Interstate adoptions in Illinois run through the Interstate Compact on the Placement of Children (ICPC), codified in Illinois at 45 ILCS 15. ICPC requires approval from both the sending state and the receiving state before an adopted infant can leave the birth state and be discharged with the adoptive parents. When the case is well-planned in advance — referral package built, attorneys lined up, mother’s consent timing mapped — ICPC clearance typically lands within 10 to 14 days of the baby’s birth. Symmetry rules apply: ICPC clearance requires either an agency on each side or an attorney on each side, and the consent itself is signed under either Illinois law or the sending state’s law (often the better choice depends on which has the shorter post-birth waiting period).

An interstate adoption — a baby born in another state, adopted by an Illinois family — is a different animal from a fully in-state case. Two state agencies have to approve the placement before the baby leaves the birth state, the hospital discharge depends on those approvals, and the legal choreography requires careful coordination between attorneys in both states.

This post explains the ICPC process, what to expect at the hospital, how the choice of law works between Illinois and the sending state, and what adoptive parents should know before signing a retainer with anyone.

What ICPC is and why it exists

The Interstate Compact on the Placement of Children is a uniform agreement among all 50 states governing how children are moved across state lines for adoption or foster care. The Illinois version is at 45 ILCS 15. The compact requires that two compact administrators — one in the sending state and one in the receiving state — review and approve every interstate placement before the child can be transported.

The protections ICPC builds in are real. The compact ensures the receiving state has a current home study on the adoptive family, that adequate background checks have been done, and that the child is being placed in a home that has been independently evaluated. From the adoptive parents’ perspective, the compact is the last set of hoops to clear before the baby comes home.

The 10-to-14-day window — measured from birth, not from submission

The right way to budget the ICPC timeline is from the baby’s birth, not from when the referral package gets submitted. When the case is properly planned — referral package drafted in advance, sending-state and receiving-state attorneys coordinated, mother’s consent path picked, hospital discharge expectations set — ICPC clearance typically lands within 10 to 14 days of birth. Most of the work happens in the first few days after birth: the mother signs her consent (after whatever waiting period applies), the hospital provides discharge documentation, the package gets submitted to the sending-state ICPC office, and the receiving-state office reviews and clears.

The adoptive parents are usually in the birth state — at the hospital, then at a hotel — for the duration of that window. The hospital discharges the baby to them, but they cannot leave the state until ICPC clears. Most families budget two weeks of out-of-state stay around the due date and adjust as the actual approval timeline develops.

Things that extend the window: birth-state law that requires a longer post-birth waiting period before the mother can sign consent, paperwork errors that come back for correction, baby remaining in the hospital for medical reasons, or sending-state administrators with backed-up workloads. Things that shorten it: a complete, well-organized packet drafted before the birth and a sending-state attorney with current ICPC contacts.

The symmetry rule

ICPC will only approve placements where the legal representation is symmetrical between the sending and receiving states. That means one of two configurations:

Agency on both sides. A licensed agency in the sending state and a licensed agency in the receiving state. Common in agency-coordinated adoptions.
Attorney on both sides. A licensed adoption attorney in the sending state and a licensed adoption attorney in the receiving state. Common in independent / direct-placement adoptions.

You cannot mix — agency in one state, attorney in the other — without restructuring. Adoptive families who started with an agency in their home state and want to use an attorney for the actual sending-state work usually need to bring in symmetrical representation on the other side.

Choice of law: Illinois or the sending state?

The mother’s consent to the adoption can be signed under either Illinois law or the law of the state where the baby is born. State laws vary in important ways:

Post-birth waiting period. Illinois requires 72 hours after birth before the mother can sign consent (750 ILCS 50/9). Other states’ waits range from 24 hours to several days.
Form of consent. Illinois requires open court or a licensed agency specialist to witness mother’s consent. Some states allow a notary.
Revocation period. Some states allow a brief revocation window after signing. Illinois consent is final and irrevocable upon signing.
Living-expense rules. Each state caps allowable adoptive-parent payments to the birth mother differently.

Which law to use is a strategic call your attorney makes with the sending-state attorney based on what works best in the specific situation. We’ve used Indiana law in some interstate cases and Illinois law in others — the right answer depends on timing, mother’s location, and what the sending-state hospital expects to see at discharge.

What happens at the hospital

Hospitals have their own procedures for discharging a newborn to non-parents. The packet at the hospital usually includes a “discharge of custody” form, a verification of identity, and a summary of the legal authority for the discharge — typically the signed consent, the ICPC packet, and a court-issued discharge order if one is required.

Two things go wrong here more often than they should:

The agency doesn’t get the right paperwork to the hospital before discharge. If you are working through an agency that is geographically distant from the birth hospital, confirm in writing the night before discharge that the hospital has what it needs.
The hospital insists on the wrong identity verification. Some hospitals try to require parents to be married, or require both parents to be present, or refuse to discharge until a state child-welfare worker arrives. Sending-state attorneys with hospital experience know the right escalation paths when this happens.

The lesson: have your sending-state attorney involved early enough to coordinate with the hospital before the birth, not after.

The 6-month post-placement supervision period

Even after ICPC clears and the baby comes home to Illinois, the adoption isn’t final yet. For non-relative private adoptions, Illinois requires a six-month post-placement period during which an Illinois licensed agency supervises the placement. The agency does home visits at roughly months two, three, and five, and files a final report with the adoption court before the final hearing.

The agency that did your home study typically also does the post-placement supervision. The total cost varies, but a typical Illinois-only post-placement supervision and final report costs in the range of $3,000 — substantially less than a full agency adoption package, which is one reason direct attorney-coordinated placements are increasingly common.

Living expenses, retainers, and timing

Adoptive parents in interstate cases often want to support the birth mother during pregnancy. Illinois law caps allowable gifts at $200, with allowable substantive expenses (food, shelter, transit, medical care, counseling) up to $1,000 without court approval, and anything above that requires a pre-birth court petition. See our post on living expenses in Illinois private adoptions for the full mechanics.

One practical caution: do not pay attorney retainers for the sending state until the birth mother has actually committed to placing with you. Match commitments fall through, and a $7,000 retainer paid to a sending-state attorney before the mother is firmly committed is money at risk. We recommend waiting for an explicit commitment from the mother — even informally — before extending retainers across state lines.

What “closed adoption” means in 2026

The phrase “closed adoption” used to mean anonymous — the birth mother and adoptive family never knew each other’s identities. That definition is mostly obsolete. The modern usage is more often “closed contact” — the birth mother does not want post-placement updates, photos, or visits, but she may still know basic identifying information. Illinois has no enforceable post-adoption contact agreements anyway (the Adoption Act doesn’t recognize them), so any contact arrangements are voluntary on both sides.

Considering an Interstate Adoption?

Parker & Parker coordinates ICPC interstate adoptions on the Illinois (receiving) side, working with sending-state attorneys to keep the process moving. Call (309) 673-0069 or
schedule a consultation.

Frequently Asked Questions

How long do we have to stay in the birth state after the baby is born?

Plan for 10 to 14 days from the baby’s birth. ICPC approval from both sending and receiving states is required before you can leave with the child. Most families budget two weeks of out-of-state stay around the due date and adjust based on the actual ICPC processing time. Pre-birth preparation of the referral package is the single biggest variable — cases with the package built in advance clear faster than cases where the package is started after the baby arrives.

Can the same attorney handle both states?

Only if that attorney is licensed in both states. ICPC requires symmetry — agency on both sides or attorney on both sides — so you usually need an attorney in the sending state and an attorney in Illinois (the receiving state). Some attorneys are dually licensed in adjacent states; most are not.

Whose law governs the mother’s consent — Illinois or the sending state?

You and the sending-state attorney choose. The choice depends on which state’s law produces the cleanest, fastest result for the specific situation. Illinois requires 72 hours after birth and witnessing in open court or by a licensed agency specialist; other states have different waiting periods and witnessing requirements.

Do adoptive parents have to pay the birth mother’s attorney?

Almost always, yes. In interstate cases, the birth mother’s representation is typically paid for by the adoptive family as part of the overall adoption costs. This is permitted under Illinois adoption-expense rules.

What happens if the mother changes her mind after the baby is born?

Until she signs the final, irrevocable consent, she has the legal right to decide not to place. Once signed, Illinois consent is final and irrevocable; some other states have brief revocation windows. The 72-hour Illinois waiting period exists precisely to give mothers time to be certain.

Is a “closed adoption” still possible?

If by closed you mean anonymous, that’s largely obsolete. If by closed you mean “no post-placement contact,” that’s typically achievable — the birth mother decides whether she wants updates and photos, and Illinois law doesn’t enforce contact agreements anyway, so the choice is hers throughout.

Interstate Adoption from Illinois: How the ICPC Process Works