Q    Do I have to live in Washington, D.C. to adopt a child in the District?
A    No. The prospective adoptive parent can adopt in Washington, D.C. when that parent is adopting a child in the custody of the government of Washington, D.C. or a licensed child-placing agency in the District, when the prospective adoptive parent is currently a resident of Washington, D.C., or when the prospective adoptive parent has been a resident of Washington, D.C. for a year prior to filing the adoption petition.

Q    Is there financial assistance available for adopting a child in Washington, D.C.?
A    Frequently there is. A child who is in the custody of the government child welfare agency is often eligible for an adoption subsidy. The amount of the subsidy is about the same as the payment made to foster parents to care for a child.

Q    Can I still receive an adoption subsidy from Washington, D.C. if I live in another state?
A    Yes, Washington, D.C. is a member of an interstate compact that allows adoption subsidies to travel with the child from state to state.

Q    Is there other financial assistance available to a child adopted from Washington, D.C.?
A    Yes, if a child is eligible for an adoption subsidy, the child is also eligible to receive medical care through Medicaid.

Q    Are there tax benefits available for adopting a child from Washington, D.C.?
A    Yes, there is a federal tax credit of up to $10,000 for qualified adoption expenses incurred in the adoption. Qualified adoption expenses include matters such as court fees, fees for a home study, and legal fees. The credit is permitted up to the amount of qualified adoption expenses. For a child who is determined to have special needs by Washington, D.C., the credit is $10,000 regardless of the actual qualified adoption expenses that were incurred. The credits are phased out for higher incomes, and they may be carried over to future years if they cannot be used all in one year.

Q    Can the biological parents of the child retain any rights after the adoption is approved?
A    No, an adoption is finalized only after the termination of parental rights. Once the adoption is finalized, the adoptive parent[s] assumes all the rights and responsibilities of the child as if the adoptive parent had been the biological parent.

Q    Don’t I have to go through a lot of interstate placement red tape if I live outside of Washington, D.C. and adopt a child from the District?
A    There are some requirements under the Interstate Compact on the Placement of Children that must be met. Generally, this means that a home study on your home will have to be performed, and your home will have to be approved by the authorities in the state where you live. The authorities in Washington, D.C. and all other states are very familiar with how these interstate placements work. Your attorney in your adoption should be able to help you navigate all of the requirements that must be satisfied for interstate adoptions.

Q    What is a contested adoption?
A    A contested adoption is one in which the biological parents refuse to consent to the adoption. They fight evidence that shows that their rights as parents should be terminated. For the adoption to proceed, the court must be convinced that it is in the best interest of the child for parental rights to be terminated.

Q    When in the process of an adoption can the rights of parents be terminated?
A    Termination of parental rights can be done before an adoption petition is filed. This sometimes happens when an agency with custody of a child wants to free the child for adoption. In such cases, obstacles are eliminated so that the adoption can be achieved more quickly when prospective adoptive parents come forward. Many times, the termination of parental rights occurs as part of the overall adoption proceedings. In the case of contested adoptions, this means that an evidentiary hearing will need to be held to determine whether the best interest of the child would be served by terminating the parental rights.

Q    How long must my adopted child live with me before the adoption can be finalized?
A    The child must live with the adoptive parent for at least six months, which can occur before the adoption petition is filed or after the adoption is granted on a provisional basis.

Q    Is there a fee for filing a petition for adoption in Washington, D.C.?
A    Generally, there is a filing fee of $80 for an adoption petition. However, for children in the custody of Washington, D.C.’s child welfare agency, the filing fee is not charged.