal issues.
• Interstate adoption requirements vary depending on the states involved and the circumstances of the adoption.

What Is Interstate Adoption?

Interstate adoption is an adoption in which a child is placed across a state line.

For example, imagine that you are a birth mother in Texas and choose an adoptive family who lives in Oklahoma. If your baby is born in Texas and will move to Oklahoma to live with the adoptive family, the placement may be considered an interstate adoption and may need to go through the ICPC process.

The important point is that interstate adoption focuses on where the child is being placed and where the child will live, not simply on where the adults involved live.

Interstate adoption can happen in several situations, including:

• A Texas birth mother chooses an adoptive family who lives in another state.
• An adoptive family travels to Texas for the birth of a baby who will ultimately live in another state.
• A child in Texas foster care is placed with an approved adoptive family in another state.
• A relative or kinship placement involves a child moving across state lines.
• A private domestic adoption involves a child being placed with an adoptive family across state lines.

Texas DFPS specifically states that Texas children can be placed out of state and that Texas participates in the Interstate Compact on the Placement of Children.

Is Interstate Adoption Different From Adoption Within Texas?

Yes.

A domestic adoption that takes place entirely within Texas generally involves Texas adoption law and Texas courts and agencies. An interstate adoption can require coordination between Texas and the state where the child will live.

That can mean:

• Additional paperwork
• An adoptive family home study
• Review by the sending state’s ICPC office
• Review by the receiving state’s ICPC office
• Compliance with the laws of the receiving state
• Additional travel and temporary lodging for the adoptive family
• Additional coordination between adoption professionals and attorneys

This does not mean that an interstate adoption is impossible or necessarily much more difficult for a birth mother. Much of the interstate coordination is handled by the adoption professionals, attorneys, and compact offices involved in the case.

What Is ICPC?

ICPC stands for the Interstate Compact on the Placement of Children.

The ICPC is an interstate agreement that establishes legal and administrative procedures for certain placements of children across state lines. It is in effect in all 50 states, the District of Columbia, and the U.S. Virgin Islands. The Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC) administers the compact.

ICPC is important because a state needs an opportunity to review an interstate placement before a child moves into that state.

Does ICPC apply to private adoption?

Yes, ICPC can apply to private interstate adoptions.

The Texas Department of Family and Protective Services explains that ICPC applies to interstate placements with limited exceptions and includes private placements made for adoption. Private adoptions can include independent adoptions and adoptions arranged by licensed child-placing agencies.

Texas DFPS also explains that private interstate adoptions involve the Texas Interstate Compact Office (TICO) and the compact office in the receiving state.

Who Handles ICPC in Texas?

Texas has a designated Texas Interstate Compact Office (TICO) within the Texas Department of Family and Protective Services.

TICO coordinates interstate placements with compact offices in other states and provides guidance regarding interstate placement requirements.

This is an important correction to older descriptions of the ICPC process: an ICPC compact administrator is not a federal employee. ICPC is administered through the participating jurisdictions and their designated compact offices.

In a private adoption, your adoption agency and adoption attorney can help coordinate the documents and communications needed for the ICPC process.

How Does Interstate Adoption Work in Texas?

The exact process depends on the circumstances of the adoption and the states involved. However, a Texas private adoption involving an out-of-state adoptive family may generally follow these steps.

1. You decide whether adoption is right for you

If you are pregnant and considering adoption, the first step is learning about your options.

You do not have to choose an adoptive family or sign adoption paperwork simply because you contact an adoption agency.

Texas Adoption Center’s adoption process explains that expectant mothers can receive information and support before making decisions about their adoption plan.

Your adoption plan can include your preferences regarding:

• The adoptive family’s characteristics
• Whether you want an adoptive family from Texas or another state
• The type of adoption relationship you want
• Communication with the adoptive family
• Hospital and birth preferences
• Contact after placement
• Post-adoption communication and updates

2. You choose an adoptive family

If you want to choose the adoptive family, your adoption professional can show you profiles of families who are approved or otherwise eligible to be considered for adoption.

Texas Adoption Center explains that birth mothers can review prospective adoptive family profiles and decide whether they would like to get to know a particular family.

The family you choose may live in Texas or another state.

If you choose a family who lives outside Texas, your adoption professional and attorney can determine what interstate requirements apply.

3. The adoptive family completes the required approval process

Prospective adoptive parents generally need an approved home study before an adoption placement can occur.

A home study evaluates the prospective adoptive family and their home. Requirements vary depending on the state and type of adoption.

Texas Adoption Center provides home study services for eligible adoptive families and explains that home studies include documentation, interviews, and a home assessment.

For interstate adoption, the receiving state may have requirements that the adoptive family must satisfy before the child can be placed there.

4. The ICPC paperwork is prepared

The adoption professionals handling the case prepare the documents required by the sending and receiving states.

Depending on the case, the documentation can include:

• An interstate placement request
• The adoptive family’s home study
• Background check information
• Medical information about the child
• Birth records
• Consent or relinquishment documents, when applicable
• Court documents
• Information about the proposed placement
• Other documents required by the sending or receiving state

The Texas DFPS Private Interstate Adoptions Resource Guide explains that an interstate placement request packet includes an ICPC-100A and supporting documentation.

5. The sending and receiving states review the placement

The ICPC request is reviewed by the appropriate compact offices.

For a Texas placement involving an out-of-state adoptive family, this generally means coordination between the Texas Interstate Compact Office and the compact office in the receiving state.

The receiving state reviews the proposed placement under its applicable requirements. Texas DFPS explains that the receiving state’s compact office determines whether the placement complies with applicable state law, whether the sending party has authority to make the placement, and whether the proposed placement appears to be in the child’s best interest.

If additional information is needed, the professionals handling the adoption may need to provide additional documents before approval can be completed.

6. ICPC approval is obtained

This is one of the most important things to understand about interstate adoption:

An adoptive family generally cannot simply leave Texas with the baby after placement when ICPC applies.

The required interstate placement approval must be obtained before the child moves to the receiving state.

This means that if your baby is born in Texas and you choose adoptive parents who live in another state, the adoptive family may need to remain in Texas while the ICPC process is completed.

7. The adoptive family can travel home after approval

Once the applicable interstate approval has been obtained, the adoptive family can generally travel with the child to the receiving state, subject to the instructions of the professionals and authorities handling the case.

The adoption itself may still have additional steps afterward, including post-placement supervision and legal finalization.

How Long Does Interstate Adoption Take?

There is no single guaranteed timeline for an interstate adoption or ICPC approval.

The amount of time can depend on:

• The states involved
• The type of adoption
• Whether the adoptive family’s home study is complete
• Whether all required documents are submitted
• Whether additional documentation is requested
• The child’s medical circumstances
• Court requirements
• State processing procedures
• Weekends and holidays
• The specific facts of the adoption

Because of these variables, it is not accurate to promise every family that ICPC will be completed within a specific number of days.

If you are planning an interstate adoption, ask your adoption professional about the expected timeline for your specific case.

How long will the adoptive family have to stay in Texas?

There is no single Texas ICPC waiting period that applies to every interstate adoption.

If a baby is born in Texas and will be placed with adoptive parents who live in another state, the family should be prepared to remain in Texas until the applicable interstate approval has been completed.

The length of the stay depends on the individual case and the requirements of the states involved.

Does electronic processing make ICPC faster?

Some states use the National Electronic Interstate Compact Enterprise (NEICE) to exchange ICPC information electronically.

APHSA describes NEICE as a secure technology platform used by participating jurisdictions to exchange information about interstate placements. The system is intended to improve the exchange of case information across state boundaries.

Electronic processing can reduce administrative delays, but it does not mean every interstate adoption has a guaranteed processing time.

Can a Texas Birth Mother Choose an Out-of-State Adoptive Family?

Yes. A Texas birth mother may be able to choose an adoptive family who lives outside Texas.

An adoptive family’s state of residence does not automatically prevent that family from being considered.

However, an out-of-state placement may require ICPC coordination and compliance with the laws of both states.

If you are considering an out-of-state adoptive family, ask your adoption professional:

• Has the family completed a home study?
• Is the family approved to adopt?
• What state will the child live in?
• Does ICPC apply to this placement?
• What paperwork will be required?
• Who will coordinate the ICPC process?
• Where will the adoptive family stay after the baby is born?
• What should you expect during the hospital stay?
• What type of contact can you have with the adoptive family before and after placement?

Texas Adoption Center’s adoption process information explains how expectant mothers can learn about prospective adoptive families and create an individualized adoption plan.

Does a Texas Birth Mother Have to Travel to Another State?

Not necessarily.

Choosing an adoptive family who lives in another state does not automatically mean that you have to travel to that state.

In many interstate infant adoptions, the birth mother gives birth in Texas while the adoptive family travels to Texas for the birth and placement.

Your circumstances may be different depending on where you live, where you receive medical care, where the child is born, and the specific adoption plan.

Your adoption specialist and attorney can explain what travel, if any, would be necessary in your situation.

Can Adoptive Parents Take a Baby From Texas to Another State After Placement?

Not immediately when ICPC applies.

If the child is placed in Texas but will live with adoptive parents in another state, the adoptive parents generally must complete the applicable ICPC process before taking the child across the state line.

For example, if a Texas birth mother chooses adoptive parents who live in Oklahoma and the baby is born in Texas, the adoptive parents should not simply leave Texas with the baby after placement.

The required interstate placement process must be completed first.

This is one of the most important practical differences between an in-state and interstate adoption.

What Paperwork Is Required for Interstate Adoption?

The exact paperwork varies depending on the states involved and the type of adoption.

Common documents can include:

• ICPC-100A Interstate Compact Placement Request
• ICPC-100B Report on Child’s Placement Status
• Adoptive family home study
• Background checks
• Child’s medical information
• Birth records
• Court documents
• Consent or relinquishment documents, when applicable
• Information about the proposed placement
• Additional documents required by the sending or receiving state

The official ICPC resources from APHSA provide current forms, regulations, state information, and other compact resources.

For Texas-specific private adoption information, see the Texas DFPS Private Interstate Adoptions Resource Guide.

What Are the Texas Adoption Consent Requirements?

Texas adoption consent requirements are separate from ICPC requirements.

In Texas, an affidavit of voluntary relinquishment of parental rights generally cannot be executed until at least 48 hours after the child’s birth. Texas law establishes additional requirements for a valid relinquishment, and the rules can vary depending on the circumstances of the case.

Texas Adoption Center also provides an overview of adoption paperwork and the relinquishment process in its guide to adoption paperwork and the adoption process.

It is important to understand that the 48-hour rule is a Texas adoption law, not an ICPC rule.

In other words:

Texas consent requirements and interstate placement approval are two different parts of an interstate adoption.

If you have questions about your legal rights or whether a particular consent or relinquishment is valid, speak with an adoption attorney about your individual circumstances.

Does ICPC Apply to Every Interstate Adoption?

ICPC applies broadly to interstate child placements, including many private adoption placements, but there are exceptions and special circumstances.

The Texas DFPS private interstate adoption guide explains that ICPC applies to interstate placements with limited exceptions.

Because exceptions can apply, you should not assume that every situation involving a child and two states will follow exactly the same process.

Your adoption professional or attorney can determine whether ICPC applies to your particular placement and what requirements must be completed.

What Is the Difference Between Interstate Adoption and Foster Care Adoption?

Interstate adoption can involve either private domestic adoption or adoption from the foster care system.

The process is different depending on how the child becomes legally available for adoption.

For example, a family living outside Texas who wants to adopt a child from the Texas foster care system must meet Texas requirements and complete the applicable interstate process.

Texas DFPS states that an out-of-state family seeking to adopt a Texas child in foster care must be approved through an agency that has a contract with Texas to complete ICPC adoptions.

Families interested in children waiting for adoption through the Texas foster care system can learn more through the Texas Adoption Resource Exchange (TARE).

For nationwide foster care adoption information, AdoptUSKids is another national resource.

What Should I Do If I Am Considering Interstate Adoption in Texas?

If you are pregnant and considering adoption, you do not have to figure out the interstate process on your own.

A Texas adoption professional can help you understand your options and answer questions such as:

• Can I choose an adoptive family who lives outside Texas?
• What happens if my baby is born in Texas but the adoptive family lives elsewhere?
• How does ICPC affect my adoption plan?
• Will the adoptive family have to stay in Texas after the birth?
• What paperwork will be required?
• What are my rights as a birth mother?
• What happens at the hospital?
• What kind of contact can I have with the adoptive family?
• What support is available after placement?

Texas Adoption Center’s Texas adoption process guide explains the major steps involved in creating an adoption plan, choosing an adoptive family, and preparing for placement.

Texas Adoption Center also provides adoption services including counseling, financial support, transportation and housing support, medical care coordination, home study services, matching, and placement services. 

Talk With Texas Adoption Center About Interstate Adoption

Interstate adoption in Texas can involve additional legal and administrative steps, but you do not have to navigate those steps alone.

If you are a pregnant woman in Texas considering adoption, you may be able to choose an adoptive family who lives in another state. Your adoption professional can help you understand your options, create an adoption plan, learn about prospective adoptive families, and coordinate with the professionals responsible for the legal and ICPC requirements.

The most important thing to remember is that you can ask questions and take time to understand your options before making an adoption decision.

This article provides general educational information about interstate adoption and is not legal advice. Adoption and ICPC requirements vary based on the states involved and the circumstances of each case. For legal advice about your individual situation, speak with a qualified adoption attorney or contact Texas Adoption Center to learn more.

You can also call 512-893-7943, text 361-461-3742, or email hello@texasadoptioncenter.org.

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