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Foster Care Adoption Governing Laws At A Glance

Foster Care Adoption Governing Laws

Both Federal and State laws have been developed in order to govern the legalities of adopting a foster child. Although the Federal Government does not have the authority to create or enforce adoptionwith the desire to adopt that foster child must undergo extensive foster parent training. These training programs may involve various classes that are utilized to ensure that foster parents are equipped with the skills, knowledge, and tools that they need in order to handle the difficulties and stresses that accompany adopting a foster child. An individual who wishes to become a foster parent must also become certified in CPR and first-aid.

Legally, foster parents are required to open their home to numerous, and often unannounced, investigations in order to ensure that the home is a safe and secure environment in which a child can live. If an investigation finds that a foster parent is not following rules and regulations or is treating the child improperly, then the child will be removed from the care of the foster parent and placed in a new environment.

An individual who chooses to become a foster parent with the intention to adopt foster child should acknowledge that, as a foster parent, the individual may be in a position in which they can experience severe disappointment. State laws may regulate the amount of time that a foster child can stay with a foster parent.


In most cases, foster children are removed from the care of a foster parent within eighteen months. Often, children are placed in the care of a foster parent while their birth parents seek treatment for unacceptable behavior. When a birth parent is fit to resume caring for their child or becomes financially stable, then the child may be returned to the care of their birth parents.

A foster parent cannot legally adopt a foster child until the birth parent's parental rights have been legally terminated. This may be an extremely long process, which may take many years. If a court or the local child protective services decides that it is safe for the child to return to the care of their parents, then there is nothing that the foster parent can do to stop this reunification. A foster parent must have the ability to let go of a foster child if needed. Before an individual considers adopting a foster child, they should review all of their State's laws regarding foster care adoption.

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