Meeting the Requirements for an Interstate Adoption (ICPC)

Many Illinois families match with a birth mother who lives in another state, or have a relative or adoptive family out of state who wants to adopt a child born here. Whenever a child in an adoption travels from one state to another before the adoption is finished, the Interstate Compact on the Placement of Children (ICPC) applies.

ICPC is a set of rules that all 50 states follow. It is meant to protect children and make sure both states agree the placement is safe and legal before a child crosses state lines. Until both states approve the paperwork, the child cannot travel. For adoptive parents, this usually means staying in the birth state with the baby for a period of time after the birth.

What Is an Interstate Adoption?

An adoption is “interstate” when the child and the adoptive parents are in different states at the time of placement. Common examples include:

• Illinois parents traveling to another state to adopt a newborn.
• A child born in Illinois going to live with adoptive parents in another state.
• A relative or stepparent adoption where the child moves across state lines.
• An agency or private adoption where the agency, birth parents, and adoptive parents are in different states.

In each of these situations, both states’ ICPC offices must review and approve the placement before the child can move. Parker & Parker Attorneys at Law helps families plan for this process so that you know what to expect before you ever buy a plane ticket.

The Importance of Knowledgeable Legal Counsel

Interstate adoption is not just “one more form.” It is a detailed process that brings together:

• The adoption laws of two different states
• ICPC rules and checklists
• Hospital discharge and temporary custody issues
• Payment and expense rules that may differ from state to state
• Agency licensing and DCFS registration requirements

The American Academy of Adoption Attorneys requires that members show experience successfully completing interstate cases. That is because these cases demand precision and coordination. Experienced lawyers know what each state’s ICPC office expects, what documents must be included, and how to avoid missing pieces that cause delay.

In an interstate adoption, your Illinois attorney will typically work closely with counsel or agencies in the other state. Any differences between Illinois law and the other state’s law must be identified, explained, and built into the plan. Our goal is to get both states’ approvals as smoothly and quickly as possible so you can bring your child home.

How the ICPC Process Works for Families

Although every case is unique, most interstate adoptions follow the same general pattern:

1. Match and home study.
You connect with a birth parent or an agency in another state, or you are a birth parent choosing a family in a different state. The adoptive family must have a current, approved home study and background checks that meet both states’ requirements.

2. Preparing the ICPC packet.
Your lawyers and agencies gather a group of documents, often including:

• A formal request to place the child under ICPC
• Consents or surrenders from one or both birth parents, using the correct forms and laws
• A clear plan for how and where the adoption will be finished
• Medical and social history for the child and birth parents
• The adoptive parents’ home study, licensing, and background checks
• Affidavits of expenses and payment records
• Proof that the Indian Child Welfare Act (ICWA) has been considered and followed
• Temporary authority for the adoptive parents to care for the child and make medical decisions

Illinois and the other state may ask for different details. We are used to those differences and build them into your plan from the start.

3. Review by both states.
The “sending state” (where the child is located) reviews the packet first, then forwards it to the “receiving state” (where the adoptive parents live). Each ICPC office checks that the placement meets its standards. Questions or missing pieces are addressed through the attorneys and agencies.

4. Approval and travel.
Once both states approve the placement, the adoptive parents can travel home with the child. At that point, the case moves forward like any other adoption in the parents’ home state, with post-placement supervision and a final hearing.

Planning for Time Out of State

For Illinois families adopting a child born elsewhere, it is common to travel to the birth state shortly before delivery and stay there afterward while ICPC is pending. Most families spend at least a week or two in the birth state, and sometimes longer if extra documents are needed.

We help you plan for:

• How long you may realistically be away from home
• What must be done before you travel (home study, background checks, consents)
• How hospital discharge will work and when you can take the baby from the hospital
• Who will supervise the placement once you return to Illinois

We also counsel families on the emotional side: how to use that waiting time to bond with the child, how to communicate with birth parents, and what to expect if questions come up while ICPC is still reviewing your case.

Out-of-State Agencies, Facilitators, and Illinois Law

Many interstate adoptions now begin online. Families see advertising from agencies and matching services all over the country. Illinois has strict rules about who can provide “adoption services” and how out-of-state agencies must interact with Illinois families.

We help you by:

• Checking whether an out-of-state agency is properly licensed and registered with DCFS
• Explaining which out-of-state advertising and matching services are allowed, and which raise red flags
• Reviewing agency contracts, fee schedules, and refund policies before you sign
• Making sure an agency’s written promises match what Illinois law requires for disclosures and complaint processes

Our goal is to protect you from expensive or illegal arrangements and to keep your adoption on solid ground in both states.

Payments and Expenses in an Interstate Adoption

Interstate adoptions can involve different state rules on what expenses may be paid to or for a birth parent. Illinois law is especially strict for prospective adoptive parents, including limits on “reasonable living expenses,” timing rules, and caps on what may be advanced without court approval.

When your case involves another state, it is easy to be confused by websites or agencies that follow that state’s looser rules. We help families:

• Understand what Illinois law allows adoptive parents to pay
• Keep careful records and receipts for all expenses
• Seek court approval when needed to go above standard limits
• Prepare the final accounting that both states and the court will review at the end of the case

This protects your family from claims of illegal payments and helps the court feel confident that everyone was treated fairly.

Common Issues We Help Solve

Parker & Parker handles interstate adoptions involving many different states and fact patterns. We regularly assist with:

• Choosing whether to use Illinois consent forms or the other state’s forms, based on which law applies and what will be easiest to defend later.
• Coordinating consent hearings in person or by video, including situations involving incarcerated or out-of-state birth parents.
• Preparing orders to release the child from the hospital and give you temporary legal authority to care for the child.
• Addressing notice to fathers, including putative father registries and certified mail to known addresses.
• Making sure ICWA is addressed properly when there is any possibility of Native American heritage.
• Finishing the adoption in Illinois after you return home, including scheduling the final hearing and obtaining the new birth certificate.

Because we also handle many non-interstate adoptions and have written statewide guidance on adoption practice, we understand how ICPC fits into the larger picture of forming your family.

Resources for Families Considering Interstate Adoption

If you are early in your journey and still deciding what path is right for you, these pages may help:

• Our main Illinois adoption practice page for an overview of private, agency, foster, stepparent, and international adoptions.
• Our blog article, Starting the Adoption Journey in Illinois: Where Families Begin, which explains how families choose a path and what to expect at the start.

Let Us Answer Your Questions About Adoption Across State Lines

Yes, an interstate adoption is complex — but it does not have to be frightening when you have an experienced lawyer guiding you through each step. Whether you are an Illinois couple adopting in another state, or a birth parent here or elsewhere planning for a child to move across state lines, we can help you bring your child home safely and lawfully.

Contact Parker & Parker in Peoria by calling 309-673-0069 or 800-672-9105, or by sending an email inquiry through this website.